ALASKA STATE LEGISLATURE                                                                                  
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                         April 14, 2014                                                                                         
                           1:30 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bert Stedman, Chair                                                                                                     
Senator Peter Micciche, Vice Chair                                                                                              
Senator Kevin Meyer                                                                                                             
Senator Pete Kelly                                                                                                              
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 134(HSS)                                                                                
"An Act requiring Medicaid payment for medication compliance                                                                    
packaging, delivery, and dispensing services of a prescription                                                                  
for specified recipients; and providing for an effective date."                                                                 
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 361                                                                                                              
"An Act relating to licensing of behavior analysts."                                                                            
                                                                                                                                
     - MOVED HB 361 OUT OF COMMITTEE                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 281(L&C)                                                                                
"An Act relating to prescription of drugs by a physician without                                                                
a physical examination."                                                                                                        
                                                                                                                                
     - MOVED CSHB 281(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 134                                                                                                                  
SHORT TITLE: MEDICAID PAYMENT FOR MEDISET PRESCRIPTION                                                                          
SPONSOR(s): REPRESENTATIVE(s) COSTELLO                                                                                          
                                                                                                                                
02/20/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/13       (H)       HSS, FIN                                                                                               
03/19/13       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/19/13       (H)       Heard & Held                                                                                           
03/19/13       (H)       MINUTE(HSS)                                                                                            
03/28/13       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/28/13       (H)       Heard & Held                                                                                           
03/28/13       (H)       MINUTE(HSS)                                                                                            
04/02/13       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/02/13       (H)       Heard & Held                                                                                           
04/02/13       (H)       MINUTE(HSS)                                                                                            
04/04/13       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/04/13       (H)       Scheduled But Not Heard                                                                                
04/06/13       (H)       HSS AT 9:00 AM CAPITOL 106                                                                             
04/06/13       (H)       Heard & Held                                                                                           
04/06/13       (H)       MINUTE(HSS)                                                                                            
04/08/13       (H)       FIN AT 8:00 AM HOUSE FINANCE 519                                                                       
04/08/13       (H)       Scheduled But Not Heard                                                                                
03/13/14       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/13/14       (H)       Scheduled But Not Heard                                                                                
03/14/14       (H)       HSS AT 8:00 AM CAPITOL 106                                                                             
03/14/14       (H)       Moved CSHB 134(HSS) Out of Committee                                                                   
03/14/14       (H)       MINUTE(HSS)                                                                                            
03/17/14       (H)       HSS RPT CS(HSS) NT 4DP 2NR                                                                             
03/17/14       (H)       DP: REINBOLD, NAGEAK, TARR, HIGGINS                                                                    
03/17/14       (H)       NR: PRUITT, KELLER                                                                                     
03/24/14       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
03/24/14       (H)       Heard & Held                                                                                           
03/24/14       (H)       MINUTE(FIN)                                                                                            
03/26/14       (H)       FIN AT 7:00 PM HOUSE FINANCE 519                                                                       
03/26/14       (H)       -- MEETING CANCELED --                                                                                 
03/28/14       (H)       FIN RPT CS(HSS) NT 6DP 4NR                                                                             
03/28/14       (H)       DP: GUTTENBERG, HOLMES, MUNOZ, GARA,                                                                   
                         COSTELLO, STOLTZE                                                                                      
03/28/14       (H)       NR:    THOMPSON,    NEUMAN,    T.WILSON,                                                               
                         AUSTERMAN                                                                                              
03/28/14       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
03/28/14       (H)       Moved CSHB 134(HSS) Out of Committee                                                                   
03/28/14       (H)       MINUTE(FIN)                                                                                            
04/01/14       (H)       TRANSMITTED TO (S)                                                                                     
04/01/14       (H)       VERSION: CSHB 134(HSS)                                                                                 
04/02/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/02/14       (S)       HSS                                                                                                    
04/07/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/07/14       (S)       -- MEETING CANCELED --                                                                                 
04/09/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/09/14       (S)       Scheduled But Not Heard                                                                                
04/11/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/11/14       (S)       -- MEETING CANCELED --                                                                                 
04/14/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
                                                                                                                                
BILL: HB 361                                                                                                                  
SHORT TITLE: LICENSING OF BEHAVIOR ANALYSTS                                                                                     
SPONSOR(s): REPRESENTATIVE(s) SADDLER                                                                                           
                                                                                                                                
02/26/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/26/14       (H)       HSS, FIN                                                                                               
03/18/14       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/18/14       (H)       Moved Out of Committee                                                                                 
03/18/14       (H)       MINUTE(HSS)                                                                                            
03/19/14       (H)       HSS RPT 1DP 3NR                                                                                        
03/19/14       (H)       DP: TARR                                                                                               
03/19/14       (H)       NR: PRUITT, REINBOLD, KELLER                                                                           
04/04/14       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
04/04/14       (H)       Heard & Held                                                                                           
04/04/14       (H)       MINUTE(FIN)                                                                                            
04/07/14       (H)       FIN RPT 9DP 1NR                                                                                        
04/07/14       (H)       DP:    GUTTENBERG,   MUNOZ,    THOMPSON,                                                               
                         EDGMON,   T.WILSON,    GARA,   COSTELLO,                                                               
                         STOLTZE,                                                                                               
04/07/14       (H)       AUSTERMAN                                                                                              
04/07/14       (H)       NR: NEUMAN                                                                                             
04/07/14       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/07/14       (H)       Moved Out of Committee                                                                                 
04/07/14       (H)       MINUTE(FIN)                                                                                            
04/09/14       (H)       TRANSMITTED TO (S)                                                                                     
04/09/14       (H)       VERSION: HB 361                                                                                        
04/11/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/14       (S)       HSS, FIN                                                                                               
04/14/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 281                                                                                                                  
SHORT TITLE: PRESCRIPTION WITHOUT PHYSICAL EXAMINATION                                                                          
SPONSOR(s): REPRESENTATIVE(s) GATTIS                                                                                            
                                                                                                                                
01/27/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/27/14       (H)       HSS, L&C                                                                                               
02/13/14       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
02/13/14       (H)       Heard & Held                                                                                           
02/13/14       (H)       MINUTE(HSS)                                                                                            
02/27/14       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
02/27/14       (H)       Moved CSHB 281(HSS) Out of Committee                                                                   
02/27/14       (H)       MINUTE(HSS)                                                                                            
02/28/14       (H)       HSS RPT CS(HSS) 4DP                                                                                    
02/28/14       (H)       DP: SEATON, PRUITT, KELLER, HIGGINS                                                                    
03/17/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/17/14       (H)       Heard & Held                                                                                           
03/17/14       (H)       MINUTE(L&C)                                                                                            
03/26/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/26/14       (H)       Heard & Held                                                                                           
03/26/14       (H)       MINUTE(L&C)                                                                                            
03/28/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/28/14       (H)       Moved CSHB 281(L&C) Out of Committee                                                                   
03/28/14       (H)       MINUTE(L&C)                                                                                            
03/31/14       (H)       L&C RPT CS(L&C) 2DP 4NR                                                                                
03/31/14       (H)       DP: CHENAULT, OLSON                                                                                    
03/31/14       (H)       NR: HERRON, JOHNSON, SADDLER, JOSEPHSON                                                                
04/07/14       (H)       TRANSMITTED TO (S)                                                                                     
04/07/14       (H)       VERSION: CSHB 281(L&C)                                                                                 
04/08/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/14       (S)       HSS, L&C                                                                                               
04/11/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/11/14       (S)       -- MEETING CANCELED --                                                                                 
04/14/14       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                                
CHARLES GUINCHARD, Staff                                                                                                        
Representative Mia Castello                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska, presented HB 134 on behalf of the sponsor.                                                                      
POSITION STATEMENT:                                                                                                           
                                                                                                                                
GERALD BROWN, Pharmacist                                                                                                        
Fairbanks, Alaska,                                                                                                              
POSITION STATEMENT: Testified in opposition to several                                                                        
provisions in HB 134.                                                                                                           
                                                                                                                                
ARLENE BRISCOE, Registered Nurse                                                                                                
Alaska Nurses Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 134.                                                                           
                                                                                                                                
BERRY CHRISTENSEN, Co-Chair                                                                                                     
Alaska Pharmacists Association - Legislative Committee                                                                          
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of the concept of                                                                    
Mediset, but in opposition to limiting the number of pharmacies.                                                                
                                                                                                                                
REPRESTENTATIVE DAN SADDLER                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 361.                                                                                        
                                                                                                                                
                                                                                                                                
ANNETTE BLANAS, Director                                                                                                        
Capacity Building and Autism Interventions Project                                                                              
Center for Human Development                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 361.                                                                           
                                                                                                                                
SUZANNE LETSO, CEO                                                                                                              
Alaska Center for Autism                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 361.                                                                           
                                                                                                                                
SARA CHAMBERS, Director                                                                                                         
Division of Corporation, Business, and Professional Licensing                                                                   
Department of Commerce, Community and Economic Development                                                                      
(DCCED)                                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to HB 361 and HB                                                               
281.                                                                                                                            
                                                                                                                                
REPRESENTATIVE LYNN GATTIS, Alaska State Legislature                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 281.                                                                                        
                                                                                                                                
DR. HENRY DEPHILLIPS, Corporate Chief Medical Officer                                                                           
Teladoc                                                                                                                         
Nashville, Tennessee                                                                                                            
POSITION STATEMENT: Answered questions related to HB 281.                                                                     
                                                                                                                                
JENNIFER MEYHOFF                                                                                                                
Alaska Association of Health Underwriters                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of HB 281.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:30:39 PM                                                                                                                    
CHAIR BERT STEDMAN  called the Senate Health  and Social Services                                                             
Standing Committee meeting  to order at 1:30 p.m.  Present at the                                                               
call to order  were Senators Micciche, Ellis,  and Chair Stedman.                                                               
Senators Kelly and Meyer arrived shortly thereafter.                                                                            
                                                                                                                                
        HB 134-MEDICAID PAYMENT FOR MEDISET PRESCRIPTION                                                                    
                                                                                                                                
1:31:25 PM                                                                                                                    
CHAIR  STEDMAN  announced  the consideration  of  HB  134.  [CSHB                                                               
134(HSS)  was before  the  committee.]He said  it  was the  first                                                               
hearing of the bill. The intent  is to have the sponsor introduce                                                               
the  bill, take  public testimony,  and  set the  bill aside  for                                                               
further review.                                                                                                                 
                                                                                                                                
1:31:50 PM                                                                                                                    
CHARLES  GUINCHARD, Staff,  Representative  Mia Castello,  Alaska                                                               
State Legislature, Juneau, Alaska, presented  HB 134 on behalf of                                                               
the sponsor. He related that the  bill is the sponsor's intent to                                                               
memorialize  in statute  a program  that exists  at the  level of                                                               
regulation. The goal of the mediset  program is to save the state                                                               
long-term  costs by  helping the  most  vulnerable Alaskans  stay                                                               
compliant with  their medications.  He referred to  a legislative                                                               
research  brief  in members'  packets  that  shows cost  of  care                                                               
decreases  when patients  are  compliant  with their  medication.                                                               
Medication management  services such  as mediset helps  them stay                                                               
compliant.                                                                                                                      
                                                                                                                                
He listed the support for the  bill from the Alaska Mental Health                                                               
Board,  the   Chugiak-Eagle  River  Senior  Center,   the  Alaska                                                               
Commission on  Aging, the Alaska  Mental Health  Trust Authority,                                                               
the  Alaska   Nurses  Association,  the  Governor's   Council  on                                                               
Disabilities,  Hope Community  Resources,  the Alaska  Pharmacist                                                               
Association, and various assisted living homes and pharmacies.                                                                  
                                                                                                                                
1:33:56 PM                                                                                                                    
MR. GUINCHARD  showed a video  relating to  mediset prescriptions                                                               
and who  they apply to.  It described the difficulties  the frail                                                               
and  elderly  have  with taking  prescriptions  and  how  mediset                                                               
assists  them.  It explained  some  of  the  costs saved  by  the                                                               
dispensing services.                                                                                                            
                                                                                                                                
1:38:35 PM                                                                                                                    
MR. GUINCHARD  explained the sections  of the bill. In  Section 1                                                               
(a)  the   Department  of  Health  and   Social  Services  (DHSS)                                                               
establishes  the   fee  to  pay   a  qualified  pharmacy   for  a                                                               
prescription that requires scheduled units  of use to a qualified                                                               
medical assistance  recipient. He pointed  out on line 9,  "for a                                                               
prescription that requires"  is the language that  will result in                                                               
a  physician  needing  to  physically   write  "Mediset"  on  the                                                               
prescription.                                                                                                                   
                                                                                                                                
He related that  in Section 1 (b), the  bill addresses pharmacies                                                               
that are  qualified to dispense  with five qualifiers -  the cost                                                               
drivers when preparing and dispensing  a mediset. These five cost                                                               
drivers will be  incorporated into one mediset  fee determined by                                                               
DHSS. He  said that  Section 1 (c)  addresses who  under Medicaid                                                               
will  qualify  for  a  mediset.  It was  language  added  at  the                                                               
department's  request  so  that  the bill  will  not  expand  nor                                                               
contract the  scope of who  is currently eligible. Section  1 (d)                                                               
consists  of two  definitions; "medication  compliance packaging"                                                               
and "units of use."                                                                                                             
                                                                                                                                
He  related that  Sections 2  and 3  are a  complicated effective                                                               
date.  Because of  any  change to  the  state's Medicaid  program                                                               
requires federal  approval, Section  2 specifies that.  Section 3                                                               
says when DHSS has received  approval, the statute will come into                                                               
effect.                                                                                                                         
                                                                                                                                
CHAIR  STEDMAN noted  one  zero fiscal  note  from Department  of                                                               
Health and Social Services (DHSS).                                                                                              
                                                                                                                                
He opened public testimony.                                                                                                     
                                                                                                                                
1:43:23 PM                                                                                                                    
GERALD  BROWN,   Pharmacist,  Fairbanks,  Alaska,   testified  in                                                               
opposition  to  several   provisions  in  HB  134.   He  noted  a                                                               
restriction  included in  the  bill  that says  75  percent of  a                                                               
pharmacy's business must be medisets  in order to receive payment                                                               
for  unit-dosing  prescriptions  for  individuals.  He  said  his                                                               
pharmacy  does not  have that  ratio,  yet does  over 900  bubble                                                               
packs per month.  He maintained that the ratio  is not reasonable                                                               
and all pharmacies should be  eligible to receive the unit dosing                                                               
fee. As  written, the  bill is limited  to certain  pharmacies in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
MR.  BROWN   addressed  the  dispensing   fee,  which   was  last                                                               
established on 50  cents per unit. He  said it takes $3  to do so                                                               
now. He requested  that it be equitable to the  pharmacy costs in                                                               
preparing the units  and keeping records. He  emphasized that the                                                               
mediset service  is much  needed. It is  important that  the fees                                                               
cover the actual costs.                                                                                                         
                                                                                                                                
CHAIR  STEDMAN  noted  a forthcoming  committee  substitute  that                                                               
would address those issues.                                                                                                     
                                                                                                                                
MR. BROWN  suggested the  bill provisions should  be open  to all                                                               
pharmacies.                                                                                                                     
                                                                                                                                
1:47:42 PM                                                                                                                    
ARLENE  BRISCOE,  Registered  Nurse, Alaska  Nurses  Association,                                                               
Anchorage, Alaska,  testified in  support of  HB 134.  She shared                                                               
that  many of  her  patients suffer  from  severe mental  illness                                                               
which precludes them from remembering  to take their medications.                                                               
She stressed  that they need  the assistance this  bill provides.                                                               
She voiced  concern about  the department's  reimbursement policy                                                               
for  pharmacies -  that  75  percent of  their  business must  be                                                               
providing medisets  in order  to qualify. She  noted that  at her                                                               
hospital patients often  have to be kept longer  because they are                                                               
waiting for  mediset medications,  which is costing  Medicaid and                                                               
other  insurance  plans  money.  She stressed  that  the  program                                                               
should be  available to  all pharmacies  in the  state, including                                                               
rural pharmacies.                                                                                                               
                                                                                                                                
1:50:24 PM                                                                                                                    
BERRY  CHRISTENSEN, Co-Chair,  Alaska  Pharmacists Association  -                                                               
Legislative  Committee, Ketchikan,  Alaska, testified  in support                                                               
of  the concept  of mediset,  but in  opposition to  limiting the                                                               
number of pharmacies who can quality for the dosage unit fee.                                                                   
                                                                                                                                
1:51:26 PM                                                                                                                    
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
CHAIR STEDMAN held HB 134 in committee.                                                                                         
                                                                                                                                
             HB 361-LICENSING OF BEHAVIOR ANALYSTS                                                                          
                                                                                                                                
1:52:04 PM                                                                                                                    
CHAIR STEVENS announced  the consideration of HB 361.  He said it                                                               
was the  first hearing  on the  bill. The intent  is to  have the                                                               
sponsor introduce  the bill, take  public testimony, and  look to                                                               
the will of the committee.                                                                                                      
                                                                                                                                
1:52:41 PM                                                                                                                    
REPRESTENTATIVE  DAN SADDLER,  Alaska State  Legislature, Juneau,                                                               
Alaska, sponsor  of HB  361. He read  from the  following sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
     Autism is a significant  and growing problem in Alaska.                                                                    
     Statistics  show   that  about  2  percent   of  Alaska                                                                    
     children are  born with this  developmental disability,                                                                    
     characterized by  a diminished ability  to communicate,                                                                    
     social isolation, and other symptoms.                                                                                      
                                                                                                                                
     While not curable, autism is treatable. Scientific,                                                                        
     peer-reviewed studies have shown that early intensive                                                                      
     treatment in the form of Applied Behavioral Analysis                                                                       
     offers the best opportunity to help people with autism                                                                     
     improve their ability to function productively in                                                                          
     society.                                                                                                                   
                                                                                                                                
     Applied Behavior Analysis is recognized as the basis                                                                       
     for the most effective form of treatment for autism by                                                                     
     the U.S. Surgeon General, The National Institute of                                                                        
     Child Health, and the American Academy of Pediatrics.                                                                      
     You can best understand ABA as behavior modification                                                                       
     therapy: It seeks to encourage appropriate behavior by                                                                     
     assessing and managing the relationship between the                                                                        
     environment and the desired behavior.                                                                                      
                                                                                                                                
     Forty years of research shows that nearly half of                                                                          
     people with autism who receive intensive early                                                                             
     intervention and treatment do not require lifelong                                                                         
     services and support - and half can achieve normal                                                                         
     functioning after two to three years. This can mean                                                                        
     lifetime savings of $200,000 to $1.1 million for a                                                                         
     person through the age of 55.                                                                                              
                                                                                                                                
     One of the most important elements in successful                                                                           
     autism treatment is having it provided by well-trained                                                                     
     behavioral therapists - those who hold the nationally                                                                      
     recognized credential of Board-Certified Behavioral                                                                        
     Analyst, or BCBA.                                                                                                          
                                                                                                                                
     To qualify as a BCBA, applicants must have a minimum                                                                       
     of a master's degree, plus extensive training and                                                                          
     experience requirements of up to 1,500 hours of                                                                            
     supervised practice in the field, 225 hours of                                                                             
     graduate-level classroom work, or a year's experience                                                                      
     teaching ABA at the university level. They must also                                                                       
     pass the challenging BCBA certification examination.                                                                       
     The Board-Certified Assistant Behavioral Analyst, or                                                                       
     BCaBA credential, requires slightly lower standards.                                                                       
                                                                                                                                
     The state already supports the training of BCBAs                                                                           
     through a grant to the Center for Human Development,                                                                       
     at the University of Alaska Anchorage. There are about                                                                     
     20 to 30 BCBAs and BCaBAs in Alaska today, although                                                                        
     not all of them are currently working in the field.                                                                        
                                                                                                                                
     Under current state law, Alaskans with BCBAs cannot                                                                        
     bill health insurance companies or Medicaid for their                                                                      
     services at a rate that reflects their high degree of                                                                      
     training and professional skill because they are not                                                                       
     formally licensed.                                                                                                         
     HB 361 addresses this situation by providing for those                                                                     
     holding the BCBA or BCaBA credentials in Alaska to be                                                                      
     licensed by the Division of Professional Licensing, in                                                                     
     the Alaska Department of Commerce, Community and                                                                           
     Economic Development. Fourteen other states currently                                                                      
     provide licensing and regulate behavior analysts. This                                                                     
     approach has the strong support of Alaska BCBAs and of                                                                     
     national autism advocacy groups.                                                                                           
                                                                                                                                
     By ensuring licensing and higher standards of practice                                                                     
     for BCBAs and BCaBAs, HB 361 will:                                                                                         
                                                                                                                                
   · encourage more people to provide autism services in                                                                        
     Alaska                                                                                                                     
   · offer higher reimbursement rates for professional                                                                          
     providers                                                                                                                  
   · provide better outcomes for Alaska children with                                                                           
     autism                                                                                                                     
   · save the state money by avoiding the need for costly                                                                       
     institutional care, and                                                                                                    
   · improve the quality of life for hundreds of Alaskans                                                                       
     and their families                                                                                                         
                                                                                                                                
1:56:15 PM                                                                                                                    
CHAIR  STEDMAN noted  two fiscal  notes;  one indeterminate  note                                                               
from Department  of Health  and Social  Services (DHSS),  and one                                                               
fiscal   note  for   $46,600   receipt-supported  services   from                                                               
Department  of  Commerce,   Community  and  Economic  Development                                                               
(DCCED).                                                                                                                        
                                                                                                                                
SENATOR MICCICHE asked about the fiscal note from DCCED.                                                                        
                                                                                                                                
REPRESENTATIVE SADDLER explained that  it covers the initial cost                                                               
of  setting  up  the  database  and  arranging  for  professional                                                               
licensing. The  subsequent $1,700 is  a minimal cost  that covers                                                               
the cost of fingerprinting for  new applicants, potential hearing                                                               
mediation  costs,  legal support,  and  paperwork.  He noted  the                                                               
advantage of professional licensing  by a department, rather than                                                               
by  a  professional licensing  board;  lower  need for  meetings,                                                               
travel, and administrative staff support.                                                                                       
                                                                                                                                
CHAIR STEDMAN opened public testimony.                                                                                          
                                                                                                                                
1:57:54 PM                                                                                                                    
ANNETTE   BLANAS,   Director,   Capacity  Building   and   Autism                                                               
Interventions Project,  Center for Human  Development, Anchorage,                                                               
Alaska, testified  in support of HB  361. She said she  is also a                                                               
licensed board certified Behavioral Analyst  and the mother of an                                                               
autistic  child.  She  described  how  desperate  people  are  to                                                               
receive  services  for autism.  She  related  that some  services                                                               
provide inadequate and  unsafe programs and there  is very little                                                               
parents  can  do  to address  problems.  Rural  communities  have                                                               
little  access to  professionals  and are  at  risk of  receiving                                                               
services  from practitioners  who  are not  providing quality  or                                                               
safe services. She  spoke of the importance of  licensure and the                                                               
advantage of allowing practitioners to bill insurance companies.                                                                
                                                                                                                                
SUZANNE LETSO, CEO, Alaska Center  for Autism, Anchorage, Alaska,                                                               
testified  in support  of HB  361. She  said she  is also  on the                                                               
Behavioral  Analyst  Certification  Board.  She  stated  that  in                                                               
addition  to helping  families in  rural areas,  there is  also a                                                               
need to  protect large  schools like  Anchorage who  are spending                                                               
well over $1 million a year  on ABA services. She opined that the                                                               
state would  save money if even  one person is able  to come home                                                               
from an out-of-state  placement or prevented from  needing such a                                                               
placement.  She referred  to documents  in members'  packets that                                                               
depict cost savings in this area.                                                                                               
                                                                                                                                
She  maintained that  this legislation  will save  money, protect                                                               
consumers,  and  enhance the  quality  of  life for  people  with                                                               
autism and their  families. She noted that  this legislation also                                                               
has  applicability  for  other  populations  like  fetal  alcohol                                                               
syndrome and traumatic brain injury sufferers.  .                                                                               
                                                                                                                                
2:02:37 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
2:03:03 PM                                                                                                                    
SARA CHAMBERS,  Director, Division of Corporation,  Business, and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic Development (DCCED),  Juneau, Alaska, answered questions                                                               
related to  HB 361. She  said bill  would create a  new licensing                                                               
program  governed by  the division  instead  of by  a board.  The                                                               
division would deliver administrative  services to make sure that                                                               
the statutes and ensuing regulations  are complied with. She said                                                               
the department  does not  take a  position on  the bill,  but has                                                               
been  working with  the  sponsor  to analyze  the  impact to  the                                                               
division.  The  department is  prepared  to  implement the  bill,                                                               
should it become law.                                                                                                           
                                                                                                                                
2:04:28 PM                                                                                                                    
SENATOR  ELLIS noted  he served  on the  Autism Task  Force along                                                               
with the sponsor. He stated  that HB 361 is important legislation                                                               
and gets more professionals into  the field to help families that                                                               
face major challenges.                                                                                                          
                                                                                                                                
SENATOR  ELLIS  moved  to  report  HB  361  from  committee  with                                                               
individual recommendations and attached fiscal notes.                                                                           
                                                                                                                                
CHAIR  STEDMAN  announced  that  without  objection,  HB  361  is                                                               
reported  from the  Senate Health  and  Social Services  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
        HB 281-PRESCRIPTION WITHOUT PHYSICAL EXAMINATION                                                                    
                                                                                                                                
2:05:19 PM                                                                                                                    
CHAIR  STEVENS  announced  the consideration  of  HB  281.  [CSHB                                                               
281(L&C)  was before  the committee.]  He said  it was  the first                                                               
hearing on the bill. The intent  is to have the sponsor introduce                                                               
the bill,  take public  testimony, and  look to  the will  of the                                                               
committee.                                                                                                                      
                                                                                                                                
2:05:35 PM                                                                                                                    
REPRESENTATIVE  LYNN GATTIS,  Alaska  State Legislature,  Juneau,                                                               
Alaska, sponsor of HB 281. She  said HB 281 is the companion bill                                                               
to SB 80  and is, essentially, Section 2 of  that bill. She noted                                                               
that she  has provided a  comparison table of  HB 281 and  SB 80.                                                               
She related that  HB 281 clarifies in statue  that physicians may                                                               
not be  sanctioned for  dispensing or  administering prescription                                                               
medications without  a physical examination of  the patient. This                                                               
practice is called telemedicine.                                                                                                
                                                                                                                                
She  explained  that  telemedicine-based medical  care  would  be                                                               
delivered by  primary care physicians  located in  Alaska. Anyone                                                               
needing medical  care would be  a candidate for this  system. She                                                               
gave examples  of who might benefit  and be able to  attain over-                                                               
the-phone or  online consultations where physicians  can diagnose                                                               
an ailment and,  if necessary, provide a  prescription. This bill                                                               
stipulates  that  physicians  would  not  be  able  to  prescribe                                                               
controlled substances.                                                                                                          
                                                                                                                                
She  listed the  benefits  of telemedicine:  convenience for  the                                                               
patient, affordability, rapid access,  higher productivity from a                                                               
healthy workforce,  and primary care access  for rural residents.                                                               
The efficient quality comes down  to cost and access. She pointed                                                               
out that  telemedicine does not  replace the relationship  with a                                                               
primary care  provider. By requesting a  consultation and filling                                                               
out an intake  form, consent and medical history  forms, a person                                                               
is  entering into  a doctor/patient  relationship.  If a  patient                                                               
does  not have  a primary  care  provider, they  may designate  a                                                               
telemedicine  provider  as  such.  Patient  privacy,  the  Health                                                               
Insurance Portability and Accountability  act (HIPA), and privacy                                                               
laws apply to telemedicine.                                                                                                     
                                                                                                                                
She  noted that  telemedicine already  exists and  is working  in                                                               
Alaska. Alaska has been one  of the pioneers of telemedicine. The                                                               
Alaska   Native   Tribal    Health   Consortium,   the   Veterans                                                               
Administration, and  the military,  use telemedicine.  Outside of                                                               
the  state,  major  employees  like Home  Depot  and  Costco  use                                                               
telemedicine.                                                                                                                   
                                                                                                                                
She  gave  examples of  medical  conditions  of people  who  seek                                                               
telemedicine:   acute   respiratory    illness,   uterine   track                                                               
infections,  skin problems,  abdominal pain,  and back  and joint                                                               
problems. She  said 20  percent of  Alaska's population  lives in                                                               
rural areas and needs quick and economical medical care.                                                                        
                                                                                                                                
2:09:56 PM                                                                                                                    
CHAIR  STEDMAN noted  that  the committee  is  familiar with  the                                                               
concept of telemedicine.                                                                                                        
                                                                                                                                
REPRESENTATIVE GATTIS  said the  bill has not  been heard  in the                                                               
Senate Health and Social Services  Committee. She emphasized that                                                               
there is a  difference between the two bills.  She explained that                                                               
HB  281 requires  physicians  to be  located  in Alaska.  Another                                                               
difference  is  SB 80  required  that  physicians bill  insurance                                                               
companies, a provision not included in HB 281.                                                                                  
                                                                                                                                
CHAIR  STEDMAN noted  one  zero fiscal  note  from Department  of                                                               
Commerce, Community and Economic Development (DCCED).                                                                           
                                                                                                                                
2:11:56 PM                                                                                                                    
SENATOR MICCICHE asked why out-of-state doctors cannot be used.                                                                 
                                                                                                                                
REPRESENTATIVE  GATTIS replied  that  the bill  has gone  through                                                               
various House committees  and Alaska doctors said  they wanted to                                                               
protect Alaskan doctors.                                                                                                        
                                                                                                                                
SENATOR  MICCICHE  reported  that  currently  there  are  several                                                               
thousand people using  doctors who would no longer  be allowed to                                                               
use them.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GATTIS said  the Native  Health Consortium  has a                                                               
federal  exemption  that allows  them  to  go  out of  state  for                                                               
telemedicine.                                                                                                                   
                                                                                                                                
SENATOR  MICCICHE said  several companies  also use  out-of-state                                                               
physicians.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GATTIS  deferred  to Dr.  DePhillips  to  discuss                                                               
Costco and Home Depot.                                                                                                          
                                                                                                                                
SENATOR MICCICHE said they were not the only companies.                                                                         
                                                                                                                                
2:13:56 PM                                                                                                                    
DR. HENRY  DEPHILLIPS, Corporate Chief Medical  Officer, Teladoc,                                                               
Nashville, Tennessee,  answered questions related to  HB 281. Dr.                                                               
DePhillips   responded   to   Senator  Micciche's   question   by                                                               
explaining that  there a three  large telemedicine  companies and                                                               
two  of those  three  have  put together  a  national network  of                                                               
physicians.  He said  Teladoc has  several Alaska  physicians. He                                                               
noted Teladoc  has a difference  in interpretation of  the Alaska                                                               
Medical Board rules  than the Board does, which  is what prompted                                                               
the bill.  He said  Teladoc has  been operating  in Alaska  for a                                                               
while under the  "cross coverage exemption." He  said Teladoc and                                                               
other companies  are looking for regulatory  coverage through the                                                               
bill,   which  would   include  Alaska   licensed  and   resident                                                               
physicians.  He reported  that Teladoc  worked  closely with  the                                                               
Alaska Medical Association  and agreed that the  care of Alaskans                                                               
should be rendered by Alaska physicians.                                                                                        
                                                                                                                                
2:15:52 PM                                                                                                                    
SENATOR   MICCICHE  asked   why   telemedicine   is  limited   to                                                               
physicians, especially in rural areas.                                                                                          
                                                                                                                                
DR.  DEPHILLIPS said  nurse  practitioners, physician  assistants                                                               
and others,  are not  included because  Teladoc made  a conscious                                                               
business  decision to  keep  the standard  of  patient care  very                                                               
high. He  said they  knew they  would be a  target and  they have                                                               
been  a target  over  the  last 12  years.  Toledo's  model is  a                                                               
physician-only  model, as  are the  other two  companies. Another                                                               
reason  is because  the Medical  Board censured  physicians doing                                                               
telemedicine,  which  is  the  reason behind  the  need  for  the                                                               
legislation. He  thought lower level providers  were regulated by                                                               
a different board.                                                                                                              
                                                                                                                                
SENATOR MICCICHE inquired  about dispensing controlled substances                                                               
via telemedicine. He brought up  a concern regarding post-op care                                                               
medications.                                                                                                                    
                                                                                                                                
DR. DEPHILLIPS said that is a  topic that has been discussed with                                                               
the Department of Corrections and  others during the evolution of                                                               
the bill. He  stated it is a balancing act.  The concern was with                                                               
past history  of internet  prescribing controlled  substances. He                                                               
said  it  was  Toledo's  decision not  to  allow  DEA  controlled                                                               
substances. He  believed the other  two companies also  have that                                                               
policy. It  keeps the abuse  issue at  bay and makes  the Medical                                                               
Boards happy. He  noted the Department of  Corrections allows DEA                                                               
controlled substances  to be prescribed via  telemedicine because                                                               
there is a  clinically trained person on site.  The bill provides                                                               
for that exception.                                                                                                             
                                                                                                                                
2:19:38 PM                                                                                                                    
SENATOR MICCICHE  used an example  of a post-op patient  in rural                                                               
Alaska who requires  medication back in the village.  He asked if                                                               
there is a way for controlled substances to be prescribed.                                                                      
                                                                                                                                
DR. DEPHILLIPS said  there is currently not a  way for controlled                                                               
substances to be prescribed using  telemedicine. He observed that                                                               
if someone post-op  in a village requires  pain control requiring                                                               
a  controlled  substance,  they  would  also  need  an  in-person                                                               
assessment. He  concluded that there  is currently not  a vehicle                                                               
to dispense a controlled substance.                                                                                             
                                                                                                                                
2:21:30 PM                                                                                                                    
JENNIFER  MEYHOFF,  Alaska  Association of  Health  Underwriters,                                                               
Anchorage, Alaska,  testified in  support of  HB 281.  She opined                                                               
that telemedicine has  the potential to help  contain high health                                                               
care costs.                                                                                                                     
                                                                                                                                
SARA CHAMBERS,  Director, Division of Corporation,  Business, and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic Development (DCCED),  Juneau, Alaska, answered questions                                                               
related to HB 281.                                                                                                              
                                                                                                                                
CHAIR STEDMAN asked if the  department has any concerns about the                                                               
bill.                                                                                                                           
                                                                                                                                
MS. CHAMBER said the department  does not have concerns. She said                                                               
she  believes the  State Medical  Board has  gone on  record with                                                               
their concerns.                                                                                                                 
                                                                                                                                
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
REPRESENTATIVE GATTIS  concluded that HB  281 is not  a catch-all                                                               
and not a  hospital, but brings Alaska into the  21st Century and                                                               
will provide access to low-level health care. She shared a story                                                                
about her experience with telemedicine.                                                                                         
                                                                                                                                
2:25:20 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:28:03 PM                                                                                                                    
SENATOR MICCICHE moved to report CS for HB 281 from committee                                                                   
with individual recommendations and attached zero fiscal note.                                                                  
                                                                                                                                
CHAIR STEDMAN announced that without objection, CSHB 281(L&C) is                                                                
reported from the Senate Health and Social Services Standing                                                                    
Committee.                                                                                                                      
                                                                                                                                
2:28:39 PM                                                                                                                    
There being nothing further to come before the committee, Chair                                                                 
Stedman adjourned the Senate Health and Social Services Standing                                                                
Committee at 2:28 p.m.