Senate Commerce Minutes 02/07/2004 7:45 AM

Wmaker.save79^th Legislative Session _ 2004

Committee: Senate Commerce

Saturday, February 07, 2004

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Kelly
P    Koetzle
E    Schoenbeck
P    Sutton (Dan)
P    Bogue, Vice-Chair
P    McCracken, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator McCracken, Chair.

MOTION:     TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 5, 2004.

Moved by:    Bogue
Second by:    Kelly
Action:    Prevailed by voice vote.

         SB 193: restrict the investment of insurers in certain investment assets.

Presented by:    Senator Tom Dempster

MOTION:     AMEND SB 193

On page 1, line 9 of the printed bill, delete " face " and insert "market".

Moved by: Sutton (Dan)
Second by: Bogue

Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Bogue, McCracken

Excused:    Schoenbeck

MOTION:     DO PASS SB 193 AS AMENDED

Moved by:    Kelly
Second by:    Bogue
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Bogue, McCracken

Excused:    Schoenbeck

MOTION:     PLACE SB 193 ON CONSENT CALENDAR

Moved by:    Bogue
Second by:    Kelly
Action:    Prevailed by voice vote.

         SB 192: require that health care providers who have contracted with health carriers to provide discounted rates provide the same rates to persons who have health savings accounts.

Presented by:    Senator Tom Dempster
Proponents:    Darla Pollman-Rogers, AAHP-HIAA
        Dave Hewitt, SDAHO

MOTION:     AMEND SB 192

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. That § 58-17C-14 be amended to read as follows:

58-17C-14. A health carrier offering a managed care plan shall satisfy all the following requirements:

(1) A health carrier shall establish a mechanism by which the participating provider will be

notified on an ongoing basis of the specific covered health services for which the provider will be responsible, including any limitations or conditions on services;

(2) In no event may a participating provider collect or attempt to collect from a covered person any money owed to the provider by the health carrier nor may the provider have any recourse against covered persons for any covered charges in excess of the copayment, coinsurance, or deductible amounts specified in the coverage , including covered persons who have a health savings account ;

(3) The provisions of § § 58-17C-7 to 58-17C-26, inclusive, do not require a health carrier, its intermediaries or the provider networks with which they contract, to employ specific providers or types of providers that may meet their selection criteria, or to contract with or retain more providers or types of providers than are necessary to maintain an adequate network;

(4) A health carrier shall notify participating providers of the providers' responsibilities with respect to the health carrier's applicable administrative policies and programs, including payment terms, utilization review, quality assessment, and improvement programs, grievance procedures, data reporting requirements, confidentiality requirements, and any applicable federal or state programs;

(5) A health carrier may not prohibit or penalize a participating provider from discussing treatment options with covered persons irrespective of the health carrier's position on the treatment options, from advocating on behalf of covered persons within the utilization review or grievance processes established by the carrier or a person contracting with the carrier or from, in good faith, reporting to state or federal authorities any act or practice by the health carrier that jeopardizes patient health or welfare;

(6) A health carrier shall contractually require a provider to make health records available to the carrier upon request but only those health records necessary to process claims, perform necessary quality assurance or quality improvement programs, or to comply with any lawful request for information from appropriate state authorities. Any person that is provided records pursuant to this section shall maintain the confidentiality of such records and may not make such records available to any other person who is not legally entitled to the records;

(7) A health carrier and participating provider shall provide at least sixty days written notice to each other before terminating the contract without cause. If a provider is terminated without cause or chooses to leave the network, upon request by the provider or the covered person and upon agreement by the provider to follow all applicable network requirements, the carrier shall permit the covered person to continue an ongoing course of treatment for ninety days following the effective date of contract termination. In the

event of a covered person that has entered a second trimester of pregnancy at the time of contract termination as specified in this section, the continuation of network coverage through that provider shall extend to the provision of postpartum care directly related to the delivery;

(8) A health carrier shall notify the participating providers of their obligations, if any, to collect applicable coinsurance, copayments, or deductibles from covered persons pursuant to the evidence of coverage, or of the providers' obligations, if any, to notify covered persons of their personal financial obligations for noncovered services;

(9) A health carrier shall establish a mechanism by which the participating providers may determine in a timely manner whether or not a person is covered by the carrier. "

Moved by:    Sutton (Dan)
Second by:    Abdallah
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 192 AS AMENDED

Moved by:    Sutton (Dan)
Second by:    Bogue
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Bogue, McCracken

Excused:    Schoenbeck

MOTION:     TO AMEND TITLE OF SB 192

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "require participating providers to provide the same rates to persons who have health savings accounts.".

On page 1 , delete lines 2 and 3 .

Moved by:    Sutton (Dan)
Second by:    Bogue
Action:    Prevailed by voice vote.

         SB 194: exempt certain renter damage guarantee programs from insurance regulation.

Presented by:    Senator William Earley

MOTION:     DO PASS SB 194

Moved by:    Kelly
Second by:    Abdallah
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), McCracken

Excused:    Schoenbeck, Bogue

         SB 208: require certain insurers to offer high deductible health plans that meet the federal requirements for establishing health savings accounts.

Presented by:    Senator Dan Sutton (Document #1)
Opponents:    Darla Pollman-Rogers, AAHP-HIAA

MOTION:     AMEND SB 208

On page 1, line 7 of the printed bill, delete " shall " and insert "may".

Moved by:    Kelly
Second by:    Bogue
Action:    Failed by voice vote.

MOTION:     DO PASS SB 208

Moved by:    Kelly
Second by:    Sutton (Dan)
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Abdallah, Koetzle, Sutton (Dan), Bogue, McCracken

Voting No:    Kelly

Excused:    Schoenbeck

         HB 1045: revise the time period during which a boat license may be renewed.

Presented by:    Debra Hillmer, Department of Revenue and Regulation

MOTION:     DO PASS HB 1045

Moved by:    Bogue
Second by:    Abdallah
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Bogue, McCracken

Excused:    Schoenbeck

MOTION:     PLACE HB 1045 ON CONSENT CALENDAR

Moved by:    Abdallah
Second by:    Kelly
Action:    Prevailed by voice vote.

         HB 1046: revise certain provisions regarding the titling and registering of a vehicle by a dealer on behalf of a customer.

Presented by:    Debra Hillmer, Department of Revenue and Regulation

MOTION:     DO PASS HB 1046

Moved by:    Sutton (Dan)
Second by:    Bogue
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Abdallah, Kelly, Koetzle, Sutton (Dan), Bogue, McCracken

Excused:    Schoenbeck

MOTION:     PLACE HB 1046 ON CONSENT CALENDAR

Moved by:    Bogue
Second by:    Kelly
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Abdallah
Second by:    Bogue
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary Royal "Mac" McCracken, Chair

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