Legislature(2017 - 2018)BUTROVICH 205

01/29/2018 01:30 PM HEALTH & SOCIAL SERVICES

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Audio Topic
01:28:53 PM Start
01:29:29 PM HB43
01:43:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+= HB 43 NEW DRUGS FOR THE TERMINALLY ILL TELECONFERENCED
Moved CSHB 43(JUD) Out of Committee
            HB  43-NEW DRUGS FOR THE TERMINALLY ILL                                                                         
                                                                                                                                
1:29:29 PM                                                                                                                    
VICE  CHAIR  VON  IMHOF  announced the  consideration  of  HB  43                                                               
relating to new drugs for the  terminally ill. She noted that the                                                               
committee heard  from the  sponsor during  the first  hearing and                                                               
took public  testimony. [CSHB 43, version  30-LS0207\J was before                                                               
the committee.]                                                                                                                 
                                                                                                                                
1:30:00 PM                                                                                                                    
REPRESENTATIVE  JASON  GRENN,   Alaska  State  Legislature,  Bill                                                               
sponsor,  deferred   to  his  staffer,  Brooke   Ivy,  to  answer                                                               
questions previously raised by committee members.                                                                               
                                                                                                                                
1:30:16 PM                                                                                                                    
BROOKE IVY,  Staff, Alaska State Legislature,  answered questions                                                               
on HB 43. She noted that  she would respond to the four questions                                                               
raised during  the previous  committee meeting.  Governor [David]                                                               
Ige of  Hawaii had  vetoed Hawaii's Right  to Try  legislation in                                                               
2016. The  current status  of the legislation  in Hawaii  is that                                                               
Right to Try legislation, SB  2268, was reintroduced in Hawaii on                                                               
January 19, 2018.                                                                                                               
                                                                                                                                
She reported  that there are no  set time limits for  drugs in an                                                               
investigational   phase.  The   United  States   Food  and   Drug                                                               
Administration (FDA) determines when a  drug moves on to the next                                                               
phase of the drug review process.                                                                                               
                                                                                                                                
She reported that  it was difficult to determine  how often drugs                                                               
are distributed free of charge.  Many patient assistance programs                                                               
exist,  whether   through  the  manufacturer   directly,  patient                                                               
networks, or  research institutions. No public  reporting by drug                                                               
manufacturers  is required.  A journal  article from  2009 stated                                                               
that only four  percent of drug manufacturers  reveal the numbers                                                               
of patients they assist.                                                                                                        
                                                                                                                                
MS. IVY  reported that it  appears that most  insurance companies                                                               
do outline  their clinical trials  coverage in policies  to avoid                                                               
legal challenges. Premera  is very clear in its  material that it                                                               
usually does  not pay for  experimental or  investigational drugs                                                               
or treatments.                                                                                                                  
                                                                                                                                
1:35:42 PM                                                                                                                    
SENATOR MICCICHE  wondered why  this did  not become  law earlier                                                               
and what any opposition would be.                                                                                               
                                                                                                                                
MS. IVY  said the  most common  opposition is  the idea  of false                                                               
hope and to  note that the FDA compassionate  use program already                                                               
exists.    However, she  said  that  the point  of  HB  43 is  to                                                               
streamline the FDA process and cut through the lengthy red tape.                                                                
                                                                                                                                
1:37:08 PM                                                                                                                    
SENATOR MICCICHE asked why Hawaii vetoed the bill.                                                                              
                                                                                                                                
MS. IVY  said Governor  [Jerry] Brown  in California  vetoed this                                                               
legislation  in 2015,  but later  reversed his  veto. But  Hawaii                                                               
Governor Ige noted that veto  before Governor Brown later changed                                                               
it. Governor  Ige listed  four reasons for  vetoing the  bill: 1.                                                               
The FDA  compassionate care process  already provided  access. 2.                                                               
It  intervened   with  the  FDA   system,  which  may   have  the                                                               
inadvertent  consequence of  delaying new  drugs. 3.  It violated                                                               
the supremacy clause. 4. He was unsure of patient benefits.                                                                     
                                                                                                                                
She said  the Hawaiian legislation  passed without  opposition in                                                               
the  Hawaiian House  and  Senate and  she did  not  know why  the                                                               
governor's veto was not overridden.                                                                                             
                                                                                                                                
SENATOR BEGICH  said he would not  say that false hope  is better                                                               
than no  hope at  all. Any  hope is  better than  no hope  at all                                                               
because some of these drugs do work.                                                                                            
                                                                                                                                
VICE CHAIR VON IMHOF asked if  Premera provided a clause on how a                                                               
person could petition to get coverage for experimental drugs.                                                                   
                                                                                                                                
1:40:08 PM                                                                                                                    
MS.  IVY read  Premera's  written policy  that  says denials  for                                                               
experimental or investigational drugs can be reviewed.                                                                          
                                                                                                                                
VICE CHAIR  VON IMHOF entertained a  motion to move HB  43 out of                                                               
committee.                                                                                                                      
                                                                                                                                
1:40:58 PM                                                                                                                    
SENATOR  GIESSEL moved  to report  CSHB 43,  version 30-LS0207\J,                                                               
from committee with individual  recommendations and attached zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
1:41:13 PM                                                                                                                    
VICE CHAIR  VON IMHOF found  no objection and CSHB  43(JUD) moved                                                               
from the  Senate Health and  Social Services  Standing Committee.                                                               
She  noted  that  the  bill moved  with  the  understanding  that                                                               
Legislative Legal was authorized  to make any necessary technical                                                               
and/or conforming adjustments.                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB43 Additional Document - Letter from Premera.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Explanation of Changes D to J.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Fiscal Note DCCED-CBPL-01-19-18.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Powerpoint Presentation 1.20.2018.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Sectional Analysis ver J.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Sponsor Statement.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Supporting Document - Clinical Trials in Alaska.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Supporting Document - FDA Drug Review Process.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Supporting Document - Goldwater Institute Fact Sheet.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Supporting Document - Goldwater Institute Patient Stories.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Supporting Document - Legislative Map.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 Supporting Document - Letters of Support 4.11.17.pdf SHSS 1/29/2018 1:30:00 PM
HB 43
HB43 ver J.PDF SHSS 1/29/2018 1:30:00 PM
HB 43