Legislature(1997 - 1998)
02/17/1998 11:22 AM Senate RLS
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SENATE RULES COMMITTEE
February 17, 1998
11:22 a.m.
MEMBERS PRESENT
Senator Tim Kelly, Chair
Senator Loren Leman, Vice Chair
Senator Robin Taylor
Senator John Torgerson
Senator Jim Duncan
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 309(RLS)
"An Act naming the Robert B. Atwood Building."
HOUSE JOINT RESOLUTION NO. 29
Supporting an increase in federal funding for prostate cancer
research.
SENATE BILL NO. 197
"An Act relating to health care services provided by, and practices
of, a health maintenance organization; and prohibiting health
maintenance organizations from limiting free speech of health care
providers."
PREVIOUS SENATE COMMITTEE ACTION
HB 309 - No previous action to record.
HJR 29 - See Senate Health, Education & Social Services minutes
dated 5/7/97.
SB 197 - See HESS minutes dated 1/14/98, 1/16/98, and 1/21/98.
WITNESS REGISTER
Ms. Annette Deal, Staff to Representative John Cowdery
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on CSHB 209(RLS)
Keith Gerken
Division of General Services
Department of Administration
P.O. Box 110210
Juneau, AK 99811-0210
POSITION STATEMENT: Testified in support of CSHB 209(RLS)
Representative Kim Elton
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HJR 29
Senator Dave Donley
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of SB 197
Ms. Lynn Hartz
Alaska Nurse Practitioner Association
3104 Brookside Drive
Anchorage, AK 99517
POSITION STATEMENT: Testified in support of CSSB 197(RLS) with
inclusion of a suggested amendment
Ms. Kathy Volz
Alaska Physical Therapy Association
P.O. Box 140351
Anchorage, AK 99514
POSITION STATEMENT: Testified in support of CSSB 197(RLS)
ACTION NARRATIVE
TAPE 98-1 , SIDE A
HB 309 - NAMING ATWOOD BLDG IN ANCHORAGE
CHAIRMAN KELLY called the Senate Rules Committee meeting to order
at 11:22 a.m., and noted all members were present. He then brought
CSHB 309(RLS) before the committee as the first order of business.
ANNETTE DEAL, staff to Representative John Cowdery who is the prime
sponsor of the legislation, explained HB 309 was originally a one
sentence bill to change the name of the Bank of America Building in
Anchorage, which was recently purchased by the state of Alaska, to
the Robert B. Atwood Building. However, it came to the sponsor's
attention that the Bank of America had sign rights in their lease.
The committee substitute added a new sentence to give the
Department of Administration the right to negotiate that lease for
sign rights.
CHAIRMAN KELLY related that his understanding from Representative
Cowdery is that there has been a understanding reached with the
Bank of America and they are close to agreeing to name the building
the Bank of America, Robert B. Atwood Building until the year 2002
when the ability of the naming of it by the Bank of America
expires.
CHAIRMAN KELLY asked Mr. Gerken of the Department of Administration
if there are any legal problems with this arrangement. KEITH
GERKEN stated the amended bill solves the conflict between the
proposal and lease which the state inherited upon the purchase of
the building.
There being no further testimony on CSHB 309(RLS), CHAIRMAN KELLY
asked for the will of the committee.
SENATOR LEMAN stated it was appropriate to name the Bank of America
Building after a man who contributed so much to the state of
Alaska. He then moved CSHB 309(RLS) be passed out of committee
with individual recommendations and approved for calendaring at the
discretion of the Chair. Hearing no objection, it was so ordered.
HJR 29 - FUNDING FOR PROSTATE CANCER RESEARCH
CHAIRMAN KELLY brought HJR 29 before the committee as the next
order of business. He directed attention to a proposed Rules SCS.
REPRESENTATIVE KIM ELTON, prime sponsor of HJR 29, said the
resolution asks the federal government to raise the awareness of
prostate cancer research programs and to more fully fund prostate
cancer research. He pointed out prostate cancer afflicts one out
of every five men and causes 41,000 deaths a year.
Representative Elton explained the committee substitute changes two
references from 1997 to 1998. On page 1, line 7, the 334,500 new
cases of prostrate cancer figure has been changed to 209,900 which
more accurately reflects what the number is.
There being no further testimony on HJR 29, CHAIRMAN KELLY
requested motions on the legislation.
SENATOR DUNCAN moved the adoption of SCS HJR 29(RLS). Hearing no
objection, the motion carried.
SENATOR DUNCAN moved SCS HJR 29(RLS) be approved for calendaring at
the discretion of the Chair. Hearing no objection, it was so
ordered.
SB 197 - REGULATING HEALTH MAINTENANCE ORGS.
CHAIRMAN KELLY brought SB 197 before the committee and noted there
was a proposed Rules CS for the committee's consideration.
SENATOR DAVE DONLEY, prime sponsor of SB 197, explained the
committee substitute adds language on page 3, line 21, which
provides that health maintenance organizations would have to
provide an 'point of service' option that could require additional
costs on the part of the people that choose option, but it would
allow them to go to other types of health care. He said it is a
way of making sure the consumers have an option to buy additional
coverages of the types that they may feel is appropriate and not
be limited by HMOs to not have that option available to them.
Senator Donley voiced his support for an amendment that was being
offered by Senator Leman. He said the amendment also increases
consumer options within the HMO system.
SENATOR TAYLOR moved the adoption of CSSB 197(RLS). Hearing no
objection, the motion carried.
SENATOR LEMAN moved adoption of the following amendment to CSSB
197(RLS). CHAIRMAN KELLY objected for the purpose of discussion on
the amendment.
Amendment No. 1
Page 1, following line 7, insert a new bill section to read:
"*Section 1. AS 21.36.090(d) is amended to read:
(d) Except to the extent necessary to comply with AS
21.42.365 and AS 21.56, a person may not practice or permit unfair
discrimination against a person who provides a service covered
under a group health insurance policy that extends coverage on an
expense incurred basis, or under a group service or indemnity type
contract issued by a health maintenance organization or a nonprofit
corporation, if the service is within the scope of the provider's
occupational license. In this subsection, "provider" means a state
licensed physician, dentist, osteopath, optometrist, chiropractor,
nurse midwife, advanced nurse practitioner, naturopath, physical
therapist, occupational therapist, psychologist, psychological
associate, or licensed clinical social worker, or certified direct-
entry midwife."
Page 1, line 8: Delete "Section 1." and insert "Sec. 2."
Renumber the following bill sections accordingly.
CHAIRMAN KELLY stated the committee would take testimony from
Anchorage via the teleconference network.
LYNN HARTZ, a family nurse practitioner and a legislative
representative of the Alaska Nurse Practitioner Association,
testified in support of CSSB 197(RLS). She said it contains some
important consumer protection aspects relating to disclosure to the
enrollee of what is covered and what will not be covered, as well
as protecting the lines of communication between the clinician and
patient.
Ms. Hartz suggested that in addition to the changes in the
committee substitute and the proposed amendment, there is
additional language in the HMO statutes that would need to be
changed to allow enrollees continued choice in their health care
providers inside the HMO network. She said it is their view that
the change will allow health care consumer choice in their
preferred health care provider inside the HMO network as Senator
Donley's amendment provides for choice in providers outside the HMO
network. She said she would fax the suggested change to the
Chairman.
KATHY VOLZ, testifying from Anchorage on behalf of the Alaska
Physical Therapy Association, voiced their support for the
committee substitute and Senator Leman's amendment.
CHAIRMAN KELLY removed his objection to the adoption of Amendment
No. 1, and there being no further objection, he stated the
amendment was adopted and it would be incorporated into a new Rules
CS.
SENATOR TAYLOR moved and asked unanimous consent CSSB 197(RLS), as
amended, be approved for calendaring at the discretion of the
Chair. Hearing no objection, it was so ordered.
There being no further business to come before the committee, the
meeting adjourned at 11:33 a.m.
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