Legislature(2017 - 2018)BELTZ 105 (TSBldg)

02/08/2018 01:30 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 155 REAL ESTATE APPRAISAL MNGMT. COMPANIES TELECONFERENCED
Moved SB 155 Out of Committee
-- Public Testimony --
*+ SB 116 EDUCATION TAX CREDITS;SUNSET;REPEALS TELECONFERENCED
Moved SB 116 Out of Committee
-- Public Testimony --
+ HB 126 ORGANIZED MILITIA: WORKERS COMPENSATION TELECONFERENCED
Moved CSHB 126(MLV) Out of Committee
-- Public Testimony --
*+ SJR 12 CONGRESS REVERSE FCC ON NET NEUTRALITY TELECONFERENCED
Moved SJR 12 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 105 MARITAL & FAMILY THERAPY LIC. & SERVICES TELECONFERENCED
Moved CSSB 105(L&C) Out of Committee
        SB 105-MARITAL & FAMILY THERAPY LIC. & SERVICES                                                                     
                                                                                                                                
1:33:38 PM                                                                                                                    
CHAIR COSTELLO announced  the consideration of SB  105. She noted                                                               
the proposed  amendment and stated  her intention to  take public                                                               
testimony and move the bill from committee.                                                                                     
                                                                                                                                
SENATOR  DAVID WILSON,  Alaska State  Legislature Juneau,  Alaska                                                               
sponsor of  SB 105, introduced  the legislation  paraphrasing the                                                               
following sponsor statement:                                                                                                    
                                                                                                                                
     If enacted, Senate Bill 105  would add licensed marital                                                                    
     and  family  therapists  to  the  list  of  independent                                                                    
     licensed  practitioners,   in  order  to   address  the                                                                    
     shortage   of   Medicaid-eligible   behavioral   health                                                                    
     providers  in  the  state,   afford  more  options  for                                                                    
     beneficiaries, and increase access to care.                                                                                
                                                                                                                                
     Currently,  licensed  marital   and  family  therapists                                                                    
     (MFTs)  are   only  allowed  to  provide   services  in                                                                    
     community  health clinics  or  physician mental  health                                                                    
     clinics, which  limits the number of  willing providers                                                                    
     in  the  mental  health  care  arena.  SB  105  expands                                                                    
     medical  assistance  reimbursement  services  to  cover                                                                    
     those services provided by MFTs.                                                                                           
                                                                                                                                
     Specifically, SB 105                                                                                                       
                                                                                                                                
        • Designates LMFTs as providers eligible to render                                                                      
          and   bill   for   Medicaid-funded   services   as                                                                    
          independent practitioners under Alaska Statute                                                                        
          47.07.030(b)                                                                                                          
        • Clarifies supervisory requirements for marital                                                                        
          family therapist licensees                                                                                            
        • Requires marital family therapist licensees to                                                                        
          carry    liability   insurance    for   regulatory                                                                    
          investigation fees of at least $30,000.                                                                               
        In 2016, the Alaska Board of Marital and Family                                                                         
      Therapy unanimously recommended the statute changes                                                                       
     contained in SB 105.                                                                                                       
                                                                                                                                
SENATOR  WILSON  said his  understanding  is  that the  foregoing                                                               
recommendations  were discussed  during the  hearings for  Senate                                                               
Bill 74  but weren't included  in the  final bill. The  board has                                                               
requested  these changes  and the  regulations have  been written                                                               
but won't be promulgated until SB 105 is enacted.                                                                               
                                                                                                                                
1:36:43 PM                                                                                                                    
GARY  ZEPP,  Staff,  Senator Wilson,  Alaska  State  Legislature,                                                               
Juneau,  Alaska, reviewed  the two  fiscal notes  attached to  SB
105. The fiscal  note from the Department  of Commerce, Community                                                               
and   Economic   Development   (DCCED)   appropriation   is   for                                                               
Corporations, Business  and Professional Licensing. The  total is                                                               
$1,300 for the services line in  FY 2019 and with no expenditures                                                               
in outlying  years. The revenue  collection is  receipt supported                                                               
and totals $1,300  for FY 2019 with no revenues  reflected in the                                                               
outlying years.  The summary  states that  the funding  is needed                                                               
for regulation review, advertising, printing, and postage.                                                                      
                                                                                                                                
The  fiscal  note  from  the  Department  of  Health  and  Social                                                               
Services  (DHSS)  appropriation  is for  Medicaid  services.  The                                                               
total is $50  thousand for the services line in  FY 2019 and $1.8                                                               
million in  the grants &  benefits line  for FY 2020  and beyond.                                                               
The revenue supporting  the fiscal note is a blend  of 66 percent                                                               
federal receipts  and general  fund match of  34 percent.  The FY                                                               
2019  revenue shows  $25  thousand of  federal  receipts and  $25                                                               
thousand  of general  fund match  totaling  $50 thousand.  Annual                                                               
revenue thereafter shows $660.5  thousand in federal receipts and                                                               
$340.3 thousand in general fund  match totaling $1.8 million. The                                                               
summary  states that  in FY  2019 the  $50 thousand  general fund                                                               
match is  for the development  of business rules in  the Medicaid                                                               
Management  Information  System   detailing  the  parameters  for                                                               
services  and  reimbursement.  FY 2020  and  annually  thereafter                                                               
reflect $1.8 million. It's the  average annual per recipient cost                                                               
times the  estimated number of recipients.  DHSS estimates $1,581                                                               
annually  per recipient  times 6,330  recipients for  a total  of                                                               
$1,000,773.                                                                                                                     
                                                                                                                                
1:39:28 PM                                                                                                                    
MR. ZEPP provided the following sectional analysis for SB 105.                                                                  
                                                                                                                                
     Section 1: Amends AS  08.63.100(a). Provides that 1,500                                                                
     hours  of clinical  contact with  couples, individuals,                                                                    
     and  families required  for  licensure  of marital  and                                                                    
     family  therapy  must  be  supervised.  Clarifies  that                                                                    
     1,500 hours  of clinical contact must  include at least                                                                    
     100 hours  of individual  supervision and 100  hours of                                                                    
     group supervision. Provides that  the required hours of                                                                    
     individual and  group supervision  may be  conducted by                                                                    
     one  or more  supervisors. Requires  that an  applicant                                                                    
     for a  license to  practice marital and  family therapy                                                                    
     must  have professional  liability insurance  including                                                                    
     coverage  of  at  least  $30,000  for  the  applicant's                                                                    
     regulatory investigation fees.                                                                                             
                                                                                                                                
     Section 2:  Provides the qualification for  a person to                                                                
     perform individual  supervision of a licensee  under AS                                                                    
     08.63 and  the qualifications  for a person  to perform                                                                    
     group supervision of a licensee under AS 08.63.                                                                            
                                                                                                                                
     Section 3: Adds marital  and family therapy services to                                                                
     the  optional services  that the  Department of  Health                                                                    
     and Social Services may  provide medical assistance for                                                                    
     under AS 40.07.030(b).                                                                                                     
                                                                                                                                
     Section  4:  Adds a  new  subsection  (g) that  defines                                                                
     "direct   supervision,"   "mental   health   [physician                                                                    
     clinic]," and "psychiatrist" for AS 47.07.030.                                                                             
                                                                                                                              
     Section 5 Adds a new  subsection (h) that provides that                                                                
     the department may reimburse  a mental health physician                                                                    
     clinic  for  certain  services   if  the  services  are                                                                    
     provided by  a psychiatrist or an  individual who works                                                                    
     under the  direct supervision of a  psychiatrist and is                                                                    
     licensed  to practice  as a  professional counselor,  a                                                                    
     marital  and family  therapist, a  physician assistant,                                                                    
     an  adult or  family  psychiatric  mental health  nurse                                                                    
     practitioner,  psychologist,  psychological  associate,                                                                    
     or clinical social worker.                                                                                                 
                                                                                                                                
     Section 6: Authorizes the department and the Board of                                                                  
        Marital and Family Therapy to adopt regulations                                                                         
     necessary to implement this act.                                                                                           
                                                                                                                              
      Section 7: Provides an immediate effective date for                                                                   
     Section 6 of this act.                                                                                                     
                                                                                                                                
      Section 8: Provides a January 1, 2018 effective date                                                                  
     for Sections 1-5 of this act.                                                                                              
                                                                                                                                
1:43:12 PM                                                                                                                    
CHAIR COSTELLO informed members of a friendly amendment to                                                                      
change the effective date to January 1, 2019.                                                                                   
                                                                                                                                
SENATOR MEYER moved Amendment 1.                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
                                                                                                                                
     Page 5, line 9:                                                                                                            
          Delete "2018"                                                                                                         
          Insert "2019"                                                                                                         
                                                                                                                                
CHAIR COSTELLO asked if there was objection to Amendment 1.                                                                     
                                                                                                                                
SENATOR GARDNER asked if the amendment addresses the DHSS fiscal                                                                
note that twice references a July 1, 2018 effective date in the                                                                 
analysis.                                                                                                                       
                                                                                                                                
CHAIR COSTELLO asked if the sponsor or staff could answer                                                                       
                                                                                                                                
1:45:14 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:45:41 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting and clarified that the                                                                    
fiscal note was updated to reflect the legislation.                                                                             
                                                                                                                                
SENATOR GARDNER withdrew her objection.                                                                                         
                                                                                                                                
CHAIR COSTELLO found no further objection and Amendment 1 was                                                                   
adopted. She noted who was available to answer questions.                                                                       
                                                                                                                                
SENATOR  GARDNER asked  if the  bill  would allow  LMFTs to  bill                                                               
Medicaid directly  as an independent  provider if they  choose to                                                               
do so.                                                                                                                          
                                                                                                                                
SENATOR WILSON clarified that the  bill would allow LMFTs to bill                                                               
Medicaid both under supervision and as a private entity.                                                                        
                                                                                                                                
SENATOR GARDNER questioned the statement  on the bottom of page 2                                                               
of the DHSS fiscal note that says:                                                                                              
                                                                                                                                
     Therefore, we  are unsure  of the  number of  LMFTs who                                                                    
     will be  interested in beginning to  independently bill                                                                    
     Medicaid,   subjecting    their   practices    to   the                                                                    
     documentation  and audit  requirements  that follow  on                                                                    
     enrollment in Medicaid as an independent provider.                                                                         
                                                                                                                                
She said  she was trying  to anticipate the beneficial  impact of                                                               
being able  to bill independently  when there are just  under 100                                                               
LMFTs in the state with an active license.                                                                                      
                                                                                                                                
SENATOR WILSON said that's their  decision; this is intended more                                                               
for the  nonprofit agencies  or grantees  that didn't  benefit as                                                               
intended  from the  Medicaid expansion.  The bill  also seeks  to                                                               
increase  capacity  to  meet the  demand  for  behavioral  health                                                               
services.                                                                                                                       
                                                                                                                                
CHAIR  COSTELLO asked  if marital  and family  therapist services                                                               
could be delivered through telemedicine.                                                                                        
                                                                                                                                
SENATOR WILSON deferred to Ms. McCarthy.                                                                                        
                                                                                                                                
CHAIR COSTELLO asked if there was any opposition to the bill.                                                                   
                                                                                                                                
SENATOR WILSON said no.                                                                                                         
                                                                                                                                
1:51:01 PM                                                                                                                    
CHAIR  COSTELLO determined  no one  wished to  comment and  close                                                               
public testimony on SB 105.                                                                                                     
                                                                                                                                
1:51:31 PM                                                                                                                    
SENATOR MEYER moved to report  SB 105, as amended, from committee                                                               
with individual recommendations and attached fiscal note(s).                                                                    
                                                                                                                                
1:51:49 PM                                                                                                                    
CHAIR COSTELLO  announced that  without objection,  CSSB 105(L&C)                                                               
moves from the Senate Labor and Commerce Standing Committee.                                                                    

Document Name Date/Time Subjects
SB 155 Version A.PDF SL&C 2/8/2018 1:30:00 PM
SB 155
SB 155 Sponsor Statement (1).pdf SL&C 2/8/2018 1:30:00 PM
SB 155
SB 155 Legal Sectional Summary.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
SB 155 Enacted State AMC Laws.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
SB 155 AMC Framework - Lexology Article.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
SB 155 AMC Registry Fees - Lexology Article.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
SB 116 ver U.PDF SL&C 2/8/2018 1:30:00 PM
SB 116
SB 116 Sponsor Statement .pdf SL&C 2/8/2018 1:30:00 PM
SB 116
SB 116 Sectional Analysis.pdf SL&C 2/8/2018 1:30:00 PM
SB 116
SB 116 Summary of Changes .pdf SL&C 2/8/2018 1:30:00 PM
SB 116
SB116 - Supporting Document - Education Tax Credit - Sumitomo Metal Mining Polo LLC .docx.pdf SL&C 2/8/2018 1:30:00 PM
SB 116
SB 116 - Supporting Document - CY2017 Education Tax Credit Report.pdf SL&C 2/8/2018 1:30:00 PM
SB 116
SB116 - Supporting Document - Education Tax Credit - Council of Alaska Producers.pdf SL&C 2/8/2018 1:30:00 PM
SB 116
SB 116 - Supporting Document - Kawerak Inc.pdf SL&C 2/8/2018 1:30:00 PM
SB 116
SB155-DCCED-CBPL-02-02-18.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
SB 116 FN.pdf SL&C 2/8/2018 1:30:00 PM
SB 116
HB126 version J.PDF SL&C 2/8/2018 1:30:00 PM
HB 126
HB126 Sponsor Statement 2.28.17.pdf SL&C 2/8/2018 1:30:00 PM
HB 126
HB126 Memo of Changes L&C 2.28.17.pdf SL&C 2/8/2018 1:30:00 PM
HB 126
HB126 Supporting Document-Letter Adjutant General Hummel 2.28.17.pdf SL&C 2/8/2018 1:30:00 PM
HB 126
HB126CS(MLV)-DOLWD-WC-02-02-18.pdf SL&C 2/8/2018 1:30:00 PM
HB 126
HB126CS(MLV)-DOA-DRM-02-02-18.pdf SL&C 2/8/2018 1:30:00 PM
HB 126
HB126-MVA-COM-1-22-18.pdf SL&C 2/8/2018 1:30:00 PM
HB 126
SJR 12 power point .pptx SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 VER SJR012A.PDF SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Sponsor Statement.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Sectional analysis.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 1 FCC decision to end net neutrality.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 1.1 Preemption of state regulation.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 2 Congressional review act.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 3 paid prioritization.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 4 FCC net neutrality Regulation.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 5 repeal will Hurt Small Businesses.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 6 Net Neutrality Survey.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 7 Fraud Comments.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 8 Gov. Walker letter.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 9 Tech Companies opposition.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 10 Diverse Group opposition.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 11 FCC fraud comments.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 12 FCC violations.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 13 ISP fact sheet reply.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
SJR 12 Supporting Doc 14 Letters of support.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
02.01.18 ABA Support for SB155 letter to Senator Costello.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
SB 116 Education Tax Credit 2.8.18.pptx SL&C 2/8/2018 1:30:00 PM
SB 116
SJR12-LEG-SESS-02-07-18.pdf SL&C 2/8/2018 1:30:00 PM
SJR 12
01.30.18 SB 155 - REVAA Letter of Support.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
02.08.18 SB 155 - Alaska Chamber letter of Support.pdf SL&C 2/8/2018 1:30:00 PM
SB 155
01.29.18 SB 155 Wells Fargo Letter of Support.pdf SL&C 2/8/2018 1:30:00 PM
SB 155