02/07/2006 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB260 | |
| SB244 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 244 | TELECONFERENCED | |
| *+ | SB 260 | TELECONFERENCED | |
| += | SB 136 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 7, 2006
1:32 p.m.
MEMBERS PRESENT
Senator Con Bunde, Chair
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Johnny Ellis
Senator Bettye Davis
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 136
"An Act relating to the calculation and payment of unemployment
compensation benefits; and providing for an effective date."
MOVED CSSSSB 136(L&C) OUT OF COMMITTEE
SENATE BILL NO. 260
"An Act extending the date by which the Task Force on Workers'
Compensation shall report its findings and the termination date
of that task force; and providing for an effective date."
MOVED SB 260 OUT OF COMMITTEE
SENATE BILL NO. 244
"An Act prohibiting unfair discrimination against an
acupuncturist; amending the definition of 'provider' as it
relates to authorized collective negotiations by physicians
affecting the rights of providers under health benefit plans;
and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 136
SHORT TITLE: UNEMPLOYMENT COMPENSATION BENEFITS
SPONSOR(s): SENATOR(s) ELLIS
03/08/05 (S) READ THE FIRST TIME - REFERRALS
03/08/05 (S) L&C, FIN
05/01/05 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
05/01/05 (S) L&C, FIN
01/19/06 (S) L&C AT 1:45 PM BELTZ 211
01/19/06 (S) Heard & Held
01/19/06 (S) MINUTE(L&C)
02/07/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 260
SHORT TITLE: EXTEND TASK FORCE ON WORKERS' COMP
SPONSOR(s): SENATOR(s) SEEKINS
02/01/06 (S) READ THE FIRST TIME - REFERRALS
02/01/06 (S) L&C
02/07/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 244
SHORT TITLE: NO DISCRIMINATION AGAINST ACUPUNCTURIST
SPONSOR(s): SENATOR(s) WAGONER
01/19/06 (S) READ THE FIRST TIME - REFERRALS
01/19/06 (S) L&C, HES
02/07/06 (S) L&C AT 1:30 PM BELTZ 211
WITNESS REGISTER
TOM NELSON, Director
Division of Employment Security
Department of Labor & Workforce
Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Supported SB 136.
COMMISSIONER GREG O'CLARAY
Department of Labor & Workforce
Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Supported SB 136.
SENATOR THOMAS WAGONER
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 244.
SUZANNE COHEN, Licensed Acupuncturist
th
725 5 Street
Juneau AK 99801
POSITION STATEMENT: Supported SB 244.
LEAH PAGENKOPF, LPT
Juneau AK 99801
POSITION STATEMENT: Supported SB 244.
VALERIE DELAUNE, licensed acupuncturist
Juneau AK 99801
POSITION STATEMENT: Supported SB 244.
RANDE LUCAS, President
Acupuncture and Oriental Medicine Association of Anchorage
Anchorage AK
POSITION STATEMENT: Supported SB 244.
COURTNEY BEDDOW
Alaska Center of Natural Medicine
Kenai AK
POSITION STATEMENT: Supported SB 244.
ACTION NARRATIVE
CHAIR CON BUNDE called the Senate Labor and Commerce Standing
Committee meeting to order at 1:32:15 PM. Present were Senators
Bettye Davis, Ralph Seekins, Johnny Ellis, Ben Stevens and Chair
Con Bunde.
1:34:01 PM
SSSB 136-UNEMPLOYMENT COMPENSATION BENEFITS
CHAIR CON BUNDE announced SSSB 136 to be up for consideration.
SENATOR JOHNNY ELLIS moved to adopt CSSSSB 136(L&C), version F,
as the working document. There were no objections and it was so
ordered.
CHAIR BUNDE said the only change is an addition of verbiage
"actively seeking work", which he thought would address what he
perceived as "the rocking chair problem." It might make some
people become a little more proactive in seeking work.
TOM NELSON, Director, Division of Employment Security,
Department of Labor and Workforce Development (DOLWD), explained
that SB 136 allows the department to better register and connect
job seekers promptly with the labor market. The Job Center
Network would help workers who might have barriers to employment
to get quickly reemployed.
CHAIR BUNDE asked him to give a background on the
computerization of the job search.
MR. NELSON replied that currently the division uses worker
profiling and reemployment services. This helps them identify
through a series of indicators - such as employment history and
unemployment claims over time - those persons most likely to
exhaust their benefits before they are able to get reemployed
again. The change in SB 136 would allow the division to lower
the bar and reconnect more workers to the labor market and allow
employers to connect with those workers.
1:37:01 PM
CHAIR BUNDE asked if this prevents people who aren't serious
about getting a job from pestering someone to just sign their
card saying they actually looked for a job.
MR. NELSON replied that is correct. The old work search concept
really doesn't work well for employers, because it just required
an employer to check a card indicating someone had looked for a
job. It didn't indicate how serious about employment they were.
Now people will be connected via the proposed electronic labor
exchange system, which will be better able to register and refer
people to work.
1:38:33 PM
CHAIR BUNDE asked if a person is dispatched via computer to
apply for a job and he refuses to comply, are his benefits cut
off.
MR. NELSON replied yes; however, the appeals process for special
circumstances still apply.
1:39:26 PM
COMMISSIONER GREG O'CLARAY, Department of Labor and Workforce
Development (DOLWD), said the amendment in the CS is important.
The department is not trying to put people into jobs they are
not qualified for, but it is concerned about connecting
unemployed workers with job opportunities. Currently, their 24
job centers have 3,200 job orders in the state.
CHAIR BUNDE asked how many people are on unemployment insurance
(UI) right now?
COMMISSIONER O'CLARAY replied about 27,000 people statewide.
CHAIR BUNDE asked if the CS affects union dispatch.
COMMISSIONER O'CLARAY replied no; the unions do a much better
job of actually getting their people lined up for employment
than other organizations and they have had the exemption from
the law for many years. The exemption actually takes the
workload off the job centers.
CHAIR BUNDE noted no new fiscal note for this change.
1:43:06 PM
SENATOR JOHNNY ELLIS moved to pass CS SSSB 136(L&C) from
committee with individual recommendations and accompanying
fiscal note. Senators Ben Stevens, Bettye Davis, Johnny Ellis,
Ralph Seekins and Chair Bunde voted yea and CS SSSB 136(L&C)
moved from committee.
1:44:13 PM
SB 260-EXTEND TASK FORCE ON WORKERS' COMP
CHAIR CON BUNDE announced SB 260 to be up for consideration.
SENATOR RALPH SEEKINS, sponsor, explained that SB 260 extends
the Task Force on Worker's Compensation for another year so that
it can finish its work.
SENATOR SEEKINS moved to pass SB 260 from committee with
individual recommendations and zero fiscal note. Senators Ben
Stevens, Bettye Davis, Ralph Seekins, Johnny Ellis and Chair Con
Bunde voted yea and SB 260 moved from committee.
1:46:31 PM
SB 244-NO DISCRIMINATION AGAINST ACUPUNCTURIST
CHAIR CON BUNDE announced SB 244 to be up for consideration.
SENATOR THOMAS WAGONER, sponsor, said that people are looking
for other ways to receive medical services and this adds
acupuncturists to the list of health care providers that cannot
be unfairly discriminated against by insurance companies that
offer group policies. Used in conjunction with conventional
western medicine, acupuncture has proven to provide significant
cost savings while improving patients' health. A 1993 Swedish
study showed an estimated $26,000 per patient was saved when
acupuncture was part of their treatment. A study was done on
patients scheduled for knee surgery that showed an estimated
$9,000 in savings per patient. The World Health Organization has
said that acupuncture treats over 43 different conditions and
helps avoid surgery. He related how other studies have proven
how effective acupuncture is and that in Miami Dade County, drug
offenders are given the choice of acupuncture or jail.
1:49:53 PM
SUZANNE COHEN, Licensed Acupuncturist, supported SB 244 and
described the education that a licensed acupuncturist goes
through saying, "It is not a series of weekend seminars; it's a
three to four-year masters degree program." About 60 schools in
the United States are accredited to educate people in oriental
medicine. After graduation, the National Certification
Commission for Acupuncture and Oriental Medicine does an exam
and monitors people who have become certified. It mandates
continuing education of 60 hours every four years at which time
there are licensing renewals. The State of Alaska, as well as
most other states, mandates having a national certification.
Other states have further requirements.
In 1995, the same bill came before the legislature and it
languished in committee. A lot has happened in those 10 years
such as the FDA used to categorize acupuncture needles as
experimental devices. Now they are regulated along with
scalpels, syringes, and other tools of the medical trade. The
National Institute for Health has endorsed acupuncture for over
13 health conditions from addiction to stroke rehabilitation and
osteoarthritis.
MS. COHEN said that now Alaska Blue Cross/Blue Shield has plans
that cover acupuncture and over 69 licensed acupuncturists live
in Alaska.
1:52:38 PM
She said the Federal Acupuncture Coverage Act (HB 818) currently
in Congress would cover federal employees and those receiving
Medicare. She added that this bill has a zero fiscal note while
it expands treatment options. It is safe and effective.
1:53:14 PM
CHAIR BUNDE asked about treatment for stroke.
MS. COHEN replied that administering acupuncture as soon as
possible after a stroke using scalp points is most effective. It
increases greater mobility and speech quicker and it stays that
way.
SENATOR BUNDE asked who would oppose the bill.
MS. COHEN replied that insurance companies might oppose it as
they did 10 years ago.
1:54:25 PM
SENATOR ELLIS mentioned that health problems associated with
nicotine use are a huge health cost driver for state and other
businesses. He asked if acupuncture works in smoking cessation.
MS. COHEN replied yes and related that it was used effectively
in a program in Oregon where they had a choice of getting
acupuncture or going to jail and at Gastineau Human Services in
Juneau. It was a very effective way for minimizing costs for
smoking cessation, alcoholism and crack addiction, especially
when used with other modalities of treatment. There is less
recidivism with people who are treated with acupuncture and
counseling.
CHAIR BUNDE asked what the success rate is for smoking cessation
with acupuncture.
MS. COHEN replied that while she didn't have statistics from
studies, that anecdotally it worked very well.
1:56:06 PM
LEAH PAGENKOPF, Juneau physical therapist, testified that she
was a huge proponent for acupuncture, because she is often
frustrated by what she can offer patients for pain relief and
control. When she recommends acupuncture to a patient, the first
question out of their mouth every time is, "Does insurance pay
for it?" She has to say no and that's usually the end of that
conversation. She is amazed at how effective it is for pain
control with no side effects, whereas narcotics are all habit-
forming and anti-inflammatories create stomach problems and high
blood pressure.
1:57:57 PM
VALERIE DELAUNE, Juneau acupuncturist, said acupuncture works
well in conjunction with other therapies. No one modality can do
everything and many insurance companies cover it now because
they figured out that it saves money. She, personally, has saved
insurance companies many thousands of dollars by preventing
someone that was slated to have surgery for perhaps a herniated
disc by getting them to a point where they were pain free and
didn't need surgery. Acupuncture is the number-one requested
service by patients wanting their insurance companies to cover.
She said that the Alaska Electrical Health and Welfare Fund
covers acupuncture at 90 percent per visit with no limit on the
number of visits - but only for pain. Blue Cross covers it in
its Dimensions Plan, Alaska Heritage Plus and several small
companies in Juneau have bought this plan as well as others. One
federal plan covers it and that is the Mail Handlers Plan, which
other employees can select. The Internal Revenue Service
recognizes that health care reimbursement accounts can be used
for acupuncture.
2:03:59 PM
RANDE LUCAS, President, Acupuncture and Oriental Medicine
Association of Anchorage, supported SB 244. She is a licensed
acupuncturist and has also been a Registered Nurse (RN),
specializing in cardiac care, for over 20 years. She supported
the testimony of Ms. Cohen and Ms. DeLaune. She related that she
has frequently worked with patients who have acute and chronic
conditions. Often their medical doctors have told them that
nothing else can be done. After her treatment, patients have
less pain and improved quality of life. She said this bill would
eliminate discrimination acupuncturists experience when
insurance companies state that acupuncture is covered only when
performed by an MD or not covered at all.
2:06:28 PM
COURTNEY BEDDOW, Owner, Alaska Center of Natural Medicine,
supported SB 244 for all the reasons stated by previous
speakers. She emphasized the Workers Compensation studies are
some of the most cited as far as reducing costs by allowing
employees to receive these benefits. Given some social issues
like over-dependency on narcotics, increased cost of health
care, it's important that SB 244 is passed so that the consumers
of medical services will actually have that choice.
MS. BEDDOW said this would allow acupuncturists to be better
team players in an integrated medical field. Currently,
Providence Hospital is starting an integrated medical department
that will be bringing in acupuncture for its cancer patients.
Others are beginning this approach as well. She agreed that
insurance companies are beginning to see that acupuncture does
decrease medical costs and consumers are spending $32 million
per year out of pocket on it.
2:12:02 PM
CHAIR BUNDE remarked that he hadn't availed himself of the
service, but wanted to know how expensive this pain management
is.
MS. BEDDOW replied using 15-minute units would result in
approximately $40 to $160 per hour.
2:13:21 PM
MS. DELAUNE mentioned that acupuncturists are licensed by the
State of Alaska and certain educational requirements have to be
met before they can be licensed, but it is the only health care
profession that is not on the state's list of providers that
cannot be discriminated against. She pointed out that 10 years
ago, they would have gotten resistance from the western medical
profession, but an news article she read recently stated that
now over 85 percent of western medical colleges have elective
courses in eastern medicine and she gets a lot of referrals from
doctors.
SENATOR BUNDE said he was surprised that he heard no opposition
to this issue and stated that he would hold SB 244 for one week
from today. With that he adjourned the meeting at 2:15:22 PM.
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