Legislature(2009 - 2010)HOUSE FINANCE 519

03/22/2010 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSHB 314(FIN) Out of Committee
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
Heard & Held
HOUSE BILL NO. 314                                                                                                              
"An Act relating  to fees and charges  for medical treatment                                                                    
or   services,   the   crime   of   unsworn   falsification,                                                                    
investigations,  and penalties  as they  relate to  workers'                                                                    
compensation; and providing for an effective date."                                                                             
1:37:05 PM                                                                                                                    
KONRAD JACKSON,  STAFF, REPRESENTATIVE KURT  OLSON, SPONSOR,                                                                    
reported that  HB 314  addresses medical  treatment, service                                                                    
fees,  and penalties  related to  worker's compensation.  He                                                                    
informed  the committee  that  the  Medical Services  Review                                                                    
Committee  met  a  number  of times  the  previous  year  to                                                                    
address   the  issues   and  generated   a  report   with  a                                                                    
recommendation to  set up a  medical services  fee schedule.                                                                    
House  Bill 314  sets up  the schedule  and addresses  civil                                                                    
penalties. The current  fee schedule cap expires  at the end                                                                    
of the year.                                                                                                                    
LINDA HALL,  DIRECTOR, DIVISION OF INSURANCE,  DEPARTMENT OF                                                                    
COMMERCE,  COMMUNITY AND  ECONOMIC DEVELOPMENT,  provided an                                                                    
overview  of the  background  and contents  of  HB 314.  She                                                                    
noted  that   when  changes  were   made  to   the  workers'                                                                    
compensation law in 2005, there  was an inadvertent deletion                                                                    
of the basis  of the Worker's Compensation Board  to adopt a                                                                    
fee  schedule.   An  expectation  that   stakeholders  would                                                                    
convene and  propose legislation  before August 1,  2007 was                                                                    
not met;  subsequently, the  department has  twice requested                                                                    
increases to the old 2004  fee schedule. She called the 2006                                                                    
and 2008 increases  "artificial, across-the-board." The most                                                                    
recent fee  schedule will expire  December 31, 2010.   After                                                                    
expiration, there will not be  a cap on charges by providers                                                                    
for services given to injured workers.                                                                                          
Ms.  Hall   referred  to  handouts  before   the  committee,                                                                    
beginning  with  "Workers  Compensation Medical  Losses  Are                                                                    
More  Than Half  of  Total Losses;  All Claims-NCCI  States"                                                                    
(copy  on file).  She explained  that NCCI  is the  National                                                                    
Council  on Compensation  Insurance,  the statistical  agent                                                                    
for Alaska  and 35 other  states. Data collected by  NCCI in                                                                    
the  36  states  show  medical expenses  in  2008  being  58                                                                    
percent  of  the  total system  cost  with  indemnity  (lost                                                                    
wages) at 42 percent.                                                                                                           
Ms. Hall  directed attention to  the second  chart, "Workers                                                                    
Compensation  Benefit Split  in Alaska;  All Claims--Alaska"                                                                    
(copy on  file), with pie  charts focusing on  statistics in                                                                    
Alaska only. She  noted that Alaska's medical cost  is at 72                                                                    
percent; the  equivalent of $0.72  of every dollar  spent on                                                                    
workers'   compensation  benefits   is   spent  on   medical                                                                    
services. She emphasized that  this was significantly higher                                                                    
than the national average.                                                                                                      
Ms. Hall turned to the  third chart, "Alaska Medical Average                                                                    
Cost per Case  vs. Countrywide" (copy on  file). She pointed                                                                    
out  that in  2008, Alaska  spent approximately  $40,000 per                                                                    
case; the national average is $26,000.                                                                                          
Ms.  Hall  referred to  the  final  chart, "Oregon  Worker's                                                                    
Compensation  Premium  Rates  Ranking, Calendar  Year  2008"                                                                    
(copy on file)  and emphasized that Alaska  ranks number one                                                                    
in  both 2006  and  2008 for  workers' compensation  premium                                                                    
rates. She believed that much  of the high premium costs are                                                                    
driven by medical costs.                                                                                                        
Ms. Hall acknowledged that the  proposed new fee schedule in                                                                    
HB 314  was not a "fix"  that would lower the  premiums, but                                                                    
she  asserted  it would  replace  the  consumer price  index                                                                    
(CPI) increases that  have created a static  schedule with a                                                                    
sustainable  schedule adding  back missing  procedure codes,                                                                    
language  for medical  supplies,  and transportation  costs,                                                                    
which have  seen dramatic increases. Ms.  Hall asserted that                                                                    
the  fee  schedule  in  the   bill  would  be  complete.  In                                                                    
addition,  a  vendor would  supply  the  information to  the                                                                    
Division  of Workers'  Compensation.  She  pointed out  that                                                                    
there would not be changes in the process.                                                                                      
1:43:32 PM                                                                                                                    
Ms. Hall  remarked that  the second part  of the  bill would                                                                    
update fraud  prosecution language.  She noted  that current                                                                    
language is insufficient to prosecute in cases of fraud.                                                                        
Ms. Hall  provided a sectional analysis,  beginning with the                                                                    
first section addressing the fee schedule:                                                                                      
     Section  1.  Amends  AS 23.30.097(a)  to  provide  that                                                                  
     after December  31, 2010,  the fee  may not  exceed the                                                                    
     usual,  customary  and  reasonable  charges  in  a  fee                                                                    
     schedule adopted  by the board  which must  include the                                                                    
     most  recent   Current  Procedural   Terminology  codes                                                                    
     maintained  by  the  American Medical  Association  for                                                                    
     category I, II and III  medical services and the Health                                                                    
     Care  Procedure  Coding  System for  medical  supplies,                                                                    
     injections,   emergency   transportations   and   other                                                                    
     medically  related  services.  The  fee  schedule  must                                                                    
     reflect  the  cost  in   the  geographical  area  where                                                                    
     services  are   provided  and  is   set  at   the  90th                                                                    
Ms.  Hall detailed  that  fees  in Alaska  are  based on  90                                                                    
percent   of  the   predominant   charges   in  an   Alaskan                                                                    
geographical area.                                                                                                              
Ms.  Hall  turned to  the  next  section providing  language                                                                    
regarding fraud:                                                                                                                
     Section 2.  Amends AS 23.30.250(a) to  clarify that the                                                                  
     behaviors  outlined  are  workers'  compensation  fraud                                                                    
     which may  be punished  under AS 11.46.120  - 11.46.150                                                                    
     (criminal law).                                                                                                            
Ms.   Hall  detailed   that   crimes   committed  in   false                                                                    
representation is considered  to be a felony  and subject to                                                                    
criminal prosecution.                                                                                                           
Ms.  Hall noted  that  the next  section separates  criminal                                                                    
penalties in Section 2 from civil penalties:                                                                                    
     Section 3.  Amends AS 23.30.250  (c) clarifies  that in                                                                  
     addition  to criminal  penalties, a  violation of  this                                                                    
     chapter may result in civil  liability with an award of                                                                    
     three times the amount of compensatory damages.                                                                            
1:46:47 PM                                                                                                                    
Ms. Hall detailed  that Section 3 enables a  civil action in                                                                    
addition to  criminal penalties,  noting that  attorney fees                                                                    
are on  top of  the three times  the amount  of compensatory                                                                    
Ms. Hall referred to the next sections:                                                                                         
     Section  4.  Amends  AS   23.30.280(a)  to  change  the                                                                  
     specific  statute citation  of  AS  23.30.250 to  "this                                                                    
     chapter" to broaden the  investigative authority to the                                                                    
     entire chapter.                                                                                                            
     Section 5.  Amends AS 23.30.280(b) to  delete reference                                                                  
     to  AS   23.30.250(a)  to  broaden  the   reporting  of                                                                    
     fraudulent acts to the employer.                                                                                           
     Section  6. Provides  for an  immediate effective  date                                                                  
     under   AS   01.10.070(c)    Section   1.   Amends   AS                                                                    
     23.30.097(a) to  provide that after December  31, 2010,                                                                    
     the  fee  may  not  exceed  the  usual,  customary  and                                                                    
     reasonable  charges in  a fee  schedule adopted  by the                                                                    
     board  which  must  include  the  most  recent  Current                                                                    
     Procedural Terminology.                                                                                                    
Representative Austerman asked  for clarification related to                                                                    
Page  2,  line  9  and  the  new  fee  structure.  Ms.  Hall                                                                    
responded that the fee schedule  is based on procedure codes                                                                    
done by  the American  Medical Association and  are standard                                                                    
throughout the  industry. She explained that  GENEX Services                                                                    
takes all the Alaska charges  in geographical areas and sets                                                                    
the schedule at the 90   percentile and replaces the current                                                                    
schedule only  in that it  updates and adds codes  and makes                                                                    
the charges in line with what is actually being billed.                                                                         
Representative  Austerman queried  the meaning  of the  90th                                                                    
percentile.  Ms. Hall  provided the  example of  putting ten                                                                    
charges for  knee surgery in  a line; 90 percent  would fall                                                                    
not a  percentage but becomes  a maximum amount.  She agreed                                                                    
the number was basically 90 percent.                                                                                            
Ms.  Hall added  that the  current fee  schedule is  missing                                                                    
approximately 2,000 procedure codes  that have been added to                                                                    
practice since the last update.                                                                                                 
1:50:29 PM                                                                                                                    
Vice-Chair Thomas  had questions  about the  measure related                                                                    
to  seasonal  workers.  He  asked  whether  damages  can  be                                                                    
recovered  if   a  seasonal  worker   intentionally  injures                                                                    
himself, makes a claim, and  then leaves the state. Ms. Hall                                                                    
replied that there are more  workers' compensation claims at                                                                    
the end of  the season and in difficult  economic times. She                                                                    
explained  that  an  employer can  go  before  the  Workers'                                                                    
Compensation Board to  challenge a claim. The  board is able                                                                    
to go out of state  and investigate. She thought the ability                                                                    
to  extradite  would  depend  on   the  amount  of  benefits                                                                    
collected. The  claim can be  challenged even if  the person                                                                    
has moved  within the  states; she was  not sure  about what                                                                    
would happen to a person who has left the country.                                                                              
Vice-Chair Thomas relayed  personal experience and expressed                                                                    
1:53:30 PM                                                                                                                    
Representative Fairclough  queried costs on the  current fee                                                                    
structure. Ms. Hall answered that  the structure had been in                                                                    
place since  2004. She estimated  that it did not  cost much                                                                    
to update the schedule, although it has been ineffective.                                                                       
Representative Fairclough asked  about letters of opposition                                                                    
the committee  had received related to  payment methodology.                                                                    
Ms. Hall  replied that she  had worked with two  groups with                                                                    
concerns.  Revisions were  made in  response to  concerns by                                                                    
the   state  medical   association.  She   noted  additional                                                                    
opposition from  those who felt the  original language about                                                                    
fraud prosecution  was too narrow.  The department  had made                                                                    
changes in the language that were satisfactory.                                                                                 
Representative  Fairclough quoted  from a  February 2,  2010                                                                    
letter  from the  Alaska Spine  Institute dated  in February                                                                    
2010   related  to   the  language   currently  before   the                                                                    
This  revised   language  provides   "the  board"   with  an                                                                    
undefined and  unlimited scope of authority  to make changes                                                                    
and  establish  policy  with  respect  to  the  medical  fee                                                                    
Representative   Fairclough  pointed   out  that   the  only                                                                    
difference she  could see is  an "and" provision on  line 14                                                                    
[page  2]  regarding  the   coding  system.  She  questioned                                                                    
whether the issues raised had been addressed.                                                                                   
Representative Gara  directed attention  to Section  3 (Page                                                                    
3, line  10) and  language regarding  liability of  a person                                                                    
guilty of fraud. He noted that  current law says a person is                                                                    
"entitled  to compensatory  damages  and an  award of  three                                                                    
times  the  amount  of  those   damages."  He  compared  the                                                                    
proposed  language: "economic  damages  as a  result of  the                                                                    
award  and  three  times  the  amount  of  the  compensatory                                                                    
damages." He questioned the reason for the language change.                                                                     
1:58:12 PM                                                                                                                    
ERIN A.  POHLAND, ASSISTANT ATTORNEY GENERAL,  DEPARTMENT OF                                                                    
LAW (via teleconference), explained  that the change was for                                                                    
clarification.  The change  is that  the person  who suffers                                                                    
from  economic harm  as a  result  of workers'  compensation                                                                    
fraud would be  entitled to three times  economic damages as                                                                    
compared   to  essentially   four  times   the  compensatory                                                                    
Representative Gara  pointed out that original  statute does                                                                    
not  have  the  word  "economic." He  noted  that  generally                                                                    
statutes talk in  terms of compensatory damages  a person is                                                                    
entitled.  He suggested  reverting  to compensatory  damages                                                                    
plus  an award  of three  times the  amount of  compensatory                                                                    
damages. He  asked the policy  reason for the  new language.                                                                    
Ms. Hall  did not know any  reason not to have  the original                                                                    
language in the bill.                                                                                                           
Representative  Gara understood  the intent  was to  make it                                                                    
clear  that the  amount of  compensatory language  was three                                                                    
times and not four. Ms.  Hall believed old language had been                                                                    
interpreted as  four times the damages.  Representative Gara                                                                    
pointed out  that a  person usually does  not get  the three                                                                    
times unless  they got the  compensatory damages;  he wanted                                                                    
to  know  if  the  goal  was  to  take  away  the  right  to                                                                    
compensatory damages.  Ms. Hall  responded that  taking away                                                                    
compensatory damages was not the goal.                                                                                          
2:02:18 PM                                                                                                                    
Representative Austerman  asked whether  eliminating Section                                                                    
3 would make the old language law.                                                                                              
Representative Gara  commented that  the bill says  a person                                                                    
would  be given  criminal penalties.  In addition,  a person                                                                    
would   get  compensatory   damages  plus   a  three   times                                                                    
multiplier.  To  be  consistent  with  current  statute,  he                                                                    
proposed starting with the word  "person" on line 9 to read:                                                                    
"person  for  compensatory  damages   as  a  result  of  the                                                                    
violation and  an award of three  times compensatory damages                                                                    
resulting from the violation".                                                                                                  
Co-Chair Stoltze requested an  explanation of the difference                                                                    
between   economic  and   compensatory  damages.   Ms.  Hall                                                                    
explained  that   compensatory  damages  are   broader  than                                                                    
economic damages and potentially more subjective.                                                                               
Representative  Gara  described  "compensatory  damages"  as                                                                    
resulting when  someone hits a  person in a car;  the person                                                                    
hit is entitled to compensation  for losses such as physical                                                                    
damages  and lost  wages,  although lost  wages  tend to  be                                                                    
called economic damages. He was  concerned that the bill was                                                                    
written just in terms of  economic damages. He asked whether                                                                    
the attorney  had problems with  going back  to compensatory                                                                    
damages plus  three times the  amount of  those compensatory                                                                    
damages. Ms.  Pohland believed there should  be a discussion                                                                    
with the  Department of Labor  and Workforce  Development in                                                                    
terms of  the policy  change. She  opined that  damages that                                                                    
would be  considered in a  workers' compensation  fraud case                                                                    
would be economic damages.                                                                                                      
Representative  Gara described  a hypothetical  situation in                                                                    
which there could be medical  damages as opposed to economic                                                                    
damages. Ms. Pohland  agreed and pointed out  that there are                                                                    
provisions  already  in  place   addressing  an  insurer  or                                                                    
employer's   failure  to   insure  (AS   23.30.155  and   AS                                                                    
23.30.255). Penalties and damages  are already in place; for                                                                    
example, there  is usually a penalty  provision (essentially                                                                    
an extra interest) that is tacked  on when an employer or an                                                                    
insurer have unfairly controverted  a claim. The legislation                                                                    
was  intended  to  address other  situations,  such  as  the                                                                    
intentional misclassification  of employees to  avoid paying                                                                    
workers' compensation premiums, or lying in a case.                                                                             
2:08:25 PM                                                                                                                    
Ms. Hall added  that one of the reasons for  the section was                                                                    
a "co-mingling"  of civil and  criminal language,  which had                                                                    
presented difficulty in  attempted prosecution. The language                                                                    
attempted  to clear  up the  confusion between  criminal and                                                                    
civil penalties.                                                                                                                
Representative  Austerman wanted  to ask  the Department  of                                                                    
Labor and Workforce Development about the change in policy.                                                                     
TRENA HEIKES,  DIRECTOR, DIVISION OF  WORKERS' COMPENSATION,                                                                    
DEPARTMENT OF LABOR AND WORKFORCE  DEVELOPMENT, did not know                                                                    
why  the  changes  were  made in  subsection  (c).  She  had                                                                    
recommended  a   change  in   the  attorney   fee  language.                                                                    
Currently, attorney's  fees allow  prevailing party  by law,                                                                    
but that is  a small percent of costs.  She requested adding                                                                    
an award of reasonable attorney's  fees, or recovery of full                                                                    
reasonable attorney's fees.  Regarding Representative Gara's                                                                    
question,  she did  not know  why the  change was  made. She                                                                    
recommended   deleting    the   language    "economic"   and                                                                    
"compensatory" so that damages are not delineated.                                                                              
Representative Gara  summarized that no one  had intended to                                                                    
change the damages a person is  entitled to. He asked for an                                                                    
evaluation by DLWD  of proposed changes: line 9  to 10 (page                                                                    
3)  cross  out  "who   suffers  economic"  and  insert  "for                                                                    
compensatory" after  "person" on  line 9;  on line  10 after                                                                    
"violation"  put "and"  instead of  "for". The  result would                                                                    
be: "a  person for compensatory  damages as a result  of the                                                                    
violation and an  award of three times".  Ms. Heikes replied                                                                    
that her first reaction was that  she did not have a problem                                                                    
with the proposal.                                                                                                              
Ms. Hall  felt the  proposed change  left the  intent intact                                                                    
and  clarified  the  issue  in  a  way  that  would  resolve                                                                    
2:14:06 PM                                                                                                                    
Ms.  Pohland  concurred  that  the  proposal  clarified  the                                                                    
language and makes  clear what damages a  person is entitled                                                                    
to without changing the original intent.                                                                                        
Representative Doogan understood  that the legislation would                                                                    
get  rid of  the application  of theft  by deception  in the                                                                    
statute and  replaces it  with being  guilty of  perjury and                                                                    
related offenses. He asked why  the change was being made in                                                                    
terms of the criminal code.                                                                                                     
Ms.  Hall  noted that  another  amendment  was pending  that                                                                    
would provide further clarity. She  stated that the goal was                                                                    
to make  workers' compensation fraud  more than  a paperwork                                                                    
problem or  theft by deception  but closer to  real workers'                                                                    
compensation fraud on the part  of an employee, provider, or                                                                    
employer.  In making  the change,  DCCED  was attempting  to                                                                    
clarify that it  was talking about other  specific things in                                                                    
Section 2.                                                                                                                      
Ms.  Heikes explained  that the  need for  the change  in AS                                                                    
23.30.250 arose  out of  a problem  DLWD had  in prosecuting                                                                    
for  fraud.  The  statute currently  says  that  the  intent                                                                    
element  of  the  crime  is  to  "knowingly"  make  a  false                                                                    
statement,  etc., that  the  person is  guilty  of theft  by                                                                    
deception. However,  theft by deception is  a higher intent.                                                                    
The law  appears to establish  two different  intents, which                                                                    
makes  prosecution difficult,  if not  impossible. For  that                                                                    
reason, DLWD  wanted just  one intent.  In the  re-write, AS                                                                    
23.30.250(a) provisions were gutted.                                                                                            
Representative  Doogan queried  whether  the proposal  would                                                                    
make  a  misdemeanor  a  felony  or  affect  other  "penalty                                                                    
creep." Ms. Heikes answered that  under the new statute, the                                                                    
felony  or  misdemeanor status  would  depend  on amount  of                                                                    
damage or the amount taken.                                                                                                     
2:19:12 PM                                                                                                                    
Co-Chair Stoltze MOVED to  ADOPT Amendment 1 (26-LS1354\R.1,                                                                    
Bailey, 3/9/10):                                                                                                                
     Page 1, line 2:                                                                                                            
     Delete "investigations,"                                                                                                   
     Page 2, line 24, through page 3, line 6:                                                                                   
                 Delete all material and insert:                                                                                
     "*Sec. 2. AS 23.30.250(a) is amended to read:                                                                              
    (a)     A person who (1) knowingly makes a false or                                                                         
         misleading statement, representation, or                                                                               
          submission related to a benefit under this                                                                            
          chapter; (2) knowingly assists, abets, solicits,                                                                      
          or conspires in making a false or misleading                                                                          
          submission affecting the payment, coverage, or                                                                        
          other benefit under this chapter; (3) knowingly                                                                       
          misclassifies employees or engages in deceptive                                                                       
          leasing practices for the purpose of evading full                                                                     
          payment of workers' compensation insurance                                                                            
          premiums; or (4) employs or contracts with a                                                                          
         person or firm to coerce or encourage an                                                                               
          individual to file a fraudulent compensation                                                                          
          claim [IS CIVILLY LIABLE TO A PERSON ADVERSELY                                                                        
          AFFECTED BY THE CONDUCT, IS GUILTY OF THEFT BY                                                                        
          DECEPTION AS DEFINED IN AS 11.46.180, AND] may be                                                                     
          prosecuted under AS 11 [PUNISHED AS PROVIDED BY                                                                     
          AS 11.46.120 - 11.46.150}.                                                                                            
Vice-Chair Thomas OBJECTED                                                                                                      
Co-Chair Stoltze  remarked that he offered  the amendment by                                                                    
request of the Department of Law.                                                                                               
Ms.  Hall  explained  that  the  amendment  further  refines                                                                    
language   to  clarify   and  separate   potential  criminal                                                                    
behavior   vs.   civil   behavior.  She   noted   the   word                                                                    
"investigations"  would  be  removed  from  the  title.  The                                                                    
deletion  of  Section 2  would  remove  references to  civil                                                                    
liability in  order to streamline the  legislation. Adoption                                                                    
of the changes would make Section  4 and Section 5 on page 3                                                                    
Representative  Doogan  wondered  if the  changes  mean  the                                                                    
entire criminal code would apply.                                                                                               
2:22:36 PM                                                                                                                    
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION-JUNEAU,  CRIMINAL   DIVISION,  DEPARTMENT   OF  LAW,                                                                    
explained  that  a person  who  commits  a crime  under  any                                                                    
pretext  is  subject  to prosecution  under  Title  11.  She                                                                    
reported that the department thought  it would be clearer to                                                                    
simply state  a person  who commits a  crime in  relation to                                                                    
this type of activity is  prosecutable under Title 11, since                                                                    
theft by  deception under Title  11 has  particular elements                                                                    
that need to be proven.                                                                                                         
Representative Doogan  reiterated his concern  regarding the                                                                    
amendment and  asked if  a more  discrete definition  of the                                                                    
offences  was  warranted.  Ms. Carpeneti  related  that  the                                                                    
Department of  Law's view  of violations  that occur  in the                                                                    
context of the worker's  compensation law is already subject                                                                    
to prosecution  under Title  11. It  is unnecessary  to list                                                                    
the specific  offences in the legislation.  The Department's                                                                    
intent in recommending that Title  11 be cross referenced in                                                                    
relation  to these  types of  crimes  was to  keep the  bill                                                                    
clear  , inclusive,  and expand  their ability  to prosecute                                                                    
fraud.  Representative Doogan  appreciated the  Department's                                                                    
2:28:56 PM                                                                                                                    
Representative  Gara asked  why  Sections 4  and  5 must  be                                                                    
deleted if Amendment  1 is adopted. He  assumed the sections                                                                    
broadened the  Department's investigative  and prosecutorial                                                                    
2:30:01 PM               RECESS                                                                                               
2:30:57 PM                                                                                                                    
MICHAEL  FORD, LIAISON,  DEPARTMENT OF  LAW, explained  that                                                                    
sections  4 and  5 were  in the  bill accidentally.  Changes                                                                    
were  made  in  the  Judiciary Committee  that  removed  the                                                                    
reference  to those  sections, therefore  Sections  4 and  5                                                                    
should  have been  removed  in  the CS.  He  added that  the                                                                    
sections could remain as a  matter of policy. Representative                                                                    
Gara  implied that  he did  not  want Worker's  Compensation                                                                    
investigators  feeling constrained.  Mr. Ford  believed that                                                                    
removal  of  Sections  4  and  5  simply  reflect  technical                                                                    
changes to correct an oversight.                                                                                                
Representative Gara requested  assurance from the Department                                                                    
of Labor and Workforce  Development. Ms. Heikes replied that                                                                    
the  DLWD  supports  removal  of   Sections  4  and  5.  She                                                                    
confirmed that  previously the  investigators could  not get                                                                    
prosecutions because  of confusion regarding intent  and the                                                                    
bill clarifies that.                                                                                                            
Vice-Chair  Thomas WITHDREW  his OBJECTION.  There being  NO                                                                    
OBJECTION, Amendment 1 was adopted.                                                                                             
Representative Gara MOVED to ADOPT Conceptual Amendment 2:                                                                      
     Page 3, lines 9-10:                                                                                                        
     Delete "who suffers economic" and replace with "for                                                                        
     Page 3, line 10:                                                                                                           
     Replace "for" with "and"                                                                                                   
Co-Chair Stoltze OBJECTED                                                                                                       
Representative Gara read the changes, "on behalf of a                                                                           
person for compensatory damages as a result of the                                                                              
violation and an award of three times the amount of                                                                             
compensatory damages…"                                                                                                          
Ms. Hall agreed with the amendment.                                                                                             
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
OBJECTION, Amendment 2 adopted.                                                                                                 
Co-Chair Stoltze requested discussion of the fiscal notes.                                                                      
Ms. Heikes  explained FN 2  (LWF) that the $75  thousand was                                                                    
for development of the new medical fee schedule.                                                                                
Vice-Chair  Thomas  MOVED to  report  CSHB  314(FIN) out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
CSHB  314(FIN) was  REPORTED  out of  Committee  with a  "do                                                                    
pass"  recommendation  and  with  two  previously  published                                                                    
fiscal notes: FN1 (LAW); FN2 (LWF).                                                                                             
2:37:31 PM               RECESS                                                                                               
2:51:26 PM               RECONVENED                                                                                           

Document Name Date/Time Subjects
07 HB314 Letter AK Spine Institute 2-2-10[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
08 HB314 Letter NFIB 1-31-10[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
09 HB314 NCCI AK Medical Cost Comparison[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
10 HB314 NCCI AK vs Countrywide Medical Cost per Case[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
11 HB314 NCCI All States Medical Cost Comparison[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
12 HB314 Letter ASMA 1-1-10[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
13 HB314 Suggested changes ASMA 1-1-10[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
14 HB314 Workers' Compensation Premium Rate Ranking cy 2008[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
14 HB314 Workers' Compensation Premium Rate Ranking cy 2008[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
15 HB314 8 AAC 45 082 Medical Treatment[1].pdf HFIN 3/22/2010 1:30:00 PM
HB 314
CSHB314 Amendment R.1.pdf HFIN 3/22/2010 1:30:00 PM
HB 314
HB314 Letter Accident-Injury Center 2-4-10.pdf HFIN 3/22/2010 1:30:00 PM
HB 314
HB314 Letter McNamara 2-3-10.pdf HFIN 3/22/2010 1:30:00 PM
HB 314
HB314 Sectional Analysis ver R.pdf HFIN 3/22/2010 1:30:00 PM
HB 314
HB314 Sponsor Statement ver R.pdf HFIN 3/22/2010 1:30:00 PM
HB 314
HB314 Summary of Changes ver A to ver R.pdf HFIN 3/22/2010 1:30:00 PM
HB 314
CSHB346 Sponsor Statement ver E.pdf HFIN 3/22/2010 1:30:00 PM
HB 346
HB346 LETTERS.pdf HFIN 3/22/2010 1:30:00 PM
HB 346
HB346 Sectional Analysis ver E.pdf HFIN 3/22/2010 1:30:00 PM
HB 346
HB346 summary of changes ver R to ver E.pdf HFIN 3/22/2010 1:30:00 PM
HB 346
HNBL HawkerStoltze HB346 3-19-10.pdf HFIN 3/22/2010 1:30:00 PM
HB 346
CS WORK DRAFT HB 369 26-LSI527 C version.pdf HFIN 3/22/2010 1:30:00 PM
HB 369
Sectional Analysis_FIN, version C HB 369.pdf HFIN 3/22/2010 1:30:00 PM
HB369CS(RES)-DEC-CO-3-16-10NEW.pdf HFIN 3/22/2010 1:30:00 PM
HB 369
HB369(RES)-DNR-SPCO-03-16-10NEW.pdf HFIN 3/22/2010 1:30:00 PM
HB 369
CSHB369(RES)-DNR-MLW-03-16-10NEW.pdf HFIN 3/22/2010 1:30:00 PM
HB 369