| Anatomy of a Bill: SB 28 Alaska Safe Nursing and Care Act |
Last week on March 25, SB 28 Limit Mandatory Overtime for Registered Nurses, also known as the "Alaska Safe Nursing and Patient Care Act," passed the Senate in a 17-3 vote and was referred to the House for further examination. The bill is scheduled to be heard in the House Health, Education, and Social Services Committee on April 5.
The primary sponsor for SB 28 is Senator Davis. The bill, according to Senator Davis, "assists Alaska registered and licensed practical nurses from being forced to work mandatory overtime, i.e., compulsory as opposed to voluntary work in excess of an agreed to, predetermined, regularly scheduled shift." It also intends to protect patients "from the dangers caused by overworked nurses." Since being introduced in pre-filing on January 5, 2007, SB 28 has undergone the full force of the legislature's scrutiny: five hearings in three committees, three committee substitutes, and 11 fiscal notes. It has been a long and winding road towards passage for this bill, and the clock is ticking as the 25th Legislature enters its final two weeks. This is a look back at the debate inspired by SB 28 through a sampling of testimonies given at the hearings.
April 4, 2008: Senate Health, Education, and Social Services Committee
Donna Phillips, a member of the Alaska Nurses Association board of directors and Nancy Davis, vice president of the Alaska Nurses Association
Phillips began her testimony by providing her career history as a way to explain her support for SB 28: she is a registered nurse, currently working in Girdwood, with 28 years of experience, 27 of those years spent in critical care.
"Many working nurses would not feel comfortable coming before you today," she told the committee. "But I am, because I am comfortable and I do want to make a difference for the public safety."
Davis offered that she has been a registered nurse in Alaska for 37 years, and said she was there in support of SB 28 on behalf of the Alaska Nurses Association [ANA]. "This is a patient safety issue, and patient safety is a foremost ethical and professional value of nurses. There are other occupations that set limits on work time and rest period requirements such as long-distance truckers, railroad engineers, and--very familiar in Alaska--pilots."
She continued: "There are a number of descriptions of mandatory overtime; it goes by a lot of different names. Some people call it 'double-shifting,' 'pulling an extra shift,' 'on-call,' 'mandatory call;' there are many different descriptors, but it all boils down to working in excess of hours that can safely be completed by a nurse and still assure the patient care that they're providing is safe."
Davis cited a study by the Institute of Medicine that examined the effects of long hours and overworked nurses on patient care. "Prolonged periods of wakefulness, which you hope that if you're working, you remain wakeful, produced effects that are similar to drinking alcohol and alcohol intoxication. Certainly we accept that alcohol intoxication reduces reaction time and changes the speed of our mental processes. Periods of wakefulness in excess of 16 hours actually cause behaviors that are equivalent to 0.05% blood alcohol levels. In our state, 0.08 is considered driving while intoxicated."
Later, Phillips continued their joint testimony on behalf of the ANA. "Some would say that this is not a problem, it's a bargaining unit issue, but it's not. It's a public safety issue. The public has a right to expect that when they walk into health care facilities that the nurses taking care of them are properly rested and alert. Not all nurses are covered by collective bargaining agreements, so this law would be perfect for them. At registration, when someone comes into a hospital, they shouldn't have to ask for the collective bargaining agreement to see how successful the nursing staff was in negotiating reasonable working conditions."
Phillips then referred to other states that have tackled mandatory overtime for nurses. "In 2002, Washington State passed a law regarding this issue. Anne Piazza, lobbyist for the Washington State Nurses Association, testified before Representative Peggy Wilson [and the] Special House HES Committee in January 2006. She stated: 'The state of Washington passed a law to prohibit mandatory overtime for nurses with the cooperation of the Washington State Nurses Association, other unions, and the Washington Hospital Association. The goal of this legislation is, first and foremost, to protect the safety and quality of patient care.'" Phillips continued citing the Washington testimony saying, "since 2002, the Washington State nurses have seen a reduction in forced overtime, and they are not aware of any hardships suffered by hospitals in complying with this law."
She referred again to the Institute of Medicine study, and said that in its final report, the IOM said that all overtime--voluntary, involuntary, or mandatory--should be curtailed.
Rod Bedit, president of the Alaska State Hospital and Nursing Home Association (ASHNHA)
Bedit testified on behalf of the ASHNHA membership and said that they could not support the legislation as it was currently written. He noted that he did not have permission to include two members of his organization, Alaska Psychiatric Institute and Alaska Pioneer Homes, in his testimony against the bill.
ASHNHA had conducted a survey of their membership regarding mandatory overtime and similar practices, and discussed the results with the committee. "It, to the best of my ability [to] get information on this topic, shows a couple of things. First, that mandatory overtime is not commonly used in the state. I'm not saying it isn't used--there are rare circumstances where it would be--but it isn't a tool that facilities use to fill their nursing gaps." Bedit explained that "temporary nursing hours, be it contract or traveler nurses, has increased dramatically. That has been the prime tool that facilities have used to fill in where they need nurses on the schedule."
He said that ASHNHA had tried to discover if there had been any grievances filed, "because most of this is collectively bargained in various facilities, and no grievances had come out of the survey that I did, that nurses were being put in a situation where they were working hours that they thought were not safe. As a former state health director for Utah, I know that there are vehicles for bringing patient care issues to the attention of the state through the Department of Health, and there's a certification licensing process that would take a look at any such complaints that were filed. To my knowledge, that has not been the case, where there is a body of complaints that have been filed and substantiated that facilities are abusing or using mandatory overtime as a way to meet staffing gaps."
He added: "There are other things in the paper that speak to the kinds of implications that we see if this legislation were put forth and the kinds of problems it would create for facilities trying to manage a complex array of issues around providing patient care. But most importantly, we don't really understand the need or see the problem that's trying to be addressed here. Alaska is not one of those states that need a hammer in order to deliver good care and to treat its employees and its patients fairly."
Bedit was asked by Chair Davis whether ASHNHA had met with ANA or other concerned organizations in 2007 regarding the issues in the bill, as his testimony referred to work that was done on bill similar to SB 28 in the House during the 24th Legislature. Bedit answered that ASHNHA had not, at the time of his testimony, met with the nurses that year to discuss the issues raised in SB 28.
April 16, 2007: Senate Health, Education, and Social Services Committee
Tom Obermeyer, aide to Senator Davis
Obermeyer gave an overview of SB 28 for the record. He reiterated his previous reading of the sponsor statement, which indicated that "this is primarily a patient safety issue. Though the title of the bill says, 'Limit Mandatory Overtime for Registered Nurses and Licensed Practical Nurses in Health Care Facilities,' this bill could be known as, 'The Alaska Safe Nursing and Patient Care Act,' because it does address this as the primary reason for the bill."
He continues: "The country has lost, as I understand it, about 500,000 nurses who left the profession because of the excessive overtime. There are about 2,700,000 nurses engaged in the profession at this time. There would not be a shortage, I am told, if these people would be willing to rejoin their profession if they wouldn't be worked unreasonable and unexpected hours."
April 26, 2007: Senate Labor & Commerce Committee
Mary Stackhouse, founding president of Providence Registered Nurses Union
Stackhouse explained she had been a registered nurse for 33 years, with the last ten spent in the Newborn Intensive Care Unit at Providence Hospital in Anchorage. "Throughout the years I have seen, in different ways in different hospitals, how mandatory overtime is and is not used with the technical term of 'mandatory overtime,' and I see that it is a problem with it being when we are short-staffed is when mandatory overtime would go into effect, or mandatory call. Mandatory on-call is mandatory overtime, and we do have that at Providence. It is in the operating room, and I believe it is in the LifeGuard [Air Ambulance] the way it is set up."
She continued: "The problem with instituting more mandatory overtime is you've already got a bigger assignment with more acute patients because of the nurses' shortage. When people call in sick because they've worked themselves to death, then you have more shortage, and when you have a bigger assignment, worse acuities, then that's the time when you're not getting a break because you're already short-staffed, so your charge nurse or whoever cannot relieve you for a break. Then you end up working longer [with] no breaks, and then at the end of the shift you're still trying to pick up the pieces of your shift, and if mandatory overtime is allowed and there is a sick-call or whatever, then you are mandated to stay. You don't have the chance to say, 'I'm really tired, I can't do this.'"
Stackhouse offered a hypothetical scenario that was similar to something that happened during her time in the NICU. The scenario illustrated the pressures and potential problems faced by over-tired nurses who need to make split-second medical decisions.
"As far as, 'We're not doing mandatory overtime in our hospitals'? We are with a mandatory call, and the director of my unit took me aside at our last negotiations, before we got into negotiations, and he said, 'We need to discuss our crisis staffing. You need to know that we're going for mandatory overtime. This is the only way we can make, equitably, everybody work extra days, instead of the full-timers picking up.' He said, 'we need to spread it out over everybody, we are actively seeking this.' And they did, during negotiations, both with some of the medical staff and the administration. And what happens at the bargaining table is that nurses give up everything that would make our job better and easier, and give up wages and benefits, in order to keep mandatory overtime out of the contract. It is not just a contract issue. It is very difficult to deal with, and they may not say they're doing it now, but they are and they're pushing for it, and it is there."
Laurie Herman, regional director of Government Affairs for Providence Health Systems
Herman said that Providence did not believe SB 28 should be enacted. "We don't believe that more laws and regulations are the answer. We believe that the energy should be expended and focused on obtaining more experienced nurses."
She refuted earlier claims about the hospital. "Providence does not use mandatory overtime--in fact, we're forbidden from doing so--in the language in our contract. We have a healthy and strong working relationship with our nurses and their leaders, and I believe our statistics on nurse retention, which stands at 85-90%, and our vacancy rate of 7.5 [%], compared to 10-12% nationally, bear that out."
Herman finished: "I can promise you that if any nurse at Providence went to their supervisor and said, 'I am too tired to work anymore,' they would be told to go home and get some rest. There's one more point I would like to make, and that is that I was told by our head of human resources, who regrets he can't be here today--he's on an airplane en route to Anchorage--that in the not-too-distant past during the bargaining process, we put out on the table that we should consider straight eight-hour shifts--three eight-hour shifts a day--and that was rejected."
January 22, 2008: Senate Labor & Commerce Committee
Nancy Davis, vice president of Alaska Nurses Association
Davis introduced herself as a registered nurse of 39 years and said she was speaking on behalf of the ANA in favor of the committee substitute for SB 28. "The Alaska Nurses Association represents almost 1,000 nurses here in Alaska, and this is a bill, and action, that we heartily support for a number of reasons. It's a great step forward, I think, for Alaska to protect the health and safety of patients and nurses alike. Senate Bill 28, the committee substitute, recognizes the impacts of fatigue on nurses, who are the mainstay of round-the-clock patient care."
She referred to previously submitted documents that documented the effects of excessive work hours in certain occupations. "Excessive work hours for nurses is a very risky response to the staffing crisis. It puts patients at risk due to nursing staff errors that may be made due to fatigue. That's a shame in terms of patient care, but it's also a liability for everyone. It puts nurses at risk for injury due to excessive work hours and fatigue. That's a problem for a professional group that's already facing a professional shortage situation. It's also a liability for worker injury and worker compensation issues. I think it puts us all at risk for aggravating and possibly deepening the nursing shortage that exists globally, not just in our own state, causing more nurses to leave the profession due to excessive work demands and unbearable work conditions. There are many other opportunities for nurses in the workforce, and we are having trouble keeping nurses in the workforce and encouraging people into the nursing workforce."
Davis concluded: "Senate Bill 28 helps prevent patients from suffering the consequences of nurses making errors due to fatigue. It helps to prevent nurses from suffering injury due to fatigue from working excessively long hours, and it really helps our state prepare for and respond to the nursing shortage due to nurses leaving the profession because of excessive work demands and working conditions. The action taken by Alaska is one investment in ensuring the health and safety for patients as well as the nursing workforce."
Tom Renkes, executive director of the Alaska Nurses Association
Renkes added to Davis's testimony and said that the record from ANA on mandatory overtime was mostly anecdotal at the moment. He spoke of the nursing shortage: "We know the shortage will encompass millions of nurses in the future, and the issue at hand is that the fourteen states that have passed mandatory overtime legislation and the hospitals that work towards garnering a better workforce actually have a virtually 0-3% open rate on the RN positions. The hospitals that continue to use the practice of mandatory overtime and mandatory call can have open positions up to the 10-20% ratio around the country. So while statistics are still being garnered with respect to mandatory overtime specifically, it has shown that the hospitals who essentially work toward a market perspective of providing a work environment that's conducive to employment have less of a shortage than hospitals who don't take action."
March 4, 2008: Senate Finance Committee
Tom Obermeyer, aide to Senator Davis
Obermeyer spoke about concerns that underscored the need for the legislation: "The January 2008 report by the Alaska Nurses Association, titled 'Mandatory Overtime Legislation: a Positive Approach to Improved Patient Care in the State of Alaska,' found that a majority of the staff nurses present at the Alaska Nurses Conference held in October 2007 reported they had been asked to work overtime in the past three months. Many nurses indicated they had to take mandatory call, and in many cases the call back occurred within a few hours of completing their regular 12-day shift, resulting in working more than 12 hours in a 24-hour period. This bill directly addresses this problem."
He explained some of the changes made to the committee substitute. "It provides a number of exceptions in the use of mandatory overtime for nurses in situations such as official state of emergency, medical airlift, school nurses in unique situations, and other listed exceptions. Finally, this bill allows nurses to work overtime voluntarily, so long as the work is consistent with professional standards and safe patient care, and does not exceed 14 consecutive hours."
Obermeyer continued discussing the schedule changes. "I would like to note that SB 28 does not ban overtime. It allows nurses to work up to 14 consecutive hours, but then requires a rest period of at least ten hours. Another provision provides that a nurse cannot be forced to work more than 80 hours in a 14-day period. Nurses however can voluntarily agree to exceed the 80 hour limit, so long as they don't work more than 14 consecutive hours without the ten-hour rest period."
He finished: "I would also finally note that there are 14 other states that have adopted similar requirements, including Washington State, Oregon, and California. Most of these versions restrict nurses to only 12 consecutive hours with a mandated rest period of 12 hours. The Senate HES Committee amended SB 28 to the proposed 14-hour limit with the ten-hour rest period to provide additional flexibility to our hospitals, particularly those operating in smaller communities."
Pamela Reed, Registered Nurse at Northstar Behavioral Health Center
Reed described three reasons for opposing SB 28. "First, it says (it) requires ten hours between shifts. Second, that they restrict work hours to 14 hours. And third, there's no provision there for the Baylor's. I'm a Baylor nurse, and a Baylor nurse is something you choose to do; it's voluntary. It's something I do for my family. Every 14 days, I work 64 hours. I also get paid [for] an extra 16, which makes it 80, so that I am a full-time employee with full-time benefits."
She explained the benefits of the Baylor program. "I like the Baylor's because I'm a single mom and I can work the weekends. I'm home all week with my boys. I can continue with my education, working on my Master's. At Northstar, there is no mandatory on-call. There is no overtime, and if we ever felt that we needed to leave or felt impaired, we would be allowed to leave."
Reed said the bill sounded like it was written more for medical facilities that scheduled on two 12-hour shifts, "but at Northstar, we're on three eight-hour shifts. With ten hours required between shifts, nurses could only work one shift of eight hours because there are only seven-and-a-half hours between the shifts if we do it that way. The first and the last 30 minutes of our shift is used for doing reports. This is when nurses pass on information about their patients, and it's very important that someone is there for that. If we had someone come in in the middle of our shift--and this is saying with ten hours in between--they wouldn't have that information, and it's critical. It's [the] little things that nurses pass on between each other."
She cautioned that the bill did not limit the number of hours a nurse could work in one facility and then turn around and work a second shift at a second facility. "They're just not getting overtime for it. All the Baylor nurses I've talked with are opposed to this bill because this is something we chose to do. There was a notice on the board, we went in--we chose to be on this shift. We do it well, it works for us, and if this bill goes through it's going to stop this for us, and this is important in our lives for lots of different reasons."
Tom Renkes, executive director of the Alaska Nurses Association
"In the last five months I have personally visited and spoken with nurses in Fairbanks, Valdez, Anchorage, Wrangell, Ketchikan, Juneau, Wasilla, and Bethel, as well as several groups of nursing students from UAA [University of Alaska Anchorage] and their facilities. One hundred percent of those nurses interviewed said that mandatory overtime is a problem in their career, while the students indicated they would not work at a facility where overtime was a rule and mandatory overtime was a policy. At this very moment, there's a major arbitration occurring as we speak, for one facility's inability to offer meals and breaks to nurses in the course of a workday. There is another facility that has one RN on her seventh 12-hour shift in eight days, which is why she cannot be here today. Two nurses in the Southeast facilities I visited indicated it was just expected they take mandatory call because they always work short."
He quoted from a report from the National Academy of Science at the Institute of Medicine in 2004, authored by John Howard, MD, about keeping patients safe: "'To reduce error-producing fatigue, state regulatory bodies should prohibit nursing staff from providing patient care in any combination of scheduled shifts, mandatory overtime, or voluntary overtime, in excess of 12 hours in any given 24-hour period, and in excess of 60 hours per seven-day period.'"
Renkes noted that there is similar safety regulatory legislation that covers railroad engineers, pilots, police officers, firefighters, maritime personnel, physicians, and even pilots in military combat.
Rod Bedit, president of the Alaska State Hospital and Nursing Home Association
Bedit reiterated his earlier testimony in opposition to SB 28, referring to the study of medical care facilities in Alaska conducted by ASHNHA in 2004. "What we've found does not show significant use of mandatory overtime, except at API [Alaska Psychiatric Institute], and there are unique reasons that cause that to occur."
He continued: "There is an expectation that nurses be on-call in certain units, and that's noted on this chart as well. That's different than mandatory overtime, and that's perhaps an area where we need to spend more time working with the Nursing Association."
Bedit said that according to the information ASHNHA collected, there is very little mandatory overtime being reported. "Neither survey shows significant use--again, other than API. There is some being reported by Bartlett here in Juneau, and they report to me that that's nurses whose shifts end while they're in surgery, and so they count that as a mandatory overtime hour, obviously not wanting to change nursing personnel during a procedure."
There was, he noted, "a steady pattern of temporary nursing hours being purchased by our member facilities." Bedit said that this was how hospitals filled the gaps in nursing hours. "Temporary nursing hours are not effective in dealing with on-call because of the specialized nature of it. I add that we have no data, have asked for it, in terms of trying to understand where we don't see the issues that the Nursing Association is presenting. The Department of Labor has not presented any documented cases that we're aware of, of anyone filing complaints, and we have no grievances that we can report to you."
Bedit concluded his testimony: "The final thing I'd like to say to you is we've been working with the University of Alaska Anchorage to improve the nursing picture for the last five years, and our members financially contribute to their nursing program, which now produces 200 nurses a year instead of 100. Ninety-three percent of those nurses are working in the health care system in Alaska. Again, we'd be very interested in hearing some detailed documentation of where the issues are at, but at this point we're unable to uncover them, and for those reasons, we cannot support this piece of legislation."
March 25, 2008: Senate Finance Committee
Co-chair Hoffman moved that the Senate Finance Committee pass out of committee the committee substitute for SB 28, version "/T" with individual recommendations and accompanying fiscal notes. Co-chair Stedman approved the motion, and with no objections, moved the committee substitute for SB 28 out of the Finance Committee.
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Interview with Jerry Jenkins: Adult Admissions Suspended at ACHMS
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 Jerry Jenkins is executive director of Anchorage Community Mental Health Services (ACMHS), and a founding member of the Anchorage Alliance for Health and Social Services.
In November 2007, the Review featured an in-depth interview with Jenkins. In that interview, he discussed how national and state policies have affected operations at Anchorage Community Mental Health Services.
As a result of grant reductions in FY 2004-2005, ACMHS changed from operating under an "open door" policy to an admissions policy based on prioritization: they began to serve severely mentally ill adults, chronic inebriates, and persons impacted by Alzheimer's and related dementia only.
In spite of the change in the admission policy, and because of uncompensated care and Medicare and Medicaid reimbursement rates, ACMHS has been operating at a financial loss that has grown with each passing year.
At the close of business on February 29, 2008, Anchorage Community Mental Health Services suspended admissions to Adult Services. The following brief interview provides an update to this very important story, one that we will revisit in a future issue of the Alaska Health Policy Review.
AHPR: Please tell me a bit of the history behind the decision to suspend admissions to Adult Services.
Jerry Jenkins: There is [both] a major and a minor factor involved in making the decision to suspend admissions to Adult Services. Short term was the loss of psychiatric capacity with the departure of Dr. Curtiss, our medical director. That presented a situation where we had 1400 clients who had previously been served by six plus providers [Dr. Curtiss was providing services for approximately 250 clients-ed]. With that loss of Dr. Curtiss, her caseload needed to be absorbed. That was one factor.
The other factor is more chronic; it deals with finances. We have been experiencing operational losses since 2005. That was the year that we had incurred some grant reductions. We had prioritized our admissions to only serve seriously emotionally disturbed children, seriously mentally ill adults, and persons impacted by Alzheimer's or related dementias. We have day care program called Daybreak where we serve those folks.
We began to see only seriously mentally ill [and] severely emotionally disturbed. We prioritized our admissions for people coming out of acute care, which means hospitals or residential treatment or the psychiatric emergency room, the Department of Corrections or the Mental Health Court. We serve those folks basically, next day. We averaged about 26 admissions per month [in the last 18 months].
We did that without any consideration of ability to pay, or resource; we based it upon need. What we've been able to determine is that because of reducing grants, flat Medicaid rates and Medicare rates that are totally inadequate, we've not been able to generate enough revenue to cover our expenses.
This is an ongoing problem; it is not unique to Anchorage Community Mental Health Services. We had to make a decision; we could not absorb another operational loss. I had to make the decision to suspend admissions. First, ... to have adequate psychiatric coverage, and secondly we must control our uncompensated care.
We can't control Medicare rates, we can't control Medicaid rates, we can't control grants. We can control our front door.
AHPR: Can you say more about the decision making process?
Jerry Jenkins: The decision making process was based upon financial results. We received our financial audit for 2007 the last week of December. We took our January data; we discussed it with the board of directors, management made a decision. These were the things that we need to do now. We can't control Medicare rates, we can't control Medicaid rates, we can't control grants. We can control our front door. It is the amount of uncompensated care that we were absorbing that led to this decision. Management's recommendation to the board and the board concurred.
AHPR: What needs to happen before the suspension is lifted? In other words, what would solve the problem?
Jerry Jenkins: There [are] a couple of issues. One is having adequate psychiatric coverage because the majority of adults coming in require psychopharmacology; that is one critical piece. The other piece is having the financial resources to cover the cost of doing the services.
AHPR: Do you anticipate this will be a temporary solution or a long-term situation?
Jerry Jenkins: The psychiatric coverage will probably be easier to solve than the financial.
AHPR: Thank you.
Contact Jerry Jenkins at his office phone, 907.261.5310, or by email, [email protected].
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| Alaska Health Policy Calendar |
This calendar of health policy-related legislative meetings is current as of April 3, 2008 at 5 PM. Please visit the Alaska State Legislature's list of committee hearings for the most current listings, as they are subject to change.
April 4, 2008, 1:30 PM
What: House Finance Committee
Where: House Finance 519, Juneau
Other information: SB 196 Prescription Drug Database; teleconferenced
April 4, 2008, 4 PM
What: House Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
April 4, 2008, 4 PM
What: Senate Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
April 5, 2008, 9 AM
What: House Health Education and Social Services Committee
Where: Capitol 106, Juneau
Other information: SB 28 Limit Mandatory Overtime for Registered Nurses; teleconferenced
April 5, 2008, 9 AM
What: Senate Judiciary Committee
Where: Butrovich 205, Juneau
Other information: HB 400 Mitigating Factor: Care for Drug Overdose; teleconferenced
April 5, 2008, Noon
What: House Finance Committee
Where: House Finance 519, Juneau
Other information: HB 337 Health Care: Plan/Commission/Facilities; teleconferenced
April 7, 2008, 4 PM
What: House Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
April 7, 2008, 4 PM
What: Senate Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
April 9, 2008, 4 PM
What: House Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
April 9, 2008, 4 PM
What: Senate Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
April 10, 2008, 4 PM
What: House Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
April 10, 2008, 4 PM
What: Senate Conference Committee on HB 310 and HB 312
Where: Senate Finance 532, Juneau
Other information: HB 312 Approp: Mental Health Budget
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| Bill Tracking: Bills on the Move |
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It was another busy week for health policy as the 25th Legislature winds down. Two bills passed and are now awaiting transmittal to the governor. Several bills continued their moves through the different committees, and several bill hearings have been scheduled. The mental health budget reached an impasse and a special conference committee has been scheduled, with several meetings occurring over the next week.
SB 149 Redistribution of Used Eyeglasses passed the House on April 1, 38-0, with one absent and one excused, and is awaiting transmittal to the governor as of April 2. SB 249 Capstone Avionics Fund/Loans passed the House on April 1, 38-0, with one absent and one excused, and is awaiting transmittal to the governor as of April 2.
HB 400 Mitigating Factor: Care for Drug Overdose was referred to the House Judiciary Committee on April 3. SB 209 Extend Alaska Commission on Aging was referred to House Rules on April 3. SB 245 Health Care: Plan/Commission/Facilities was referred to Senate Finance on March 31. SCR 14 Perianesthesia Nurses Week: Feb. 2008 was referred to House Rules on March 31.
The committee substitute for HB 319 Dentists & Dental Hygienists was moved out of House HES on April 2. HB 383 Dentist License Exam Exemption was moved out of House L&C on April 2 and referred to House Rules on April 3.
SB 28 Limit Mandatory Overtime for Registered Nurses is scheduled to be heard in House HES on April 5. HB 337 Health Care: Plan/Commission/Facilities is scheduled to be heard in House Finance on April 5. SB 196 Prescription Drug Database is scheduled to be heard in House Finance on April 4.
HB 252 Leave for Organ/Bone Marrow Donation was heard in Senate State Affairs on April 3. SB 179 Dependent Health Insurance; Age Limit was heard in Senate HES on March 31. SB 280 Medicaid/Ins for Cancer Clinical Trials was heard in Senate L&C on April 3.
HB 312 Approp: Mental Health Budget has been scheduled for a conference committee, with meeting scheduled on April 4, April 7, April 9, and April 10.
Bill Tracking Methodology
The following is a list of all health related bills currently sitting in various legislative committees. This list represents a combination of old bills from 2007 that were left in committees when the first session ended and new bills that have been introduced during the second session. Bill information is current as of April 3, at 5 PM.
Bills listed here were selected based on a series of subjective criteria to determine whether they were "health policy-related" or not. All bills currently sitting in the Senate and House Health, Education, and Social Services committees were examined, and any that obviously dealt with non-health-related education or social services issues were eliminated. Every other House and Senate committee was then examined for health-related bills, which were included in the final list.
After determining the full set of health-related bills still in committee or pre-filed for the new session, they were divided into several general categories. This was done to facilitate finding bills that dealt with certain key health policy issues and to make overall navigation of the list easier. The remaining bills were categorized as "general" health policy related because of the wide range of subjects they covered.
The information listed for each bill includes the bill number, the short title, the primary sponsor or sponsors, the committee in which the last action on the bill took place, and the date on which the last action on the bill took place. A short summary of each bill is also included.
Abbreviations have been used for committee names. The committee names and their abbreviations are:
� (H) HES: House Health, Education, and Social Services Committee
� (S) HES: Senate Health, Education, and Social Services Committee
� (H) L&C: House Labor & Commerce Committee
� (S) L&C: Senate Labor & Commerce Committee
� (S) SED: Senate Special Committee on Education
� (H) FIN: House Finance Committee
� (S) FIN: Senate Finance Committee
� (H) RLS: House Rules Committee
� (S) JUD: Senate Judiciary Committee
� (H) MLV: House Military & Veterans' Affairs Committee
� (S) STA: Senate State Affairs Committee
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Bill Tracking: Certificate of Need |
HB 4 MEDICAL FACILITY CERTIFICATE OF NEED
Sponsor: Representative Lynn
Committee(s) and date of last action: (H) HES, 04/24/07
"HB 4 removes the current Certificate of Need requirement for health care facilities in Alaska boroughs having a population of over 25,000 people." -Rep. Lynn
SB 65 MEDICAL FACILITY CERTIFICATE OF NEED
Sponsor: Senator Huggins
Committee(s) and date of last action: (S) HES, 04/24/07
"SB 65 removes the current requirement for a Certificate of Need (CON) for health care facilities, except for nursing homes and residential psychiatric treatment centers, 'in a borough with a population of more than 25,000.' Smaller communities would still require, as a practical matter, the Certificate of Need." --Sen. Huggins
HB 345 MEDICAL FACILITY CERTIFICATE OF NEED
Sponsors: Representatives Kelly and Kawasaki
Committee(s) and date of last action: (H) HES and (H) FIN, 02/26/08
HB 345 would amend the current certificate of need statute to exclude expenditures for diagnostic imaging equipment in certain circumstances. The bill defines "critical access hospital" for the purposes of certificate of need applications, and adds a section to the uncodified law of the state regarding the applicability of the new statute to facilities.
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| Bill Tracking: Drugs |
HB 81 ALASKA PRESCRIPTION DRUG TASK FORCE
Sponsors: Representatives Guttenberg, Cissna, and Gruenberg
Committee(s) and date of last action: (H) HES, 01/16/07
"HB 81 will create a Prescription Drug Task Force within the Alaska Department of Health and Social Services. This Task Force will find ways to reduce the cost of prescription drugs and increase affordable access to prescription drugs for Alaskans.
"Ten members representing various entities and business sectors will sit on the task force and will gather information from industry, government, citizens, and other sources. Subsequent present reports to the Governor and to the Legislature will suggest actions to increase access to and reduce the cost of prescription drugs." -Rep. Guttenberg
HB 82 PRESCRIPTION DRUG DISCOUNTS
Sponsors: Representatives Guttenberg, Cissna, and Greunberg
Committee(s) and date of last action: (H) HES, 01/16/07
This bill would affect prescription drug discount pricing, and would place requirements on pharmacies that obtained prescription drugs through discount pricing. It would also require DHSS to conduct a study pertaining to prescription drug discounts, and report the findings to the legislature.
Pharmacies would segregate prescription drugs purchased through discount pricing from other drug stock by physical or electronic means, and maintain records of the acquisition and disposition of the discounted drugs in a way that is separate from other pharmacy records. The purchase of discounted prescription drugs is regulated according to guidelines in the federal Social Security Act. The mandated DHSS report would be a study of the feasibility of providing discounted prescription drug pricing to every person in the state who is not otherwise covered by a prescription drug plan. A report summarizing the findings would be presented to the legislature on or before January 1, 2008.
HB 208 DRUG PRODUCT SUBSTITUTION
Sponsor: House Health, Education, and Social Services committee
Committee(s) and date of last action: (H) HES, 03/19/07
This bill affects the substitution by a pharmacist of an equivalent drug product. With a few specific exceptions, unless a prescription indicates that it is to be dispensed as written, a pharmacist may, with the consent of the patient or the minor patient's parent or guardian, substitute an equivalent drug product.
The two exceptions mentioned explicitly in the bill relate to drugs for epilepsy or seizures, and to the substitution of a drug for a registered brand or trade name product. The substitution of drugs for epilepsy or seizure disorders must follow strict guidelines, including a timeframe for how long a pharmacist may dispense an equivalent drug product when supply of the prescribed drug is at issue. The substitution of a drug for a registered brand or trade name product can only be done with permission from the author of the prescription, with a procedure laid out should the pharmacist be unable to get in contact with the author of the prescription.
HB 300 DOCUMENT PRENATAL ALCOHOL EXPOSURE
Sponsor: Representative Doll
Committee(s) and date of last action: (H) HES and (H) L&C, 01/15/08
HB 300 would require health care professionals to document an infant's prenatal exposure to alcohol. The bill intends for such information to be used for the purposes of screening for fetal alcohol syndrome. A person licensed under the statute attending or making a postnatal examination of a mother and infant would, if the mother consents to such information being put in the medical file, document the infant's prenatal exposure to alcohol. Such information would only be used for the purposes of providing medical diagnosis, treatment, or care.
HB 304 PRESCRIPTION DRUG REPOSITORY
Sponsors: Representatives Nelson, Lynn, Kerttula, and Gatto
Committee(s) and date of last action: (H) HES and (H) FIN, 01/15/08
HB 304 amends the statute covering the Board of Pharmacy to include regulations for the implementation of the cancer drug repository and redistribution program established for recipients of medical assistance. Medical Assistance for Needy Persons statute (AS 47.07) would be amended to define and describe the cancer drug repository and redistribution program, and establishes guidelines that must be followed by dispensing pharmacies.
HB 400 MITIGATING FACTOR: CARE FOR DRUG OVERDOSE
Sponsor: Representative Kerttula
Committee(s) and date of last action: (H) FIN and (H) JUD, 04/03/08
HB 400 amends the factors to be considered by a sentencing court against a person who seeks medical attention for another person experiencing a drug overdose.
SB 114 DRUG PRODUCT SUBSTITUTION
Sponsor: Senate Health, Education, and Social Services committee
Committee(s) and date of last action: (S) L&C, 03/12/07
This bill affects the substitution by a pharmacist of an equivalent drug product. With a few specific exceptions, unless a prescription indicates that it is to be dispensed as written, a pharmacist may, with the consent of the patient or the minor patient's parent or guardian, substitute an equivalent drug product.
The two exceptions mentioned explicitly in the bill relate to drugs for epilepsy or seizures, and to the substitution of a drug for a registered brand or trade name product. The substitution of drugs for epilepsy or seizure disorders must follow strict guidelines, including a timeframe for how long a pharmacist may dispense an equivalent drug product when supply of the prescribed drug is at issue. The substitution of a drug for a registered brand or trade name product can only be done with permission from the author of the prescription, with a procedure laid out should the pharmacist be unable to get in contact with the author of the prescription.
SB 196 PRESCRIPTION DATABASE
Sponsors: Senators Green and Ellis
Committee(s) and date of last action: (H) FIN, 04/04/08
This bill would amend statutes related to the control and regulation of pharmacy. It would add a provision of the Board of Pharmacy that allows for the establishment and maintenance of a controlled substance prescription database.
The proposed database would contain data regarding every prescription for a IA, IIA, IIIA, IVA, or VA controlled substance under state law, or a schedule I, II III, IV, or V controlled substance under federal law dispensed in the state to any person other than an in-patient at a licensed health care facility. The bill also establishes guidelines for the pharmacist-in-charge of each covered pharmacy to submit certain information regarding such prescriptions to the board for inclusion in the database. Such information would include the names of prescribing prescriptions and individuals who receive prescriptions for controlled substances from licensed practitioners and who subsequently obtain dispensed controlled substances from a drug outlet in quantities or with a frequency inconsistent with generally recognized standards of dosage for that controlled substance.
SB 280 MEDICAID/INS FOR CANCER CLINICAL TRIALS
Sponsor: Senator Davis
Committee(s) and date of last action: (S) HES, (S) L&C, and (S) FIN, 04/03/08
This bill would require health care insurers to provide insurance coverage for medical care received by a patient during certain approved clinical trials designed to test and improve prevention, diagnosis, treatment, or palliation of cancer. It would direct the Department of Health and Social Services to provide Medicaid services to persons who participate in clinical trials.
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Bill Tracking: Education |
HB 55 WWAMI MEDICAL SCHOOL
Sponsor: Representative Kelly
Committee(s) and date of last action: (H) HES, 01/16/07
"The purpose of HB 55 is to address the severe doctor shortage in Alaska. According to the Alaska Physician Supply Task Force, Alaska would need an increase of 28% (375 doctors) to catch up with the lower 48. Increasing the in-state production of physicians by increasing the number of medical school and residency positions in Alaska is the No. 1 goal according the Task Force." -Rep. Kelly
HB 66 REQUIRE CPR FOR HIGH SCHOOL GRADUATION
Sponsor: Representative Gruenberg
Committee(s) and date of last action: (H) HES, 01/16/07
HB 66 would require certification in cardiopulmonary resuscitation and first aid for the issuance of a secondary school diploma. The requirement may be waived when the governing body of the school district provides proof that a student is incapable of performing the necessary functions for certification. Each district in the state public school system would be responsible for initiating and conducting a program leading to CPR/first aid certification for its students.
SB 32 WWAMI/NURSE EDUC LOAN REPAYMENT PROGRAM
Sponsor: Senator Wilken
Committee(s) and date of last action: (S) HES, 01/16/07
This bill recognizes that there is a shortage of qualified medical doctors and registered nurses in the state, and seeks to establish the Alaska medical doctors and registered nurse recruitment loan repayment programs. The purpose of the programs would be to provide financial incentives through the repayment, in whole or in part, by the state, of education loans for medical doctors and registered nurses completing a term of employment as a medical doctor or a registered nurse in the state. In consultation with the Alaska Commission on Postsecondary Education, standards and criteria would be established for the Alaska medical doctor and registered nurses recruitment loan repayment programs. Rules governing the commission's actions related to these programs are specified.
SB 73 WWAMI MEDICAL SCHOOL
Sponsor: Senator Ellis
Committee(s) and date of last action: (S) SED, (S) HES, and (S) FIN, 02/21/07
"Under the WWAMI agreement, students pay in-state tuition at the University of Washington and the State of Alaska pays the difference. Students who enter the program must return to Alaska to practice or pay back the state's subsidy. Current statute places a cap on the number of students allowed into the WWAMI program at 10. Senate Bill 73 removes that cap, and establishes a new minimum of 20 students per year be placed into the WWAMI program." -Sen. Ellis
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| Bill Tracking: General Health Policy |
HB 36 NURSE SUPERVISION OF EMT TRAINING
Sponsor: Representative Kawasaki
Committee(s) and date of last action: (H) L&C and (H) HES, 03/28/07
"House Bill 36 would allow nurses within an EMT training program to teach skills to paramedics in the clinical setting. Qualified nurses would provide training to paramedics in a scope of activities under direct supervision. By allowing nurses to assist in paramedic's training the state [of] Alaska will be able to provide skilled workers with complete understanding of the necessary lifesaving skills." -Rep. Kawasaki
HB 100 AIR AMBULANCE SERVICESSponsors: Representatives Coghill and Wilson Committee(s) and date of last action: (H) HES and (H) L&C, 04/03/07 "This legislation exempts for-profit air ambulance services from insurance regulations under AS 21.03 in order that they may solicit membership subscriptions, accept membership applications, and charge membership fees. "In order to protect consumers this bill establishes that air ambulance services must: � have certification under AS 18.08.082 � be in operation in Alaska for at least two years � not deny emergency medical service to any person." --Rep. Coghill
HB 124 INTENSIVE SERVICES FUNDING
Sponsor: Representative Nelson
Committee(s) and date of last action: (H) HES and (H) FIN, 02/07/07
This bill seeks to amend AS 14.17.420 to affect intensive services funding. It proposes that when a student who is counted for intensive services funding transfers to another school district within the state, the transferring district would have to pay the district receiving the transfer the unused portion of funds allocated for the transferring student within 30 days of the transfer. The transferring district's payment would be based on a pro rata share of the amount received for the period in which the student attended school in the district.
HB 136 DENTAL HYGIENISTS
Sponsor: Senator Stoltze
Committee(s) and date of last action: (S) FIN, 05/04/07
"The provisions of House Bill 136 follow the expanded functions of dental hygienists in other states to improve access to preventative oral health care. Specifically, HB 136:
� Allows a licensed dental hygienist to place "fillings" into a cavity prepared by a licensed dentist.
� Authorizes a licensed dental hygienist to administer local anesthetic agents under the general supervision of a licensed dentist.
� Permits a licensed dental hygienist to enter into a collaborative agreement with a licensed dentist in which the dentist authorizes the dental hygienist to perform certain duties stipulated under HB 136 without the supervision of the dentist." -Rep. Stoltze
HB 319 DENTAL AND DENTAL HYGIENISTS
Sponsors: Representatives Ramras and Thomas
Committee(s) and date of last action: moved out of (H) HES, 04/02/08
HB 319 would amend the statute regulating the use of dental radiological equipment. The bill would specify the prohibitions under the statute to include the dentist's "direct or indirect" supervision of the use of such equipment. HB 319 would also extend the "direct or indirect" supervision clause to the grounds for discipline, suspension, or revocation of license. New sections are added to the statute regarding dental assistants, including certain certifications and delegation to dental assistants; and definitions of certain terms used in the legislative language.
HB 329 ABORTION NOTIFICATION
Sponsor: Representative Doogan
Committee(s) and date of last action: (H) HES and (H) JUD, 01/17/08
HB 329 would amend several aspects to the current statute governing parental notification of an abortion on a minor, as well as repeal the judicial bypass provisions relating to abortions. Specifically, the bill would lower the age of notification from 17 to 16, and would more clearly define who is capable of giving consent. The bill would also redefine "medical necessity" for abortions and amends the duties of the Office of Public Advocacy in cases involving minors' abortions.
HB 340 CAPSTONE AVIONICS FUNDS/LOAN
Sponsor: Rules by request of the governor
Committee(s) and date of last action: (H) FIN, 02/13/08
HB 340 would establish the Alaska Capstone Avionics Revolving Loan Fund within the Department of Commerce, Community, and Economic Development. The bill declares it to be the policy of the state to increase the safety of air carrier, air taxi, and general aviation intrastate air transportation in the state by providing low interest loans to qualified applicants for the purpose of purchasing and installing capstone avionics equipment. The Fund would exist to provide loans towards that effect.
HB 360 CERTIFIED DIALYSIS TECHNICIANS
Sponsor: Representative LeDoux
Committee(s) and date of last action: (H) HES, (H) L&C, (H) FIN, 02/08/08
"HB 360 develops uniform standards for the training and certification of Dialysis Technicians in the state. . . HB 360 would create a consistent procedure for the application, examination, certification, suspension and severance of patient care dialysis technicians. Under the bill it becomes illegal for anyone to perform in such a capacity without having first completed the certification process under the auspices of the Board of Nursing or the Department of Commerce, Community, and Economic Development.
"The bill provides for the regulation of the education, training and practice of patient care dialysis technicians. It also creates a registry of certified technicians by the Board of Nursing or the Department of Commerce, Community, and Economic Development. The board will also have the authority to conduct hearings against alleged violators and the ability to impose disciplinary measures." -Rep. LeDoux
HJR 26 CONST AM: CONTROL OF MINOR'S MEDICAL CARE
Sponsors: Representatives Coghill and Lynn
Committee(s) and date of last action: (H) HES and (H) JUD, 01/15/08
HJR 26 proposes an amendment to the Alaska Constitution. It would grant a parent or guardian the right to direct and control the medical care and treatment of the parent or guardian's minor child. This right would be subject only to emergency exceptions and judicial bypass. The judicial bypass procedure would be narrowly tailored to protect the rights and health of the minor child and be consistent with standards established by the United States Supreme Court. The proposed amendment would be placed before the voters in the next general election as determined by the state's constitution and election laws.
SB 28 LIMIT OVERTIME FOR REGISTERED NURSES
Sponsor: Senator Davis
Committee(s) and date of last action: passed Senate, 03/27/08
"SB 28, hereafter also to be known as "The Alaska Safe Nursing and Patient Care Act," prevents Alaska registered and licensed practical nurses from being forced to work mandatory overtime, i.e., compulsory as opposed to voluntary work in excess of an agreed to, predetermined, regularly scheduled shift, and it protects patients from the dangers caused by overworked nurses ... This legislation also protects nurses from discrimination and retaliation by employers who continue to force them into working hours beyond what they believe safe for quality care. SB 28 requires that health care facilities monitor, document, and report overtime semiannually and face penalties for knowing violations." -Sen. Davis
SB 29 MEDICAL PATIENT BILLING DISCLOSURES
Sponsor: Senator Dyson
Committee(s) and date of last action: (H) HES, 04/205/08
SB 29 would affect certain aspects of patient billing disclosures. The bill adds a new section to the existing statute (AS 18.20) that specifies what licensing a hospital must have to be regulated under the proposed law. The bill also adds a new section to the existing statute that specifies what information hospitals that received government money for the purchase, construction, repair, equipping, or operation of the hospital would have to disclose on each patient billing. Several terms that would be related to this information are also defined, including "government money," "hospital," and "patient billing."
SB 98 DENTAL HYGIENISTS
Sponsor: Senator Davis
Committee(s) and date of last action: (S) HES, 03/26/07
"SB 98 allows Alaskans better access to professional training, skills, and technology available to meet their oral health care needs with expanded services provided by dental hygienists licensed under AS 08.32. Many Alaskans either cannot afford regular oral health care, do not understand the need for it, or live in areas or facilities not served by oral health care professionals. SB 98 also will help stem what the Surgeon General reported as a 'silent epidemic of oral diseases ... affecting our most vulnerable citizens ... No one should suffer from oral diseases or conditions that can be effectively prevented and treated.'" -Sen. Davis
SB 107 NATUROPATHS
Sponsor: Senator Davis by request
Committee(s) and date of last action: (S) FIN, 03/21/08
"For purposes of expanding allowed procedures and regulating the growing practice of naturopathic medicine in Alaska, SB 107 establishes required licensing fees, a Naturopathic Advisory Committee, and an Alaska Naturopathic Formulary Council ... New naturopathic procedures under SB 107 allow minor surgery, including operative, electrical, and other methods of repair to superficial lacerations and abrasion or lesions, and removal of foreign bodies in superficial tissues. The bill also allows naturopaths to use antiseptics and local anesthetics in connection with allowed procedures. The law prohibits naturopaths from performing major surgery, and spinal and general anesthetics." -Sen. Davis
SB 149 REDUSTRIBUTION OF USED EYEGLASSES
Sponsor: Senator Therriault
Committee(s) and date of last action: awaiting transmittal to governor, 04/01/08
SB 149 would amend the current statute relating to the redistribution of used eyeglasses, as well as amend the language to refer to the Board of Dispensing Opticians. The bill would give the Board the power to approve nonprofit organizations for the redistribution and fitting of used eyeglasses. It would also limit the authority of a nonprofit organization approved by the department to distribute and fit used eyeglasses if the eyeglasses are distributed and fitted free of charge and the fitting of the eyeglasses conforms, to the extent possible, with a written prescription from a licensed physician or optometrist.
SB 181 ANATOMICAL GIFTS
Sponsor: Senator McGuire
Committee(s) and date of last action: (S) STA, then (S) JUD, 02/26/08
This bill would affect anatomical gifts; donations to the anatomical gift awareness fund; a registry of anatomical gifts; and the organizations that handle the procurement, distribution, or storage of all or a part of an individual's body. The majority of changes proposed in SB 181 are to change the particular Alaska statutes that govern anatomical gifts issues to the most current statutory number. The bill would also add a number of sections to the existing statute in order to address several issues, including who may make an anatomical gift before the donor's death; the manner of making an anatomical gift before the donor's death; and the rights and duties of procurement organizations and others. The bill would also address the need for uniformity of the law with regard to the subject matter, and also defines the terms used in the text.
SB 244 CONSUMER HEALTH INFORMATION WEBSITE
Sponsor: Senator Dyson
Committee(s) and date of last action: (S) HES and (S) FIN, 01/19/08
SB 224 would establish a consumer health information website to be operated by the Alaska Department of Health and Social Services. Included in the information to be made available would be a list of preferred drugs approved by DHSS for reimbursement; a list of the 100 most commonly prescribed medications in the state and the source and price, updated monthly; available hospital ratings, including the rates of hospital acquired infection and mortality occurring at each hospital in the state; and a list of primary care clinics that cater to uninsured and self-pay patients.
SB 249 CAPSTONE AVIONICS FUND/LOANS
Sponsor: Rules by request of the governor
Committee(s) and date of last action: awaiting transmittal to the governor, 04/02/08
SB 248 would establish the Alaska Capstone Avionics Revolving Loan Fund within the Department of Commerce, Community, and Economic Development. The bill declares it to be the policy of the state to increase the safety of air carrier, air taxi, and general aviation intrastate air transportation in the state by providing low interest loans to qualified applicants for the purpose of purchasing and installing capstone avionics equipment. The Fund would exist to provide loans towards that effect.
HB 252 LEAVE FOR ORGAN/BONE MARROW DONATIONS
Sponsors: Senators LeDoux, Foster, Lynn, Doogan, Kohring, and Thomas
Committee(s) and date of last action: (H) STA, and (H) FIN, 04/03/08
"The Richard Foster and Alec Cesar Donor Act would require the State of Alaska to grant a paid leave of absence to an employee for the purpose of making a personal organ or bone marrow donation. The employer is not required to provide more than 80 hours of leave, however the leave may not be less than 40 hours unless the employee requests fewer hours. Verification may be required and the State may not retaliate or sanction an employee for requesting this leave." -Rep. LeDoux
SB 286 PHARMACY BENEFITS MANAGERS
Sponsor: Senator Elton
Committee(s) and date of last action: (S) L&C and (S) FIN, 03/27/08
This bill would create and regulate pharmacy benefits managers, and authorize the Board of Pharmacy to cooperate with the Division of Insurance to regulate pharmacy benefits managers."
HB 420 ANATOMICAL GIFTS
Sponsor: House Health, Education, and Social Services Committee
Committee(s) and date of last action: (H) RLS, 03/27/08
This bill relates to the Uniform Anatomical Gift Act, to anatomical gifts, to donations to the anatomical gift awareness fund, to a registry of anatomical gifts, and to organizations that handle the procurement, distribution, or storage of all or a part of an individual's body."
HB 383 DENTIST LICENSE EXAM EXEMPTION
Sponsor: Representative Coghill
Committee(s) and date of last action: (H) RLS, 04/03/08
This Bill seeks to add an exception to the requirement of continuous active clinical practice averaging at least 20 hours a week for dentists who wish to practice in the state of Alaska. This exemption would apply to the men and women in the armed services who have been promoted to full-time supervisory positions in either the armed forced or an agency of the United States.
HB 363 NATUROPATHS/NATUROPATHIC BD
Sponsor: Representative Guttenburg
Committee(s) and date of last action: (H) HES, 03/18/08
This bill would create the Alaska Naturopathic Board. It details the functions and powers of the board.
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Bill Tracking: Medical Assistance and Health Insurance
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HB 140 MEDICAL ASSISTANCE ELIGIBILITY
Sponsors: Representatives Gara, Buch, Kawasaki, Doll, Gardner, and Gruenberg
Committee(s) and date of last action: (H) HES, 07/27/07
"HB 140 raises the eligibility level for Denali Kid Care to 200 percent of the federal poverty guideline. It extends optional coverage to children of families that earn between 200 and 350 percent of the federal poverty guideline by offering coverage at a sliding scale fee of between $200 and $1200. Families that earn above 200 percent of the federal poverty guideline would have to certify that health insurance is not offered through their work." -Rep. Gara
HB 198 SENIOR BENEFITS/MED. ASSISTANCE ELIG.
Sponsors: Representatives Hawker, Harris, Coghill, Samuels, Chenault, Meyer, and Foster
Committee(s) and date of last action: (H) RLS, 05/16/07
"HB 198 establishes the Alaska Senior Assistance Program to provide cash assistance payments to low-income Alaska seniors.
"The existing Senior Care Program, which is scheduled to sunset June 30, 2007, is amended to remove the little used prescription drug benefits and increase monthly cash payments to Alaskans, age 65 and older, based on their incomes related to federal poverty level guidelines adjusted for Alaska (FPL-A). Monthly payments are:
� $250 per month to individuals with income less than 75% of FPL-A
� $175 per month to individuals with income from 75% to less than 100% of FPL-A
� $125 per month to individuals with income from 100% to less than $135% of FPL-A
"The Alaska Senior Assistance Program combines desirable features of both the Longevity Bonus and Senior Care programs into a single needs based structure that delivers real help to low-income seniors across Alaska. Program enrollment is open to all qualifying seniors.
"The new Alaska Senior Assistance Program sunsets June 30, 2011 if not reauthorized." -Rep. Hawker
HB 231 MEDICAL ASSISTANCE: KIDS/DISABLED/PREGNANT
Sponsors: Representatives Doll and Gruenberg
Committee(s) and date of last action: (H) HES and (H) FIN, 04/02/07
This bill would amend the eligibility guidelines for medical assistance for needy persons (AS 47.07.020 [b]). Specifically, the bill seeks to change language that affects eligible disabled persons by specifying the official poverty line in question would be Alaska-specific, and clarifies that such information would come from the United States Department of Health and Human Service. The bill would also specify that persons under 19 years of age and pregnant women who are not otherwise covered under other sections of the law would only be eligible for assistance must come from households with incomes that do not exceed 200 percent of the federal poverty line for Alaska, as set by the US DHHS.
HB 398 MEDICAL ASSISTANCE FOR INFUSION SERVICES
Sponsor: Representatives Gruenberg and Lynn
Committee(s) and date of last action: 02/19/08
HB 398 would authorize medical assistance programs to cover home infusion services. It also lists optional services that DHSS may offer, as well as provides a definition of home infusion services.
HB 242 MANDATORY UNIVERSAL HEALTH CARE
Sponsors: Representatives LeDoux, Buch, and Gara
Committee(s) and date of last action: (H) HES, (H) L&C, and (H) FIN, 04/26/07
"This bill establishes a framework mandating and ensuring affordable health coverage for all Alaskans. A board of 11 stakeholders will oversee the plan, making certain that residents are able to choose and purchase coverage that provides adequate care. The bill also provides:
� A framework for personal choice: This bill facilitates a relationship between health insurance providers and individuals, and doesn't assume that a one size fits all solution will meet the health care needs of all Alaskans.
� A unique voucher system: By pooling money from all stakeholders, a sliding scale voucher system will ensure that every Alaskan can take personal responsibility for acquiring health insurance coverage. The system will also make it easy for multiple entities to contribute towards a health plan for an individual.
� A health care clearinghouse: The clearinghouse will disseminate information about quality health care products, assisting Alaskans who are utilizing vouchers under the Alaska health care plan.
� The Alaska health care fund: This fund will receive contributions from individuals, businesses and government to ensure that all interested parties contribute to the health of Alaskans." -Rep. LeDoux
HCR 2 HEALTH INFORMATION & REFERRAL SYSTEM
Sponsor: Representative Cissna
Committee(s) and date of last action: (H) HES, 01/22/07
This resolution seeks to recognize the need for an integrated state-wide health-related information and referral system. It addresses the need for basic and accurate information in an effective market-based health care system, and it recognizes need for consumers and residents of the state to have accurate, informed information about health care costs in order to make accurate decisions on health-related expenditures.
The resolution also recognizes certain growing health care trends: that a growing number of Alaskans cannot afford or access health insurance; that a growing number of people over the age of 65 who are covered by Medicare are having trouble finding doctors who will keep or accept them as patients; and that the state already has a shortage of physicians and that the percentage of medical doctors over the age of 50 is increasing, a trend that will worsen as the state's population continues to age.
In an effort to address these issues, this resolution of seeks government and private sector partners to investigate and build an integrated statewide information and referral system using like systems created in other states that use state-of-the-art software and well-maintained databases so state residents can maximize their health purchases within the state. This integrated statewide information and referral system be used to create an information system for health volunteerism options and a network of community health contacts that in times of natural disasters or statewide emergencies could be used to coordinate services and to disseminate information.
HJR 10 MEDICAL ASSISTANCE FOR CHILDREN
Sponsor: House Health, Education, and Social Services committee
Committee(s) and date of last action: (H) FIN, 03/05/07
This joint resolution would formally ask the Alaska Legislature to urge the Alaska Congressional delegation to "work diligently to achieve a timely reauthorization of the State Children's Health Insurance Program (42 U.S.C. 1397aa - 1397jj, Title XXI of the Social Security Act) to continue federal medical assistance percentages for the Denali KidCare program," and to also urge "Governor Palin to work with the Alaska Congressional delegation to ensure reauthorization of the State Children's Health Insurance Program in a timely manner." The resolution would also proclaim that "all components of state government should work together with educators, health care providers, social workers, and parents to ensure that all available public and private assistance for providing health benefits to uninsured children in the state be used to the maximum extent possible," and that the Alaska Legislature would urge Governor Palin to "work to provide meaningful assistance to help identify and enroll children who qualify for medical assistance or Denali KidCare." -House HESS
SB 87 MEDICAL ASSISTANCE ELIGIBILITY
Sponsors: Senators Wielechowski, French, Ellis, Elton, and Davis
Committee(s) and date of last action: (S) FIN, 03/14/07
"SB 87 raises the eligibility limit for participation in the Denali KidCare program to 200% of the federal poverty level (FPL), currently $27,000/year for a single parent and child ... SB 87 would also allow families with incomes up to 350% of the FPL to buy into Denali KidCare using a sliding fee scale for premiums and a 20% co-pay. Those with the greatest means would reimburse the state roughly 90% of its costs. Participants would have to certify that they don't have access to health insurance at work." -Sen. Wielechowski
SB 106 APPROP: COMMUNITY HEALTH CENTERS
Sponsor: Senator Davis
Committee(s) and date of last action: (S) FIN, 03/07/07
This bill would give a special appropriation to DHSS for payment of a grant to the Alaska Primary Care Association to create a community health centers program. APCA is a non-profit organization.
SB 160 MANDATORY UNIVERSAL HEALTH CARE
Sponsors: Senators French, Ellis, and Wielechowski
Committee(s) and date of last action: (S) FIN, 03/14/08
"This bill establishes a framework mandating and ensuring affordable health coverage for all Alaskans. A board of 11 stakeholders will oversee the plan, making certain that residents are able to choose and purchase coverage that provides adequate care. The bill also provides:
� A framework for personal choice: This bill facilitates a relationship between health insurance providers and individuals, and doesn't assume that a one size fits all solution will meet the health care needs of all Alaskans.
� A unique voucher system: By pooling money from all stakeholders, a sliding scale voucher system will ensure that every Alaskan can take personal responsibility for acquiring health insurance coverage. The system will also make it easy for multiple entities to contribute towards a health plan for an individual.
� A health care clearinghouse: The clearinghouse will disseminate information about quality health care products, assisting Alaskans who are utilizing vouchers under the Alaska health care plan.
"The Alaska health care fund: This fund will receive contributions from individuals, businesses and government to ensure that all interested parties contribute to the health of Alaskans." -Sen. French
SB 170 INSURANCE COVERAGE FOR WELL-BABY EXAMS
Sponsor: Senator McGuire
Committee(s) and date of last action: moved out of (S) RLS, 03/17/08
SB 170 would require any health care insurer that offers health insurance that covers a dependent of a covered individual to, initially and at each renewal, provide coverage for the cost of well-baby exams. Such coverage would still be subject to the standard policy provisions applicable to other benefits. The bill also defines certain terms: health care insurer, health care professional, and well-baby exam.
SB 179 DEPENDENT HEALTH INSURANCE; AGE LIMIT
Sponsor: Senator Davis
Committee(s) and date of last action: (S) HES, and (S) FIN, 03/31/08
SB 179 would prevent health care insurers who provide coverage of a child through family care insurance from denying enrollment for a dependent child of the insured who is less than 26 years of age. Such insurers would also be prohibited from denying enrollment and disenrolling or eliminating coverage for such dependent children.
SB 212 MEDICAL ASSISTANCE ELIGIBILITY
Sponsor: Senator Davis
Committee(s) and date of last action: FIN, 01/30/08
This bill would raise the eligibility level for Denali KidCare from 175% of the federal poverty level (FPL) to 200% FPL. It would affect eligible persons under 19 years of age and eligible pregnant women. SB 212 would also affect cost-sharing mechanisms for certain eligible recipients by raising the upper eligibility limit from 175% FPL to 200% FPL.
SJR 11 SUPPORTING U.S. VETERANS' HEALTH CARE
Sponsor: Senator Wielechowski
Committee(s) and date of last action: awaiting transmittal to governor, 03/21/08
This resolution calls for the Alaska State Legislature to ask the federal government for "adequate" funding for veterans' health care.
"The press has documented the neglect of Walter Reed Army Medical Center, and former Secretary of Veterans Affairs Anthony Principi has publicly stated that the Department of Veterans Affairs has been struggling to provide health care to the rapidly rising number of veterans who require it.
"As the state with the largest per capita number of veterans, it is essential that we send a clear signal of our commitment to care for our military personnel both on active duty and as veterans. While our legislature tries to do all we can for our vets and returning soldiers, our federal government has the primary responsibility of meeting the needs of our veterans. We need to call on Congress, as a state, to adequately fund critical veteran services." -Sen. Wielechowski
SB 259 EFFECTIVE DATE: MEDICAL ASSISTANCE LAWS
Sponsor: Rules by request of Legislative Council
Committee(s) and date of last action: (H) HES, 03/27/08
This bill would repeal certain provisions relating to applications for medical assistance coverage; make certain provisions of ch. 96, SLA 2006, retroactive; provide for an effective date by repealing an effective date section in ch. 96, SLA 2006; provide for an effective date for certain sections of ch. 96, SLA 2006; and provide for an effective date."
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| Bill Tracking: Mental Health |
HB 173 INVOLUNTARY PSYCHOTROPIC DRUG TREATMENT
Sponsor: Alaska Department of Health and Social Services
Committee(s) and date of last action: (H) HES and (H) JUD, 04/12/07
This bill would allow courts to approve the involuntary use of psychotropic drugs on patients after strict guidelines for such administration had been met. The bill would also make it so that the court's approval applies to the patient's initial period of commitment if the decision was reached during the initial period. If the decision is made during a period for which the initial commitment has been extended, then the court's approval would apply to the period for which the commitment was extended.
HB 239 SUBSTANCE ABUSE/MENTAL HEALTH PROGRAMS
Sponsor: Representative Dahlstrom
Committee(s) and date of last action: (H) HES and (H) FIN, 04/17/07
"House Bill 239 proposes several changes to Alaska's statutes concerning drug and alcohol abuse improving the quality of and access to treatment and prevention programs. The legislation:
� mandates priority treatment for pregnant women seeking help in overcoming addiction. This will hopefully have a positive impact by reducing the incidents of Fetal Alcohol Spectrum disorders and in turn save money;
� gives priority to state grantees who utilize evidence-based programs, as well as programs that address substance abuse prevention and addiction within prisons;
� supports the Department of Health and Social Services in their efforts to identify people with co-occurring mental and substance abuse disorders so this population can be better served; and
� ensures faith-based strategies for treating substance abuse are not discriminated against in statute." -Rep. Dahlstrom
SB 8 MENTAL HEALTH PATIENTS RIGHTS: STAFF GENDER
Sponsors: Senators Davis, Ellis, and Elton
Committee(s) and date of last action: (S) FIN, 02/06/08
"SB 8 provides that a mental health patient 18 years of age or older who is receiving mental health treatment and being provided intimate care at a hospital shall have the right to have care provided by a staff member who is the gender that the patient requests ... The supervisor or manager employed by a hospital shall post notice of this right in a conspicuous place, so patients know they may exercise this right when they are concerned about the gender of staff responsible for their personal intimate care ... the bill requires that the facility document the non-compliance in the patient record that the intimate care was provided by a licensed or unlicensed staff member of a gender opposite that requested by the patient ... Lastly, this bill will preserve information for inquiry into grievance procedures at mental health facilities under Title 47." -Sen. Davis
HB 312 APPROP: MENTAL HEALTH BUDGET
Sponsor: Senate Rules by request of the governor
Committee(s) and date of last action: conference committee appointed, 03/04/08, 03/07/08, 04/09/08, 04/10/08
This bill would make appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program.
SB 51 APPROP: MENTAL HEALTH BUDGET
Sponsor: Rules by request of the governor
Committee(s) and date of last action: (S) FIN, 01/19/07
This bill, written at the request of Governor Palin, makes appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program.
SB 186 MENTAL HEALTH PATIENT GRIEVANCES
Sponsor: Senator Davis
Committee(s) and date of last action: (S) HES and (S) FIN, 01/16/08
SB 186 would repeal and reenact the patient grievance procedure. It would clarify and expand the current statute, including the definition of who is a mental health patient under the statute, and would clarify the grievance procedure at facilities subject to the statute. The bill lays out what information a grievance form must include.
The bill also sets up three levels of review for grievances: an initial review by a supervisory staff member to attempt to reach a mutually agreed-upon resolution of the grievance; if a resolution is not reached, then the grievant must initiate a review by either the chief executive officer if it is a private facility or the commissioner's designee if it is a public facility within 20 days; the grievant may finally appeal the written decision from level two to the Office of Administrative Hearings within 20 days of the level two decision.
The bill also defines several terms used in the legislative language.
SB 195 MENTAL HEALTH CARE INSURANCE BENEFIT
Sponsors: Senator Davis and Ellis
Committee(s) and date of last action: (S) HES, (S) L&C, and (S) FIN, 01/16/08
This bill would affect how health care insurance policies treat certain mental health issues, including alcoholism and substance abuse. It would change certain requirements placed on insurers, including prohibiting the insurer from placing a greater financial burden on an insured for diagnosis or treatment of alcoholism or drug abuse than for other medical care. It also defines certain terms related to the changed statute. SB 195 changes language in certain places that clarifies covered medical care, and clarifies definitions of certain terms used in the bill.
SB 222 APPROP: MENTAL HEALTH BUDGET
Sponsor: Rules by request of the governor
Committee(s) and date of last action: (S) FIN, 01/16/08
This bill, written at the request of Governor Palin, makes appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program.
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| Bill Tracking: State Boards and Issues |
HB 114 EXTEND STATE MEDICAL BOARD
Sponsor: House Labor & Commerce committee
Committee(s) and /date of last action: (H) HES and (H) FIN, 03/12/07
This bill would extend the termination date of the State Medical Board through June 30, 2013.
HB 263 CITIZEN HEALTH ADVISORY BOARD
Sponsors: Representatives Cissna, Doll, Kawasaki, and Doogan
Committee(s) and date of last action: (H) HES and (H) FIN, 05/15/07
This bill proposes the formation of the Citizen's Health Advisory Board. It would be created within the Department of Health and Social Services and consist of the following commissioners or commissioners' designees: administration; health and social services; commerce, community, and economic development; corrections; environmental conservation; education and early development; public safety; labor and workforce development; and the attorney general or the attorney general's designee. The board would also consist of 32 persons nominated by all health units or districts who would represent the interested parties in the Alaska health care discussion, including but not limited to insurance companies, Native health care, legislators, and consumers. The stated purpose of the board is to develop strategies and recommendations to improve public health and health care, and to reduce health care costs for state businesses and residents.
HB 276 EXTEND ALASKA COMMISSION ON AGING
Sponsors: Representatives Doll, Lynn, and Wilson
Committee(s) and date of last action: (H) FIN, 02/13/08
HB 276 would extend the termination date of the Alaska Commission on Aging to June 30, 2016.
HB 279 COMMISSION ON AGING
Sponsors: Representatives Doll and Kerttula
Committee(s) and date of last action: awaiting next committee, then (H) FIN, 02/14/08
This bill would make changes to the duties and powers of the Alaska Commission on Aging and DHSS. Added to the duties of DHSS would be the ability to establish state policy relating to and administering federal programs subject to state control as provided under the Older Americans Act of 1965, and to administer the older Alaskans service grants under certain state statutes and the Adult Day Care and Family Respite Care grants. HB 279 would also affect the role of the Executive Director of the Commission, and would also affect various grants and programs administered by DHSS.
HB 337 HEALTH CARE: PLAN/COMMISSION/FACILITIES
Sponsor: Rules by request of the governor
Committee(s) and date of last action: 04/05/08
HB 337 would establish the Alaska Health Care Commission and the Alaska health care information office, and would repeal or annul certain regulations of the Certificate of Need program. The Alaska Health Care Commission would exist within the Alaska Department of Health and Social Services and would promote the development of a statewide plan to address the quality, accessibility, and availability of health care in the state, and would review and approve facility health care information to be placed in a database maintained by the Alaska health care information office. The Alaska health care information office would be responsible for maintaining an internet database of all health care facilities in the state to provide objective, unbiased, and factually-based information on such facilities.
HB 407 HEALTH REFORM POLICY COMMISSION
Sponsors: Representatives Hawker and Kawasaki
Committee(s) and date of last action: (H) HES and (H) FIN, 02/26/08
HB 407 would establish the Alaska Health Reform Policy Commission in the Department of Health and Social Services. The purpose of the commission is to consider the entire spectrum of health care related issues in the state and formulate targeted and specific policy recommendations to be considered by the legislature and by the executive branch.
HCR 1 PUBLIC HEALTH AND HEALTH COMPACT
Sponsors: Representatives Cissna and Gruenberg
Committee(s) and date of last action: (H) HES, 04/17//07
"Alaska faces a health crisis. The availability of accessible and affordable health care in our great state is challenged by a forecast of shrinking provider ranks and increased need for care, rising costs and limited funds to meet them.
"The Health Compact encourages all Alaskans to make healthy choices to promote their own health and well being, and to share their experiences and ideas with one another. It dedicates the remainder of the year 2007 as a time to join the Compact, and dedicates 2008 as a year for sharing ideas and taking action." -Rep. Cissna
SB 188 EXTEND ALASKA COMMISSION ON AGING
Sponsor: Senator Therriault
Committee(s) and date of last action: (S) L&C and (S) FIN, 01/16/08
SB 188 would extend the termination date of the Alaska Commission on Aging to June 30, 2016.
SB 209 EXTEND ALASKA COMMISSION ON AGING
Sponsors: Senators Davis and Ellis
Committee(s) and date of last action: (H) RLS, 04/03/08
SB 209 would extend the termination date of the Alaska Commission on Aging to June 30, 2016.
SB 245 HEALTH CARE: PLANNING/COMMISSION/FACILITIES
Sponsor: Rules by request of the governor
Committee(s) and date of last action: (S) FIN, 03/31/08
SB 245 would establish the Alaska Health Care Commission and the Alaska health care information office, and would repeal or annul certain regulations of the Certificate of Need program. The Alaska Health Care Commission would exist within the Alaska Department of Health and Social Services and would promote the development of a statewide plan to address the quality, accessibility, and availability of health care in the state, and would review and approve facility health care information to be placed in a database maintained by the Alaska health care information office. The Alaska health care information office would be responsible for maintaining an internet database of all health care facilities in the state to provide objective, unbiased, and factually-based information on such facilities. SB 245 would repeal the Certificate of Need Program over a two-year period.
SB 300 HEALTH CARE: PLANNING/COMMISSION/FACILITIES
Sponsor: Rules by request of the governor
Committee(s) and date of last action: (S) FIN, 03/17/08
SB 300 would establish the Alaska Health Care Commission and the Alaska health care information office, and would repeal or annul certain regulations of the Certificate of Need program. The Alaska Health Care Commission would exist within the Alaska Department of Health and Social Services and would promote the development of a statewide plan to address the quality, accessibility, and availability of health care in the state, and would review and approve facility health care information to be placed in a database maintained by the Alaska health care information office. The Alaska health care information office would be responsible for maintaining an internet database of all health care facilities in the state to provide objective, unbiased, and factually-based information on such facilities.
SCR 14 PERIANESTHESIA NURSES WEEK: FEB 2008
Sponsor: Senator Green
Committee(s) and date of last action: (H) RLS, 03/31/08
SCR 14 would proclaim February 14-10, 2008 as Perianesthesia Nurses Week.
SCR 17 BRAIN INJURY AWARENESS MONTH: MARCH 2008
Sponsors: Senators McGuire and Ellis
Committee(s) and date of last action: permanently filed, 03/10/08
SCR 17 would establish March 2008 as Brain Injury Awareness Month.
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| Bill Tracking: Family Health Issues |
HB 190 NURSING MOTHERS IN WORKPLACE
Sponsor: Representative Cissna
Committee(s) and date of last action: (H) L&C, 03/28/08
This bill would add a new section to AS 23.10 Employment Practices and Working Conditions to specifically address break time in the workplace for nursing mothers. HB 190 calls for reasonable unpaid break time each day for employees who are the nursing mothers of children to either breastfeed or express milk. The timing of such activities must occur at times during the workday that would reasonably ensure the health and comfort of the mother and child, and would allow the employee to maintain breast milk supply. The bill also calls for the employer to provide a private, secure, and sanitary room, or other location in close proximity to the work area, other than a toilet stall, where the employee can express milk or breastfeed the child, only so long as this provision would not create a substantial and undue hardship on the employer. The Department of Labor would enforce this section, and would be responsible for regulating the process by which an employee may register a complaint, and would also be able to issue civil fines to employers.
HB 301 PARTIAL-BIRTH ABORTION
Sponsors: Representatives Keller, Coghill, Lynn, Wilson, and Gatto
Committee(s) and date of last action: (S) JUD), 03/27/08
This bill would define the term "partial-birth abortion," as well as define several acts which are related to the larger definition.
SB 58 JURY DEFERRAL FOR BREAST-FEEDING WOMEN
Sponsor: Senator Elton
Committee(s) and date of last action: (S) JUD, 01/19/07
SB 58 would excuse breastfeeding women from jury duty. A woman may claim such legal exemption provided the child is less than three years of age. The bill would amend Rule 15 (1) of the Alaska Rules of Administration.
HB 270 MEDICAL FACILITY LICENSING/ABORTION
Sponsors: Representatives Coghill and Wilson
Committee(s) and date of last action: (H) HES and (H) JUD, 01/15/08
This bill would add a type of facility to the list of permissible locations in which to perform abortions. It would add facilities licensed as ambulatory surgical centers that are approved for the purpose by DHSS. HB 270 would also clarify issues regarding the payment for abortion services used by DHSS for such a purpose, and would also clarify what is meant by "ambulatory surgical center" for the purposes of performing abortions.
HB 364 NOTICE AND CONSENT FOR MINOR'S ABORTION
Sponsors: Representatives Coghill, Keller, Meyer, Stoltze, Lynn, Johnson, and Dahlstrom
Committee(s) and date of last action: (S) RLS, 03/18/08
This bill would amend the state's abortion laws to require unmarried, unemancipated women under the age of 17 to provide parental consent before obtaining an abortion. It amends the affirmative defense a physician may provide to define the "best clinical judgment of the physician or surgeon" when the abortion was performed because of serious life or physical health risk to the minor. HB 364 also discusses legal avenues that violations might take.
SB 113 NURSING MOTHERS IN WORKPLACE
Sponsor: Senator Ellis
Committee(s) and date of last action: (S) L&C and (S) HES, 03/27/08
SB 113 would require employers to "provide reasonable, unpaid break time to nursing mothers for the purposes of breastfeeding or expressing breast milk. The bill also requires employers to provide a sanitary and safe place for the employee to do so, unless doing it would create an undue hardship for the employer." -Sen. Ellis
SB 264 PARTIAL-BIRTH ABORTION
Sponsor: Senators Olsen, Green, and Huggins
Committee(s) and date of last action: (S) JUD, 03/12/08
This bill would define the term "partial-birth abortion," as well as define several acts which are related to the larger definition.
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| Bill Tracking: Workers Compensation |
HB 200 WORKER'S COMP: DISEASE PRESUMPTION
Sponsor: Representative Dahlstrom
Committee(s) and date of last action: (H) RLS, 03/04/08
HB 200 would grant "benefits to firefighters stricken with certain types of cancer and heart disease due to their exposure to toxic chemicals, and high levels of carbon monoxide ... The requirements of this bill are that the claims must be made within five years after the last day of employment ... HB 200 also includes a presumption that compensation for certain disabilities resulting from blood born pathogens be covered." -Rep. Dahlstrom
HB 361 WORKERS' COMPENSATION
Sponsor: Representative Crawford
Committee(s) and date of last action: (H) L&C, then (H) FIN, 02/08/08
HB 361 would require subcontractors without employees acting as independent contractors to secure payment for workers' compensation.
SB 117 WORKER'S COMP: DISEASE PRESUMPTION
Sponsors: Senators French and McGuire
Committee(s) and date of last action: (S) HES and (S) FIN, 02/19/08
"Senate Bill 117 would create a presumption in the Workers' Compensation program that a firefighter with at least seven years on the job who has passed health screening exams earlier in their careers will be provided with benefits if they contract certain forms of pulmonary or heart disease or cancers, as it will be presumed to be a result of their occupation. This presumption is restricted to diseases known to occur with greater frequency among firefighters, and is also capped so that claims cannot be made after sixty months from the firefighter's last date of employment." - Sen. French
SB 147 WORKER'S COMP EMPLOYER LIABILITY
Sponsors: Senators French, Wagoner, Thomas, Elton, Wielechowski, and Dyson
Committee(s) and date of last action: moved out of (S) L&C, 03/04/08
This bill seeks to remove the phrase "potentially liable" from the worker's compensation statute. Changes in 2004 to the statute allowed employers who are "potentially liable" for buying worker's compensation policies, but who do not actually do so, can still get the benefit of "exclusiveness of remedy," which means that employers who buy a policy know that there won't be court cases arising out of workplace accidents.
SB 287 WORKERS' COMPENSATION
Sponsor: Senator Wielechowski
Committee(s) and date of last action: (S) L&C, then (S) FIN, 02/19/08
SB 287 would require subcontractors without employees acting as independent contractors to secure payment for workers' compensation.
HB 320 SEARCH & RESCUE: CERTIFICATION/WORK.COMP
Sponsor: Representatives Meyer and Buch
Committee(s) and date of last action: (H) FIN, 03/26/08
"House Bill 320 extends workers compensation coverage to volunteers during the course of providing a search and rescue service. HB 320 also allows municipalities to extend the same coverage they provide to search and rescue volunteers that they extend to volunteer firefighters, police officers and ambulance attendants. HB 320 however does not require a municipality to extend workers compensation coverage." -Rep. Meyer
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| AHPR Staff |
Lawrence D. Weiss Ph.D., M.S., Editor
Jacqueline Yeagle, Marketing and Communications Manager
Elizabeth Agi, Associate Policy Analyst
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