Legislature(1999 - 2000)

03/02/2000 01:40 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SENATE LABOR AND COMMERCE COMMITTEE                                                                                    
                    March 2, 2000                                                                                               
                      1:40 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Jerry Mackie, Chairman                                                                                                  
Senator Tim Kelly, Vice Chairman                                                                                                
Senator Loren Leman                                                                                                             
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Dave Donley                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 279                                                                                                             
"An Act relating to the redemption of shares of certain Alaska                                                                  
corporations."                                                                                                                  
                                                                                                                                
     -MOVED SB 279 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE BILL NO. 230                                                                                                             
"An Act relating to the relationship between employees and labor                                                                
organizations; and prohibiting collective bargaining contracts that                                                             
require employees to join a labor or employee organization; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
     -HEARD AND HELD                                                                                                            
                                                                                                                                
SENATE BILL NO. 276                                                                                                             
"An Act requiring that health care insurers provide coverage for                                                                
treatment of diabetes."                                                                                                         
                                                                                                                                
     -MOVED SB 276 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 279 - See Labor and Commerce Committee minutes dated 2/29/00.                                                                
                                                                                                                                
SB 276 - No previous action to report.                                                                                          
                                                                                                                                
SB 230 - No previous action to report.                                                                                          
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mr. David Grey, Aide                                                                                                            
Senator Jerry Mackie                                                                                                            
State Capitol Bldg.                                                                                                             
Juneau, AK 99811                                                                                                                
POSITION STATEMENT: Commented on SB 279 for sponsor.                                                                            
                                                                                                                                
Mr. Franklin Terry Elder, Director                                                                                              
Division of Banking and Securities                                                                                              
Department of Commerce and Economic Development                                                                                 
P.O. Box 110807                                                                                                                 
Juneau, AK 99811                                                                                                                
POSITION STATEMENT:  Commented on SB 279.                                                                                       
                                                                                                                                
Mr. Julius Brecht                                                                                                               
900 W 5th Ave #600                                                                                                              
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT: Supported SB 279.                                                                                           
                                                                                                                                
Mr. Jimmy Jackson                                                                                                               
GCI Representative                                                                                                              
2550 Denali St.                                                                                                                 
Anchorage, AK 99503                                                                                                             
POSITION STATEMENT: Supported SB 279.                                                                                           
                                                                                                                                
Mr. Stephen Goodrick, Vice President                                                                                            
National Right to Work Committee                                                                                                
8001 Bradock Rd.                                                                                                                
Springfield, Virginia 22160                                                                                                     
POSITION STATEMENT: Supported SB 230.                                                                                           
                                                                                                                                
Senator Mike Miller                                                                                                             
Senate District Q                                                                                                               
Alaska State Capitol                                                                                                            
Juneau, Alaska 99801-1182                                                                                                       
POSITION STATEMENT:  Sponsor of SB 276                                                                                          
                                                                                                                                
Ms. Betsy Turner Bogren                                                                                                         
Fairbanks District Manager                                                                                                      
American Diabetes Association                                                                                                   
PO Box 343                                                                                                                      
Ester, AK  99725                                                                                                                
POSITION STATEMENT:  Supported SB 276.                                                                                          
                                                                                                                                
Max Bogren                                                                                                                      
PO Box 343                                                                                                                      
Ester, AK  99725                                                                                                                
POSITION STATEMENT:  Supported SB 276.                                                                                          
                                                                                                                                
Ms. Michelle Cassano                                                                                                            
Executive Director                                                                                                              
American Diabetes Association                                                                                                   
801 W Fireweed                                                                                                                  
Anchorage, AK  99503                                                                                                            
POSITION STATEMENT:  Supported SB 276.                                                                                          
                                                                                                                                
Ms. Janel Wright                                                                                                                
3330 Arctic Blvd. #1303                                                                                                         
Anchorage, AK  99503                                                                                                            
POSITION STATEMENT:  Supported SB 276.                                                                                          
                                                                                                                                
Mr. Howard Hedges                                                                                                               
4032 Beluga Circle                                                                                                              
Homer, AK  99603                                                                                                                
POSITION STATEMENT:  Supported SB 276.                                                                                          
                                                                                                                                
Ms. Daisy Lee Bitter                                                                                                            
62479 E Skyline Dr.                                                                                                             
Homer, AK  99603                                                                                                                
POSITION STATEMENT:  Supported SB 276.                                                                                          
                                                                                                                                
Gordon Evans                                                                                                                    
Health Insurance Association of America                                                                                         
211 4th Street, Suite 305                                                                                                       
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Supported SB 276 if amended.                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-7, SIDE A                                                                                                               
                                                                                                                                
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE called the Senate Labor and Commerce Committee                                                                  
meeting to order at 1:40 p.m.  Present were Senators Leman, Tim                                                                 
Kelly, Hoffman, and Chairman Mackie.                                                                                            
                                                                                                                                
             SB 279-REDEMPTION OF CORPORATE SHARES                                                                              
                                                                                                                                
CHAIRMAN MACKIE announced SB 279 to be up for consideration.                                                                    
                                                                                                                                
MR. DAVID GREY, Aide to Senate Labor and Commerce, said SB 279 is                                                               
an act related to redemption of shares of certain Alaskan                                                                       
corporations.  It allows the redemption of preferred stock at the                                                               
discretion of the stock holder.  By providing this option, Alaska                                                               
corporations are given an alternative method to raise funds and                                                                 
Alaskan investors are given an expanded investment opportunity.                                                                 
                                                                                                                                
As the Alaskan Corporate Code stands now, redemption of preferred                                                               
shares is only at the option of the issuer.  The right to have                                                                  
stock redeemed under specific conditions can be an important aspect                                                             
for a stock sale or transaction.  This share redemption right gives                                                             
the shareholder an avenue to get the holder's cash back under terms                                                             
negotiated with the issuing corporation.                                                                                        
                                                                                                                                
Under this bill, preferred stock share redemption must also comply                                                              
with other restrictive provisions of the Corporate Code.  For                                                                   
example, a redemption is prohibited if the amount of the                                                                        
corporation's retained earnings immediately before the proposed                                                                 
distribution does not equal or exceed the amount of the proposed                                                                
distribution. "You've got to have enough money to pay everybody                                                                 
off."                                                                                                                           
                                                                                                                                
The Alaska Corporate Code is modeled in large part after the                                                                    
California Corporation Code.  This body of law has since been                                                                   
amended and expanded to allow for this kind of stock redemption.                                                                
A number of other states have also allowed the issuance of                                                                      
preferred stocks similar to what is being proposed by this bill.                                                                
                                                                                                                                
MR. TERRY ELDER, Director, Division of Banking, Securities, and                                                                 
Corporations testified that a number of other states already allow                                                              
this option to corporations.  It wouldn't have any fiscal impact on                                                             
his department in terms of filing requirements.  They agree that                                                                
there are other sections of the Corporation Code that provide                                                                   
adequate security for shareholders so that they wouldn't be                                                                     
financially harmed by redemptions.  Consequently, it just becomes                                                               
a public policy issue for the legislature to decide.                                                                            
                                                                                                                                
CHAIRMAN MACKIE asked what other states do.                                                                                     
                                                                                                                                
MR. ELDER answered that California, in particular, which our Code                                                               
was based on, and a number of other states have already amended                                                                 
their acts to allow for this option.                                                                                            
                                                                                                                                
CHAIRMAN MACKIE asked if he saw any public policy reasons or                                                                    
downside why they should continue to deny that option.                                                                          
                                                                                                                                
MR. ELDER said he didn't.                                                                                                       
                                                                                                                                
Number 411                                                                                                                      
                                                                                                                                
SENATOR LEMAN asked if he would recommend to the Governor that he                                                               
sign this.                                                                                                                      
                                                                                                                                
MR. ELDER responded that he was not taking a position on the bill,                                                              
but, if the bill passes the legislature, and the Governor asks the                                                              
Commissioner, and the Commissioner asks him, he couldn't see any                                                                
reason why he wouldn't recommend it.                                                                                            
                                                                                                                                
SENATOR KELLY asked who requested it.                                                                                           
                                                                                                                                
CHAIRMAN MACKIE answered that the Labor and Commerce Committee                                                                  
introduced it at the request of some companies.  He thought GCI was                                                             
one.                                                                                                                            
                                                                                                                                
Number 477                                                                                                                      
                                                                                                                                
MR. JULIUS BRECHT, Attorney and Managing Shareholder of the Law                                                                 
firm Wolforth, Bachelor, Johnson, and Brecht, said he was a past                                                                
Director of the Alaska Division of Banking, Securities, and                                                                     
Corporations. He said he had submitted a written statement in                                                                   
support of this bill which they should already have.  He summarized                                                             
his statement saying that he participated in the development and                                                                
review of proposals for a new Alaska Corporate Code.  As                                                                        
comprehensive as that effort was, time marches on and corporate law                                                             
needs change.  Redemption of shares is an example.  The proposed                                                                
changes to section .325 do not lessen the provisions in the Code                                                                
for protection of shareholders of a corporation.  They will allow                                                               
greater flexibility to a corporation's board of directors in                                                                    
addressing capital needs in the present day financial markets.                                                                  
                                                                                                                                
MR. JIMMY JACKSON, GCI, said their chief financial officer, John                                                                
Lowe, has submitted testimony in support of SB 279.  Since he is                                                                
traveling today, Mr. Jackson said he was here to reiterate his                                                                  
testimony and answer questions.  Several other states, including                                                                
those who are leaders in corporate law like Delaware, already allow                                                             
preferred stock which is redeemable in this way at the option of                                                                
the shareholder.                                                                                                                
                                                                                                                                
GCI is an Alaskan corporation, founded by Alaskans, and is one of                                                               
the few publicly traded corporations.  Unfortunately, they are at                                                               
a disadvantage because they cannot issue preferred stock which is                                                               
redeemable at the option of the shareholder.  This is a                                                                         
disadvantage to them in trying to raise capital to conduct their                                                                
business.  Without this law, businesses will be less inclined to                                                                
incorporate in Alaska and more inclined to incorporate in another                                                               
state.                                                                                                                          
                                                                                                                                
MR. DAVID TAYLOR, Chief Financial Officer, Grady and Company, a                                                                 
privately held insurance brokerage,  supported SB 279 for many of                                                               
the same reasons that have already been stated.  By enabling                                                                    
Alaskan corporations to remain competitive with other states in the                                                             
raising of capital, this is a revenue positive bill for the State                                                               
and will result in additional taxable income.                                                                                   
                                                                                                                                
CHAIRMAN MACKIE asked if there was anyone else to testify and                                                                   
getting no response he closed the pubic testimony.                                                                              
                                                                                                                                
SENATOR LEMAN thanked him for introducing this legislation.  It was                                                             
good and timely.                                                                                                                
                                                                                                                                
SENATOR KELLY commented that he wasn't sure of that since they had                                                              
the bill only ten days and had heard from only one corporation.  He                                                             
would like to believe that. He wanted to hear if there is another                                                               
side of the story.  He wanted to hear that, too.                                                                                
                                                                                                                                
CHAIRMAN MACKIE responded that the bill was scheduled twice and the                                                             
same people had testified.  He asked Mr. Grey if there was any                                                                  
opposition to the bill.  He indicated there was none.  He asked                                                                 
Senator Kelly if he wanted to hold the bill and he indicated no.                                                                
                                                                                                                                
SENATOR KELLY said this appears to be a major change in the                                                                     
Corporate Code and he's not sure if the corporate world is aware of                                                             
that, yet.                                                                                                                      
                                                                                                                                
SENATOR LEMAN moved to pass SB 279 from committee.  There were no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
                      SB 230-RIGHT TO WORK                                                                                      
                                                                                                                                
CHAIRMAN MACKIE announced SB 230 to be up for consideration.                                                                    
                                                                                                                                
SENATOR LYDA GREEN, sponsor, introduced Stephen Goodrick, National                                                              
Right to Work Committee, the premier spokesman on the subject.                                                                  
                                                                                                                                
MR. STEPHEN GOODRICK, Vice President, National Right to Work                                                                    
Committee, said they are an organization made up of 2 million                                                                   
members and supporters across the country who are united in the                                                                 
belief that it is wrong to compel any worker to pay union dues or                                                               
to join a union as a condition of employment.  It's the only thing                                                              
they are about, but they feel very strongly about it.                                                                           
                                                                                                                                
Number 1070                                                                                                                     
                                                                                                                                
MR. GOODRICK said his job is to monitor legislation across the                                                                  
country.  They became aware of Alaska through their membership here                                                             
and members of the legislature that there was an effort to seek                                                                 
enactment or introduction of the State Right to Work bill.                                                                      
                                                                                                                                
He addressed the question brought up by the Commissioner of the                                                                 
Department of Labor as to whether they have 5,000 - 10,000 members                                                              
in Alaska; the exact count is 5,920.  He said that 80% of the                                                                   
American public think it is wrong to require a worker to pay union                                                              
dues or fees as a condition of employment.  He would be surprised                                                               
if a majority of Alaskans don't agree with the national opinion on                                                              
that question.  He commended Representative Kohring and Senator                                                                 
Green for taking the very first step towards freeing Alaskan                                                                    
workers from the tyranny of compulsory unionism.                                                                                
                                                                                                                                
SB 230 is simple even though a lot of union officials wanted to                                                                 
make it seem very complicated.  It makes it illegal to force                                                                    
workers to pay union dues as a condition of employment.  It does                                                                
nothing to diminish the right of an individual worker to join and                                                               
participate in a labor union.  Those rights are protected under                                                                 
federal law and they wouldn't support anything contrary to that.                                                                
                                                                                                                                
He asked what could be more basic or more fair than letting                                                                     
individual workers decide for themselves what groups are worthy of                                                              
their support and patronage.  Unfortunately, in Alaska today,                                                                   
thousands of working men and women have no such choice.  The                                                                    
message to these independent minded workers is unmistakable.  Join                                                              
the union and pay the union dues or don't work here.                                                                            
                                                                                                                                
There is no natural right in a free society for any private                                                                     
association to compel representation or financial tribute.  The                                                                 
true role of government in a free society is to protect the                                                                     
individual's ability to exercise his or her rights without                                                                      
harassment or interfering.  Passing "right to work" would let                                                                   
Alaska's workers say to their union officials "Persuade me;                                                                     
convince me; don't force me."                                                                                                   
                                                                                                                                
Unions operate the same in right to work states as they do in                                                                   
enforced unionism states like Alaska.  Under the right to work law,                                                             
the only thing that changes is that union officials can no longer                                                               
negotiate with an employer for a union security clause, a contract                                                              
that forces all the workers to pay union dues whether they wish to                                                              
or not.                                                                                                                         
                                                                                                                                
"Despite misinformation from union officials, right to work has no                                                              
real affect on nominal wages."  According to the Union Membership                                                               
and Earnings Data published by the Bureau of National Affairs, the                                                              
average weekly earnings of private sector union members in a right                                                              
to work state is $600 while union members earn $594 in nonright to                                                              
work states.  In fact, right to work is a little tiny bit ahead.                                                                
                                                                                                                                
Alaska's failure to pass a right to work clause costs far above the                                                             
injustice to individual workers.  Every Alaskan pays the price in                                                               
lost jobs, higher taxes, and a lower standard of living.  It hurt                                                               
consumers, it hurts taxpayers, and hurts workers.                                                                               
                                                                                                                                
The AFL/CIO's own numbers show that right to work states have                                                                   
higher real income.  Their information comes from the U.S.                                                                      
Department of Labor data and does not adjust for anything.                                                                      
                                                                                                                                
Number 1395                                                                                                                     
                                                                                                                                
But if you adjust for the cost of living, the benefits of right to                                                              
work becomes clear.  The average of hourly earnings in                                                                          
manufacturing industries in right to work states are 8% higher than                                                             
they are in nonright to work states.  Average earnings in                                                                       
manufacturing are 7.6% higher in right to work states than in                                                                   
nonright to work states. Average per capita personal income is                                                                  
$1,100 higher in right to work states than in compulsory union                                                                  
states.  The average annual pay overall is $900 higher in right to                                                              
work states than it is in compulsory union states.                                                                              
                                                                                                                                
These numbers confirm the right to work advantage reported by Nobel                                                             
Prize winning economist, James Bennet, at George Mason University.                                                              
The gap is even wider as a result of adjusting for state                                                                        
differences in taxation.  A quote from Dr. Bennet's report, A                                                                   
Higher Standard of Living in Right to Work States, says that a                                                                  
typical urban family in a right to work state has $2,852 more                                                                   
after-tax purchasing power than the very same family would have in                                                              
a nonright to work state.  He shows that much of the reason                                                                     
families are so much better off in right to work states is that                                                                 
they pay 25 percent more for food, housing, health care, utilities,                                                             
property taxes, and college tuition than families in enforced union                                                             
states.  What matters to workers is not how much they earn, but how                                                             
much of it they get to keep and spend.  Right to work does better                                                               
in every category when you look at it that way.                                                                                 
                                                                                                                                
Since 1980, per capita income in right to work states by 11% more                                                               
than in nonright to work states.  Total economic growth in right to                                                             
work states has out paced nonright to work states by 25% since 1991                                                             
and is projected to continue at the same pace to 9% by 2001                                                                     
according the Financial World Magazine.                                                                                         
                                                                                                                                
The importance which business attributes to a state's policy                                                                    
encouraging cooperative and voluntary relations between labor and                                                               
management has been very clear for many years.  According to Ann                                                                
Elizabeth Morris, President and Chief Economist of the Insight                                                                  
Research Corporation, one of the leading dominant competitors in                                                                
corporate relocation research, says "Ninety percent of companies                                                                
use forced collective bargaining as a first kick-out criteria and                                                               
choose to locate in only right to work states when their overall                                                                
operating requirements give them any latitude on this issue."  He                                                               
said that Alaska is cutting itself off at the knees at the                                                                      
beginning by continuing to allow the forced union policy to remain                                                              
in place, because it keeps out nine out of 10 companies that might                                                              
come to Alaska and hire people and pay taxes.  The results of this                                                              
thinking can be very clearly seen.                                                                                              
                                                                                                                                
According to the U.S. Department of Labor, between 1960 and 1993,                                                               
right to work states created nearly 2.7 million new high paying                                                                 
manufacturing jobs while during the very same period, forced union                                                              
states lost about 1.4 million jobs.  The fact is that the                                                                       
prosperity the nation has encountered and enjoyed over the last 20                                                              
years has been produced by the workers and employers in the right                                                               
to work states.  If you cut the country in half and made half of it                                                             
compulsory unionism and the other half right to work, you would see                                                             
the nonright to work half in a severe economic recession and severe                                                             
decrease in job creation; and you would have seen a tremendous                                                                  
growth rate in right to work America.  The evidence is clear that                                                               
employee freedom and prosperity go hand in hand.                                                                                
                                                                                                                                
This is where right to work differs with organized labor's                                                                      
officials.  They have a higher belief and trust in the intelligence                                                             
of American workers to make these decisions on their own behalf.                                                                
They will not be hurt by being allowed to choose for themselves                                                                 
what to do with their own money.                                                                                                
                                                                                                                                
The case in Alaska is compelling from any legitimate perspective.                                                               
Is it right to ask a person who voted against union representation                                                              
in the first place to pay or be fired.  Political; is it the right                                                              
thing to allow forced union dues to be spent by organized labor in                                                              
direct contravention of the beliefs and view of their own members                                                               
in supporting political candidates who are out of touch with the                                                                
working man in America.  Or is it smart economically? No it's not;                                                              
but union officials want to keep coercing union dues from unwilling                                                             
workers and they will do or say anything to keep their money                                                                    
rolling into their coffers and right into their wallets out of                                                                  
Alaska workers' paychecks.                                                                                                      
                                                                                                                                
By fighting against right to work, union officials are telling you                                                              
that this is union busting legislation.  That the only way they can                                                             
stay in business is by forcing their members to pay dues.  This is                                                              
a damming admission.  If their power is based on the ability to                                                                 
force or coerce workers to pay, that's an illegitimate power and it                                                             
should be removed.                                                                                                              
                                                                                                                                
Right to work supporters know that when workers see a union truly                                                               
representing them, they won't need to be compelled by government                                                                
guidance to pay tribute.  They will gladly join on their own if                                                                 
they see it's in their self interest.  A good labor union has no                                                                
need for compulsory systems of membership recruitment to attract                                                                
their members.  A bad union doesn't deserve to continue to have                                                                 
that power.  In the interests in the rights of working men and                                                                  
women of Alaska, he urged them to support HB 309 and SB 230.                                                                    
                                                                                                                                
Number 1700                                                                                                                     
                                                                                                                                
CHAIRMAN MACKIE recapped that he said 80% of Americans oppose                                                                   
mandatory dues and union membership and asked him to expand on                                                                  
that.                                                                                                                           
                                                                                                                                
MR. GOODRICK responded that the numbers had gone up over the last                                                               
20 years.  It's always been a solid majority.  This idea of                                                                     
requiring workers to pay union dues has been a foreign concept to                                                               
American workers.  It has gone up a couple of points in the fall of                                                             
every decade.  The latest poll they have is 78%.  The question is                                                               
asked: "Do you think that a worker should be required to pay union                                                              
dues or fees in order to get or keep a job."                                                                                    
                                                                                                                                
CHAIRMAN MACKIE said how many states right now have right to work                                                               
laws such as proposed in this legislation.                                                                                      
                                                                                                                                
MR. GOODRICK answered 21.                                                                                                       
                                                                                                                                
CHAIRMAN MACKIE asked if it was correct that 21 states have no                                                                  
requirement to pay union dues or join a union for employment.                                                                   
                                                                                                                                
MR. GOODRICK said that was correct.                                                                                             
                                                                                                                                
CHAIRMAN MACKIE asked what some of them were.                                                                                   
                                                                                                                                
MR. GOODRICK answered geographically it was almost all of the south                                                             
and most of the west.                                                                                                           
                                                                                                                                
CHAIRMAN MACKIE asked him to name some of the western states.                                                                   
                                                                                                                                
MR. GOODRICK replied Kansas, Wyoming, Kansas, Florida, Georgia,                                                                 
South Carolina, North Carolina, Arkansas, Alabama...                                                                            
                                                                                                                                
CHAIRMAN MACKIE said he asked for the west.                                                                                     
                                                                                                                                
MR. GOODRICK replied Kansas, Nebraska, Texas, Utah, Wyoming, one or                                                             
two of the Dakotas.                                                                                                             
                                                                                                                                
CHAIRMAN MACKIE asked if any federal laws were in conflict with                                                                 
this legislation.                                                                                                               
                                                                                                                                
MR. GOODRICK responded that the history is very interesting.  It                                                                
all goes back to 1936 when FDR paid off organized labor for their                                                               
support in his presidential campaign by enacting the National Labor                                                             
Relations Act (Wagner Act).  It made a blanket national policy that                                                             
workers should be required to pay union dues as a condition of                                                                  
employment in a union shop.  That was very unpopular.  It caused a                                                              
tremendous backlash which is one of the things that lead to the                                                                 
brief  Republican take-over of Congress under President Truman.                                                                 
Instead of just repealing it like they should have, they simply                                                                 
said this is so unpopular we are going to make an exception.  If a                                                              
state legislature will jump through the hoop of passing a state                                                                 
right to work law, they would allow them to be shielded against                                                                 
that federal policy.  Unless the legislature is able to overcome                                                                
the $14 billion empire of organized labor and pass a law like this,                                                             
it's the federal law.  This is the only area in the private sector                                                              
a state legislature will be able to do much about union or labor                                                                
policy.  Everything else would be superseded by federal law.                                                                    
                                                                                                                                
The other solution to this problem of the burden of representation                                                              
used by organized labor officials to justify compulsory payment of                                                              
these dues is to either let the workers decide whether or not to                                                                
pay themselves or remove from organized labor any compulsion to                                                                 
represent them.  Either one of them would be fair solutions, but of                                                             
course they are opposed to any restrictions on their power and                                                                  
authority.  They demanded the right to be the only exclusive                                                                    
representative of the workers to their employers and they turn                                                                  
around and use that privilege and one wrong plus another wrong to                                                               
make another wrong doesn't give them the right to force people to                                                               
pay for representation that they demanded in the first place.                                                                   
                                                                                                                                
CHAIRMAN MACKIE pointed out that there was an opposing view and                                                                 
that would be presented at the next meeting.                                                                                    
                                                                                                                                
Number 1908                                                                                                                     
                                                                                                                                
SENATOR HOFFMAN asked if in the statistics in the right to work                                                                 
states with agricultural jobs, it shows that Nevada has a markedly                                                              
larger percentage increase than other states (72%) and he asked why                                                             
that is.                                                                                                                        
                                                                                                                                
MR. GOODRICK answered that Nevada is a right to work state and he                                                               
didn't know if they could attribute the entire jump to passage of                                                               
that law.                                                                                                                       
                                                                                                                                
SENATOR LEMAN asked again what states are right to work states.                                                                 
                                                                                                                                
MR. GOODRICK replied mostly the south and the west.                                                                             
                                                                                                                                
CHAIRMAN MACKIE said the west is California, Oregon...                                                                          
                                                                                                                                
MR. GOODRICK said he thought the west was everything west of the                                                                
Mississippi - Idaho, Nevada, Utah, Arizona, Wyoming, North and                                                                  
South Dakota, Nebraska, Texas, Kansas.                                                                                          
                                                                                                                                
CHAIRMAN MACKIE noted that those were all way south and way Midwest                                                             
and east of us.                                                                                                                 
                                                                                                                                
SENATOR KELLY asked what was the last state to go right to work.                                                                
                                                                                                                                
MR. GOODRICK answered in 1982 Idaho enacted their right to work law                                                             
by a three quarters majority over the governor's veto.  In 1986                                                                 
organized labor challenged that law through a referendum; even                                                                  
though his organization started out 25 points ahead in the poll at                                                              
the beginning, they won narrowly with 53% after organized labor                                                                 
spent an estimated $6 per registered voter on that referendum.                                                                  
                                                                                                                                
SENATOR KELLY asked when was the last big state wide fight over                                                                 
this issue throughout the nation.                                                                                               
                                                                                                                                
MR. GOODRICK said they have lost a lot of fights since then.  It is                                                             
very close to passage in New Hampshire, Oklahoma, Colorado,                                                                     
Montana, and New Mexico.                                                                                                        
                                                                                                                                
SENATOR KELLY asked if he was talking about within the legislature                                                              
or in the public arena through an initiative or referendum.                                                                     
                                                                                                                                
MR. GOODRICK said he was strictly speaking of the  legislative                                                                  
process.  There hadn't been a referendum since 1986 which is the                                                                
one they won in Idaho.  There are other labor related proposals                                                                 
that look and smell like right to work, but are not, that have been                                                             
on the ballot, such as the California initiative to restrict the                                                                
use of forced dues for politics.                                                                                                
                                                                                                                                
SENATOR KELLY asked if that passed.                                                                                             
                                                                                                                                
MR. GOODRICK said that did not.  It was a flawed proposal in the                                                                
first place.                                                                                                                    
                                                                                                                                
Number 2022                                                                                                                     
                                                                                                                                
SENATOR LEMAN said it was hard to argue against someone having the                                                              
right to work without being forced t join anything.  Yet he gets                                                                
messages saying this is more than what it purports to be - a hidden                                                             
agenda.                                                                                                                         
                                                                                                                                
MR. GOODRICK said that's how it comes off in every state.  The lies                                                             
range from the outrageous to the absurd.  There was a rumor that                                                                
they started "clan" activity in Idaho.                                                                                          
                                                                                                                                
SENATOR LEMAN said he was going to ask the same question of the                                                                 
people on the other side of the issue.                                                                                          
                                                                                                                                
SENATOR HOFFMAN asked what other states were considering this                                                                   
legislation actively today.                                                                                                     
                                                                                                                                
MR. GOODRICK answered depending on various levels of active (he                                                                 
would say the Alaska legislature is not actively considering it),                                                               
states like Colorado, New Mexico, New Hampshire, and Montana.                                                                   
                                                                                                                                
CHAIRMAN MACKIE asked if the issue was being placed before the                                                                  
voters in those states.                                                                                                         
                                                                                                                                
MR. GOODRICK responded that it was in the legislature.  On the east                                                             
coast in a lot of states there is no referendum or initiative                                                                   
process.                                                                                                                        
                                                                                                                                
CHAIRMAN MACKIE thanked Mr. Goodrick for his testimony and said                                                                 
they would hear the other side of the issue on Tuesday.                                                                         
        SB 276-REQUIRE HEALTH INS COVERAGE FOR DIABETES                                                                         
                                                                                                                                
CHAIRMAN MACKIE announced SB 276 to be up for consideration.                                                                    
                                                                                                                                
SENATOR MIKE MILLER, sponsor of SB 276, stated that he was asked by                                                             
members of the American Diabetes Association (ADA), in his role as                                                              
Chairman of the Senate HESS Committee, to introduce SB 276.  The                                                                
bill requires health care insurers to provide coverage for                                                                      
treatment of diabetes.  He noted it is rare for a Republican                                                                    
legislator to offer legislation that requires insurers to provide                                                               
coverage, but he believes the lack of coverage for diabetes                                                                     
treatment affects over 30,000 Alaskans and that people with                                                                     
diabetes must take many actions to control their disease.  He                                                                   
admitted that he was taken aback to learn that diabetes treatment                                                               
coverage is not required.  He noted his sponsor statement was in                                                                
members' packets and that he and others were available to answer                                                                
questions.                                                                                                                      
                                                                                                                                
SENATOR LEMAN commented that the issue of mandatory coverage versus                                                             
mandatory offering may not be as obvious on this issue as it has                                                                
been on others, but he believes people should be allowed the                                                                    
flexibility to choose their own health plans and the amount of                                                                  
coverage they want. He asked Senator Miller why he chose the                                                                    
approach of mandatory coverage.                                                                                                 
                                                                                                                                
SENATOR MILLER replied that the legislature has mandated coverage                                                               
for other things, some which he did not agree with, but he feels                                                                
the legislature should go in that direction on coverage for                                                                     
diabetes.  He personally feels that mandatory coverage is the right                                                             
thing to do in this case.                                                                                                       
                                                                                                                                
SENATOR LEMAN asked if early detection and education will result in                                                             
decreased expenditures and save lives.                                                                                          
                                                                                                                                
TAPE 00-07, SIDE B                                                                                                              
Number 2300                                                                                                                     
                                                                                                                                
SENATOR MILLER indicated that an ADA study shows an annual savings                                                              
of $917 per person with diabetes when they have insurance coverage.                                                             
He asked that further questions on the ADA study be directed to                                                                 
representatives from the ADA members.  He said, as with all                                                                     
diseases, an early diagnosis and treatment can save more money                                                                  
later on.                                                                                                                       
                                                                                                                                
SENATOR LEMAN remarked that he saw a proposal yesterday for an                                                                  
upper cap on outpatient education costs and that he was told that                                                               
education could take as many as six hours per year.  He said he can                                                             
understand why insurance companies might want to make sure that the                                                             
outpatient education coverage is limited.  He asked Senator Miller                                                              
whether he believes that a time or dollar limit on outpatient                                                                   
education is a reasonable approach.                                                                                             
                                                                                                                                
SENATOR MILLER said he hopes the health care providers would be                                                                 
self-limiting and that he does not favor a cap because each                                                                     
individual is different; one may need 15 hours of education while                                                               
another may need 30 hours.                                                                                                      
                                                                                                                                
SENATOR LEMAN asked whether it would be reasonable for the insurers                                                             
to require a person who exceeds the 90th percentile amount for                                                                  
education to provide documentation as to why the additional                                                                     
education is necessary.                                                                                                         
                                                                                                                                
SENATOR MILLER replied, that on the face, that request sounds                                                                   
reasonable because it would only apply to the top ten percent and                                                               
because requiring documentation is different than requiring a cap.                                                              
He asked that those questions be addressed to the medical                                                                       
professionals who work with diabetics on a daily basis because they                                                             
are better able to provide answers.                                                                                             
                                                                                                                                
SENATOR LEMAN noted that these issues are important to work through                                                             
and that others who want to testify may want to give them some                                                                  
thought.                                                                                                                        
                                                                                                                                
CHAIRMAN MACKIE asked participants who wish to testify to limit                                                                 
their testimony to a few minutes so that everyone can be heard.                                                                 
                                                                                                                                
Number 2167                                                                                                                     
                                                                                                                                
CHAIRMAN MACKIE declared, for the record, that he supports this                                                                 
legislation but that he has a conflict of interest because his                                                                  
father is diabetic.                                                                                                             
                                                                                                                                
MS. BETSY TURNER BOGREN, the Fairbanks District Manager for the                                                                 
ADA, urged committee members to support SB 276 for the following                                                                
reasons.  SB 276 will ensure that Alaskans have access to the                                                                   
medicines, supplies, and patient education that is necessary to                                                                 
properly manage diabetes by requiring reimbursement from insurance                                                              
companies for these expenses.  Regarding the concern expressed                                                                  
about the effect of a mandate, she is confident, after listening to                                                             
testimony and reviewing the material and data provided to committee                                                             
members, that legislators will be persuaded and conclude that                                                                   
diabetes management is different from other diseases and that this                                                              
type of insurance does require a special look.                                                                                  
                                                                                                                                
MS. BOGREN said diabetes is a very serious disease that affects                                                                 
over 30,000 Alaskans.  It is the leading cause of kidney disease,                                                               
blindness, nerve damage, and lower limb amputations.  It is a major                                                             
risk in heart disease and stroke.  The management of diabetes is                                                                
substantially different from that of other diseases.  Proper                                                                    
management is done by the patients themselves.  Patients,                                                                       
therefore, must have access to supplies and medicines, but more                                                                 
importantly, to good patient education when they are going through                                                              
a steeper learning curve.                                                                                                       
                                                                                                                                
MS. BOGREN addressed three concerns that have been expressed about                                                              
SB 276.  The first relates to why the state should mandate private                                                              
industry to provide coverage.  She believes the answer to that                                                                  
concern is that the insurance industry does not behave like other                                                               
industries.  The patient is not the consumer.  In most cases, when                                                              
a patient has diabetes insurance coverage, that coverage is                                                                     
purchased by the employer.  A patient does not have direct buying                                                               
power when purchasing insurance.  Also, not every employer is able                                                              
or interested in learning what the needs of employees with diabetes                                                             
are.                                                                                                                            
                                                                                                                                
Diabetes mandates have been passed in 37 states, by both Democratic                                                             
and Republican legislatures, and signed by Democratic and                                                                       
Republican governors.  No effort to repeal the law has been made in                                                             
any state, suggesting that in all cases, the law has had the                                                                    
anticipated effect.  The State of Wisconsin determined that                                                                     
premiums did increase by about one-tenth of one percent as the                                                                  
result of passing similar legislation.                                                                                          
                                                                                                                                
Another concern is that mandated coverage would raise costs and be                                                              
a special burden to the small business owner in Alaska and                                                                      
therefore cause a disenrollment from insurance.  Studies in other                                                               
larger states have concluded that  there has been no evidence that                                                              
would result.                                                                                                                   
                                                                                                                                
MS. BOGREN noted committee members' packets contain copies of                                                                   
studies showing the cost savings associated with preventive                                                                     
medicine.  In a study done in Maine, diabetes control resulted in                                                               
32 percent fewer hospitalizations and shorter hospital stays.  In                                                               
Maryland, hospitalizations and stays declined 50 percent after                                                                  
coverage was mandated.  She correlated that when patients are able                                                              
to make the daily decisions, they can respond to the ups and downs                                                              
of diabetes control.  They do not have to wait until they are in                                                                
crisis to see a doctor and they do not visit doctors as often.                                                                  
Acute care is expensive and can be minimized.  A Maryland study                                                                 
suggests that about $917 per patient per year will be saved if                                                                  
patients are able to manage their disease.  She asked committee                                                                 
members to consider that if the private sector decides not to cover                                                             
these costs, it may not see the benefits of long term savings from                                                              
long term health care.  When people with Type 2 diabetes, which                                                                 
accounts for about 95 percent of the patients, have health                                                                      
complications, they are generally in their 60's, so they qualify                                                                
for Medicare and Medicaid.  If the private sector will not provide                                                              
coverage, the patient pays the price in the human toll, and the                                                                 
state pays the price in the form of Medicaid or Medicare.                                                                       
                                                                                                                                
MS. BOGREN said the ADA is strongly opposed to capping the amount                                                               
allowed for diabetes education.  First, education is the foundation                                                             
of this bill.  Patients can receive unlimited supplies and                                                                      
medicine, but it will be useless unless they know how to use it.                                                                
Second, the American Diabetes Association is not aware of any other                                                             
legislation that caps the amount of outpatient health care that can                                                             
be provided.  She suggested that the insurance companies share                                                                  
statistics with legislators showing that there is widespread                                                                    
overuse of outpatient education services, if that is what they are                                                              
saying.  The ADA is not aware of any demonstrated overuse of the                                                                
patient education system.                                                                                                       
                                                                                                                                
Finally, the amount of $250 has been suggested for patient                                                                      
education.  That amount is minimal, especially in light of the fact                                                             
that the national standards for diabetes education recommend 12                                                                 
hours of outpatient care.  When her son was diagnosed with                                                                      
diabetes, it took her family about 20 hours per week for two months                                                             
to learn what carbohydrate management was about.  Her family needed                                                             
support from occupational educators, and the people she sees in                                                                 
support groups need more than that.  If the legislature is                                                                      
considering setting a cap, she hopes the cap will be no lower than                                                              
the amount established by the state as the minimum standard of                                                                  
care.  The ADA set a minimum standard at 16 hours.                                                                              
                                                                                                                                
Number 1741                                                                                                                     
                                                                                                                                
MAX BOGREN, the 11-year old son of Ms. Turner Bogren, read the                                                                  
following testimony.                                                                                                            
                                                                                                                                
     Mr. Chairman and committee members:                                                                                        
                                                                                                                                
     My name is Max Bogren and I am 12 years old and I have had                                                                 
     diabetes five and one-half years.  I have to work hard to keep                                                             
     my blood sugar in control and manage my diabetes.  Every day                                                               
     I test my blood sugar at least five times and I give myself                                                                
     three shots of insulin.  I can't vary the amount of food I eat                                                             
     from day to day and I have to eat at the same time every day.                                                              
     Exercise has to be a big part of my life.  Luckily for me, I                                                               
     was already an active kid so it's easy to just keep [indisc.]                                                              
     with exercise.                                                                                                             
                                                                                                                                
MAX then gave a demonstration of how he tests his blood sugar and                                                               
injects himself with insulin.                                                                                                   
                                                                                                                                
MAX continued with his testimony as follows.                                                                                    
                                                                                                                                
     On sick days, everything gets more complicated.  My blood                                                                  
     sugar is high and I need to test my urine for keytones.  A                                                                 
     couple of days ago, I saw my doctor and she thought I might                                                                
     want to use an insulin pump.  That will take a lot of new                                                                  
     learning.  My entire life will change around and it will                                                                   
     probably improve my blood sugar.  Without all of this, I'd                                                                 
     probably spend a lot of time in the hospital. With this                                                                    
     expensive equipment, I'm probably going to need good insurance                                                             
     for the rest of my life.  Please support SB 276.  Thank you.                                                               
                                                                                                                                
CHAIRMAN MACKIE thanked Ms. Turner Bogren and Max for their                                                                     
testimony.  He then took teleconference testimony.                                                                              
                                                                                                                                
MS. MICHELLE CASSANO, Executive Director of the American Diabetes                                                               
Association, thanked the Chairman for scheduling this vital bill.                                                               
She commented that the cost of diabetes education varies with each                                                              
patient.  The American Diabetes Association feels there is no need                                                              
for a cap on the annual education costs as there is no evidence                                                                 
that any abuse has been reported in that area.  She pointed out                                                                 
that what Max Bogren demonstrated to the committee, is something                                                                
that he must do many times per day.  Diabetes has no cure - it is                                                               
a lifelong disease and nobody gets a day off.  She offered to                                                                   
answer questions.                                                                                                               
                                                                                                                                
MS. JANEL WRIGHT told the committee she has had diabetes for 25                                                                 
years.  She asked each member to support SB 276.  This bill will                                                                
ensure that Alaskans have access to the medication, equipment,                                                                  
supplies and education necessary to treat and control diabetes.                                                                 
When people with diabetes have access to those things, they are                                                                 
able to self-manage their disease.  Then, the complication of                                                                   
diabetes can be minimized and consequently health care costs for                                                                
those people are greatly reduced.                                                                                               
                                                                                                                                
MS. WRIGHT illustrated the importance of access to effective                                                                    
treatment for diabetes with her own story.  Many years ago, she                                                                 
entered college, eager to get her education and make something of                                                               
herself.  Several weeks after school started and after several                                                                  
trips to the emergency room, the health clinic doctor contacted her                                                             
parents and recommended that she go home because her diabetes was                                                               
not under control.  She begged her parents to let her stay while                                                                
she worked with her biology professor to control her diabetes.  At                                                              
that time, diabetes education was not available.  She had a                                                                     
headache throughout her college years and did not know why.  She                                                                
graduated from college and went on to law school.  The headaches                                                                
and her vision got worse.  Law school was stressful and she still                                                               
did not know how to control her diabetes.  The insurance plan she                                                               
had did not cover the cost of syringes, a blood test machine, test                                                              
strips, or education.  It covered only the cost of insulin.  Being                                                              
a poor student, she scraped together funds to buy syringes.  In                                                                 
1988 she moved to Alaska.  At that time, she obtained insurance                                                                 
that covered the cost of controlling her diabetes.  She was able to                                                             
get the supplies and medicine she needed.                                                                                       
                                                                                                                                
MS. WRIGHT explained to committee members that a test, named                                                                    
Hemoglobin A1C, shows a person's blood sugar levels for the                                                                     
previous three months.  Right before she was able to get her blood                                                              
test machine and other supplies, her hemoglobin A1C was 8.5, which                                                              
means her blood sugars were about 250 or higher.  Ideally, her                                                                  
blood sugars should be between 90 and 120.  The doctor explained                                                                
that is why she could not see and needed glasses.  Studies show                                                                 
that when blood sugars are as high as hers were, the costly                                                                     
complications of diabetes, such as impaired vision and blindness,                                                               
kidney disease, nerve damage, amputations, heart disease and stroke                                                             
are much more likely to occur.  She has been using a pump for                                                                   
twelve years and has had access to supplies and education for 12                                                                
years.  The results of her latest Hemoglobin test was 5.4.  This                                                                
means that her blood sugar average over the past three months was                                                               
94.  She attributes that level to the insurance coverage she has                                                                
that allows access to those supplies necessary to control her                                                                   
diabetes.  She no longer has to wear glasses.                                                                                   
                                                                                                                                
As a staff attorney for the Disability Law Center of Alaska, she                                                                
advocates and protects the rights of Alaskans with disabilities.                                                                
Many individuals with diabetes come to her office seeking                                                                       
assistance in obtaining social security.  Due to uncontrolled                                                                   
diabetes, these individuals are unable to work.  Many worked at one                                                             
time but had no health insurance or had insurance that did not                                                                  
cover diabetes treatment.  She believes if her insurance company                                                                
did not cover the cost of diabetes treatment, she would be unable                                                               
to work and would be seeking social security benefits herself.                                                                  
                                                                                                                                
MS. WRIGHT said that 37 states have passed legislation similar to                                                               
SB 276.  Wisconsin was the first state to enact diabetes insurance                                                              
coverage and did so in 1987.  Studies in Wisconsin have shown there                                                             
was no rise in insurance premiums after the law was passed.  New                                                                
Mexico passed its legislation in 1997, and Maine in 1996.  Each of                                                              
those states has reported no expected premium increases.  She urged                                                             
legislators to help Alaskans with diabetes to lead healthier and                                                                
more productive lives by supporting SB 276.                                                                                     
                                                                                                                                
Number 1196                                                                                                                     
                                                                                                                                
SENATOR LEMAN asked Ms. Wright how much it costs per year to manage                                                             
her diabetes.                                                                                                                   
                                                                                                                                
MS. WRIGHT estimated that last year her expenses were close to                                                                  
$5,000 but that she also got a new pump which cost $5,595.  She                                                                 
does not need a new pump every year.  The national average is                                                                   
$3,500 and a lot of people cannot afford that amount.                                                                           
                                                                                                                                
MS. BOGREN told Senator Leman that Max's expenses vary each year,                                                               
but they are running about $3,000 right now.  She noted that                                                                    
syringes are not as expensive as the pumps, but that the test                                                                   
strips cost about 75 cents a piece and he uses five per day.                                                                    
                                                                                                                                
SENATOR LEMAN asked how people will pay the $600 per month for a                                                                
health insurance premium if they cannot afford $3,000 per year for                                                              
supplies and medicine.                                                                                                          
                                                                                                                                
MS. WRIGHT said that her employer pays for her health insurance.                                                                
                                                                                                                                
MS. BOGREN said that is a great answer to the question Senator                                                                  
Leman asked earlier about the difference between offerings and                                                                  
mandated coverage.  She noted in the states who have a mandated                                                                 
offering, all of the costs are reduced to the pool of people who                                                                
have diabetes.  For that pool, folks save by paying out-of-pocket                                                               
rather than paying the high premiums.  That is why the American                                                                 
Diabetes Association is advocating for mandated coverage rather                                                                 
than a mandated offering.                                                                                                       
                                                                                                                                
CHAIRMAN MACKIE mentioned that Max has insurance coverage through                                                               
his father's employer, but that part of Ms. Turner Bogren's mission                                                             
is to look out for the people who do not have coverage.                                                                         
                                                                                                                                
MS. BOGREN said that part of her mission is to watch out for                                                                    
children like Max who, when they are no longer covered by their                                                                 
families, will be looking for good health insurance.  Her son does                                                              
not want to have to move to another state that has mandated                                                                     
coverage when he turns 23 or 24.  She pointed out that her husband                                                              
asks to review his employer's coverage plans when they are up for                                                               
renegotiation which occurs about every five years.                                                                              
                                                                                                                                
Number 995                                                                                                                      
                                                                                                                                
MR. HOWARD HEDGES, a resident of Homer, recounted his experience                                                                
with the diagnosis and management of his diabetes.  He was                                                                      
diagnosed as diabetic in 1991.  Without knowing the symptoms, he                                                                
went through the previous ten years with diabetes without being                                                                 
diagnosed.  When he finally got to a doctor, his blood sugar was                                                                
totally out of control.  He was able to work with a COBRA plan for                                                              
six months, but once that expired, he could not afford insurance                                                                
coverage as a self employed person.  While covered, he got a test                                                               
machine, syringes,  test strips, and insulin.  After he lost the                                                                
coverage, he tried to control his diabetes for two years with diet,                                                             
by cutting test strips in half and by getting outdated bottles of                                                               
insulin from friends.  In 1993, the progression continued and he                                                                
had a heart attack.  Two weeks later he had a stroke that paralyzed                                                             
his left side.  His blood sugars were over 900 at the time of the                                                               
stroke.  With no health insurance, he went to Providence for five                                                               
weeks of rehabilitation at a cost of $160,000.  He and his health                                                               
care providers are convinced that had he been able to continue to                                                               
tighten down on his blood sugars, he could have avoided the stroke.                                                             
Now, at the age of 44, he is on Medicaid, Medicare and Social                                                                   
Security.  He feels fortunate to have that coverage and reminded                                                                
committee members that many people do not have the desire to have                                                               
a stroke so that they can have insurance coverage.  He asked                                                                    
committee members to support SB 276 so that the advances in                                                                     
diabetes treatment can be taught to people.                                                                                     
                                                                                                                                
SENATOR HOFFMAN told Mr. Hedges that he was researching diabetes on                                                             
the Internet and learned that only one out of three people know                                                                 
they have diabetes.  He asked Mr. Hedges if he thought that number                                                              
sounded accurate.                                                                                                               
                                                                                                                                
MR. HEDGES said it does.  He noted he had all of the symptoms but                                                               
thought he was not feeling right because he was working hard and                                                                
"burning the midnight oil."                                                                                                     
                                                                                                                                
MS. DAISY LEE BITTER, a resident of Homer, related her personal                                                                 
experience.  For 25 years, she was a teacher and principal in the                                                               
Anchorage School District.  She has lived with diabetes for 53                                                                  
years and had insulin not been discovered, she would have died over                                                             
50 years ago.  Alaska is only one of 13 states without diabetes                                                                 
coverage legislation.  She does not like to use the word                                                                        
"mandatory" because she sees the legislation as a cost saving                                                                   
measure, as studies in other states have shown.  She knows that                                                                 
some insurance companies are smart enough to know that if they                                                                  
cover supplies and medicines, they are unlikely to have to pay the                                                              
high cost of emergencies, hospitalizations, and the many                                                                        
complications associated with diabetes.                                                                                         
                                                                                                                                
Number 658                                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE noted his intention to move this bill today.                                                                    
                                                                                                                                
GORDON EVANS, Health Insurance Association of America (HIAA),                                                                   
stated the HIAA has opposed mandatory insurance because it does and                                                             
will raise costs.  Cost increases are affected by a series of                                                                   
mandates.  Alaska has seven mandates for coverage and two mandated                                                              
offerings at this time, while Wisconsin has over 40.  HIAA will                                                                 
support the bill if it is amended to include a cap on patient                                                                   
education.  HIAA came up with the cap amount of $250 because three                                                              
states have caps: one at $100, one at $250, and one at $500.  He                                                                
pointed out the cap only applies to outpatient management education                                                             
and training, and not to the cost of supplies and medicine.  He                                                                 
asked how many of the estimated 36,000 Alaskans with diabetes will                                                              
be affected by passage of SB 276, since many of those people may                                                                
already be covered.  He repeated that HIAA is opposed to government                                                             
mandates but HIAA will support SB 276 if it is amended.                                                                         
                                                                                                                                
SENATOR HOFFMAN asked when HIAA last recommended that it provide                                                                
coverage.                                                                                                                       
                                                                                                                                
MR. EVANS replied in the 15 years that he has represented HIAA in                                                               
Alaska, he has been pro-active on one major piece of legislation                                                                
that passed: small employer health insurance coverage for 2 to 50                                                               
employees.  He has worked with the acupuncturists to get a mandated                                                             
offering, and he has worked with the chiropractors, and on the                                                                  
dental/vision/auditory portion of state insurance.  In general, the                                                             
health insurance industry supports bills when they do not mandate                                                               
coverage, and that he has appeared before the legislature when such                                                             
bills were being considered.                                                                                                    
                                                                                                                                
TAPE 00-08, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN MACKIE said he has also opposed mandates that go up                                                                    
against people like Max.  He personally is willing to pay more on                                                               
his insurance premium if it means that other folks would have the                                                               
opportunity for coverage.                                                                                                       
                                                                                                                                
MR. EVANS added that the mammogram bill that passed in recent                                                                   
years, the prostate cancer screening bill, the 48-hour birth                                                                    
control - all have passed in the last five years.  He had testified                                                             
that the only opposition they had to the bills was because it was                                                               
mandated; then they backed off and supported them.  When major                                                                  
problems (diabetes is probably one of those) come up, it's good                                                                 
that they are insured so that everyone shares the cost of it, not                                                               
just those who have to bear the expense.                                                                                        
                                                                                                                                
CHAIRMAN MACKIE noted that Ms. Bogren said the insurance premiums                                                               
would go up around a tenth of a percent and asked if the industry                                                               
had analyzed what it would do to Alaskans.                                                                                      
                                                                                                                                
MR. EVANS replied no they had not.  Anytime a coverage is mandated,                                                             
the insurers figure that into their underwriting.  They don't use                                                               
the same figures.  He didn't think there was any study that would                                                               
show how much a premium increases because of it.                                                                                
                                                                                                                                
CHAIRMAN MACKIE asked the committee to review the amendment from                                                                
Mr. Evans in their packets.  It's on page 1, line 14, after                                                                     
diabetes insert, "and the insurer shall pay up to $250 for such                                                                 
covered out patient expenses per person per year."                                                                              
                                                                                                                                
MR. EVANS said if there is a cap, that is only applied to the                                                                   
education and/or training and not to the coverage of the materials                                                              
which are the most expensive.                                                                                                   
                                                                                                                                
Number 250                                                                                                                      
                                                                                                                                
SENATOR KELLY said he was nervous about the breadth of the language                                                             
in this bill, because every time they add or mandate additional                                                                 
coverages, premiums do go up.  It's inevitable.  He is nervous                                                                  
about their being no caps at all and about the concept of                                                                       
"nutrition therapy."  He didn't really know what that meant.                                                                    
                                                                                                                                
SENATOR MILLER responded that those were valid concerns, but he had                                                             
a lot of confidence in the health providers in the state and                                                                    
believed they would not overcharge on these issues.  A couple might                                                             
push the envelope, but unfortunately that happens in any                                                                        
profession.  He thought the $250 was entirely too low.  He had                                                                  
heard testimony of roughly around 15 hours at $100 per hour which                                                               
is $1,500.  This is an average and he is uncomfortable trying to                                                                
stick everyone into the same box.                                                                                               
                                                                                                                                
SENATOR KELLY said he agreed that the $250 was too low, but he                                                                  
thought they should study the issue.  Every week you read about                                                                 
some provider who is pulling some shenanigans like Medicaid.  He                                                                
thought they had some responsibility to define what is unnecessary                                                              
medication and not put them in the position of billing and billing                                                              
and billing.                                                                                                                    
                                                                                                                                
SENATOR LEMAN concurred with what Senators Kelly and Miller are                                                                 
saying.  They ought to be concerned about costs and one of the                                                                  
things he's concerned about is why does an insulin pump have to                                                                 
cost $5,600?  Why does a wheel chair have to cost $20,000?  These                                                               
are questions we ought to be asking.  Consumers ought to be asking                                                              
that rather than saying that's the price; someone should pay for                                                                
it.  There ought to be cost and utilization review.                                                                             
                                                                                                                                
CHAIRMAN MACKIE called an at ease for one minute.                                                                               
                                                                                                                                
CHAIRMAN MACKIE said there was some feelings about looking at the                                                               
number more and asked Mr. Evans to continue to work with the                                                                    
sponsor as the bill moves through the legislature.                                                                              
                                                                                                                                
MR. EVANS said that the language about what constitutes education                                                               
and training needs to be clarified.                                                                                             
                                                                                                                                
CHAIRMAN MACKIE said that the members concurred and they would try                                                              
to work and tighten it up without defeating the purpose.  He asked                                                              
if there was anyone with objections to the bill.                                                                                
                                                                                                                                
SENATOR LEMAN moved to pass SB 276 from committee with individual                                                               
recommendations.  There were no objections and it was so ordered.                                                               
                                                                                                                                
CHAIRMAN MACKIE adjourned the meeting at 3:35 p.m.                                                                              

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