HB 1-POLICY FOR SECURING HEALTH CARE SERVICES  3:04:07 PM CHAIR KELLER announced that the first order of business would be HOUSE BILL NO. 1, "An Act stating a public policy that allows a person to choose or decline any mode of securing health care services." REPRESENTATIVE CARL GATTO, Alaska State Legislature, stated that HB 1 was "a bill about liberty, as much as it's about health care. Health care is simply the vehicle to describe what liberties we may or may [not] be losing." He established that HB 1 declared that the government cannot force an individual to make a purchase without their consent. He opined that this was the first time in United States history that the federal government had attempted to place a tax on inactivity. He assessed that this was a question of the liberty to choose. He argued that the commerce clause [Article 1, Section 8, Clause 3 of the U.S. Constitution] should not be used to tax an individual for not doing something. He offered his belief that "citizens cannot be compelled by the government to purchase a product that they don't want to purchase." 3:07:20 PM REPRESENTATIVE MILLER asked to clarify that HB 1 would exempt Alaskans from a federal mandate, but that the State of Alaska could still mandate requirements for Alaskans. 3:08:10 PM REPRESENTATIVE GATTO replied that the gist of the bill was focused on a response to the federal government declaring states rights. He directed attention to page 1, lines 12-14, which read: (1) does not apply to health care services provided or required by the state, a political subdivision of the state, or a court of the state; and (2) may not impair a contract right that provides health care services. He asked if that answered Representative Miller's question. 3:09:16 PM REPRESENTATIVE DICK expressed his agreement with HB 1 and stated that this was a precedent for taxation on inactivity. He declared "if we aren't very loud and very firm, very clear on this, we're going to get steamrolled down the road on all concerns." 3:09:41 PM REPRESENTATIVE GATTO offered some examples that reflected his fear for a requirement to buy health care that you did not want. He announced that "this will send a message that will be collected with other messages that will ultimately, hopefully, go to the courts, because this is really the Supreme Court decision, more than anything else." 3:10:48 PM REPRESENTATIVE DICK addressed his concern for the deferred cost to future generations of payment for the uninsured by those with insurance. He declared: "I don't think this really has to do with health care at all. I think this has to do with just gathering information on U.S. citizens." REPRESENTATIVE GATTO cited that the health care system in the United States was the best, but that "we're just paying too much to have them treated." He assessed that health care problems could be fixed, but that the federal health care bill was not a fix. He stated his approval for the private sector to maintain control of the health care system. 3:13:08 PM REPRESENTATIVE SEATON moved to adopt Amendment 1, which read [original punctuation provided]: Page 2, Line 9: following "charge [.] Insert: ";however, liability for the cost of health services is not a penalty." 3:13:47 PM CHAIR KELLER objected for discussion. REPRESENTATIVE SEATON established the intent of proposed Amendment 1 to be a reminder that the liability for medical payments was not a penalty that could be declined because of proposed HB 1. 3:14:40 PM CHAIR KELLER opined that proposed Amendment 1 would create more problems. He offered his belief that the word "charge" on page 2, line 9 of the bill was understandable and intuited to be a fee for services rendered; therefore, proposed Amendment 1 was unnecessary. He expressed concern that proposed Amendment 1 would occasion that another section of law pertaining to payment could be subject to question unless it, too, contained this clarification. 3:15:31 PM REPRESENTATIVE SEATON indicated the need for clarification because of specific language on page 1 [line 9] of the bill that "a person has the right to choose or decline any mode of obtaining health care services without penalty..." He declared the need for clarity that this bill language did not include a release of liability for medical expenses. 3:16:43 PM CHAIR KELLER asked if proposed Amendment 1 had been reviewed by Legislative Legal and Research Services. REPRESENTATIVE SEATON replied that he had offered it to the bill sponsor as a conceptual amendment to be drafted by Legislative Legal and Research Services. 3:17:12 PM CHAIR KELLER removed his objection. There being no further objection, Amendment 1 was passed. 3:17:32 PM REPRESENTATIVE SEATON moved to report HB 1, as amended, out of committee with individual recommendations. There being no objection, CSHB 1(HSS) was reported from the House Health and Social Services Standing Committee.