92^nd Legislative Session _ 2017

Committee: House Commerce and Energy

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Beal
P    Gosch
E    Greenfield (Lana)
P    Hawley
P    Johnson
E    May
P    McCleerey
P    Mills
P    Pischke
P    Steinhauer
P    Willadsen
P    Zikmund, Vice-Chair
P    Rounds, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Rounds, Chairman.

MOTION:    TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 3, 2017

Moved by:    Willadsen
Second by:    McCleerey
Action:    Prevailed by voice vote.

    HB 1058: empower health care consumers.

Presented by:    Representative Anderson

MOTION:    AMEND HB 1058

---

1058da

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

"    Section1. That chapter 37-1 be amended by adding a NEW SECTION to read:

    Terms used in this chapter mean:

            (1)    "Health care provider," any provider of health care licensed pursuant to the provisions of either title 34 or 36 including physicians, hospitals, nursing home facilities, and any other health care facilities or providers;

            (2)    "Health insurance company," any entity that issues an insurance plan or product registered with the Division of Insurance pursuant to title 58;

            (3)    "Affiliate," any entity with which a health care provider shares a business ownership interest, partnership, affiliation, or other business connection by which the entities operate as part of a common enterprise. An affiliate of a company includes a subsidiary, company with a common ownership, health insurance plan, health network, health system entity, or other entity.

    Section 2. That chapter 37-1 be amended by adding a NEW SECTION to read:

    If a health care provider has an affiliate that is a health insurance company, that health care provider and its affiliates may not obstruct a patient's choice of health care by refusing to accept a patient's health insurance company's in-network payment or reasonably comparable payment. This prohibition to not obstruct a patient's choice only applies when the patient's health insurance company is an affiliate of another health care provider.

    Section 3. That chapter 37-1 be amended by adding a NEW SECTION to read:

    The division of insurance shall promulgate rules pursuant to chapter 1-26 to identify the criteria to be used to determine whether a health insurance company's in-network payment is a reasonably comparable payment in section 2 of this Act. A person, a state's attorney or the Attorney General, or an agency that has issued a license to a health care provider, may initiate an administrative contested case pursuant to chapter 1-26 to remedy the obstruction of a patient's choice of health care. The remedy may include the revocation of the license of a health care provider who obstructs a patient's choice of health care.

    Section 4. That chapter 37-1 be amended by adding a NEW SECTION to read:

    A person injured by a violation of section 2 of this Act may bring an action for appropriate

injunctive or other equitable relief, damages sustained, taxable costs, and reasonable attorney's fees. The trier of facts shall increase the recovery under this section to three times the damages sustained. An action to recover damages under this section is barred if it is not commenced within four years after the claim for relief accrues."

Moved by:    Willadsen
Second by:    Hawley
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1058 UNTIL WEDNESDAY, FEBRUARY 8, 2017

    HB 1179: revise certain provisions related to exemptions from licensure for nonresidential mortgage loans.

Presented by:    Jeremiah Murphy, South Dakota Holdings

        THE CHAIR DEFERRED HB 1179 UNTIL MONDAY, FEBRUARY 13, 2017

    HB 1120: create protections and accommodations for pregnant and breastfeeding mothers in their places of employment.

Presented by:    Representative Ahlers
Proponents:    Amy Kelly-Osdoba, OBGYN
        Samantha Spawn, Naral Pro-Choice South Dakota
        Janae Hansen, National Association of Social Workers
Opponents:    Bill VanCamp, South Dakota Retailers Association
        Justin Smith, Sioux Falls Area Chamber of Commerce
        Julie Johnson, SD Society of Human Resource Managers
        Michele Brich, South Dakota Hotel and Lodging Association
        Lindsey Riter-Rapp, National Federation of Independent Business
        David Owen, SD Chamber of Commerce & Industry
        Brenda Forman, South Dakota Association of Cooperatives
        Deb Mortenson, Associated General Contractors of South Dakota

MOTION:    DO PASS HB 1120

Moved by:    Hawley
Second by:    Mills
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER HB 1120 TO THE 41^ST LEGISLATIVE DAY

---

Moved by:    Zikmund
Second by:    Willadsen
Action:    Prevailed by roll call vote. (8-3-2-0)

Voting Yes:    Beal, Gosch, Johnson, Mills, Steinhauer, Willadsen, Zikmund, Rounds

Voting No:    Hawley, McCleerey, Pischke

Excused:    Greenfield (Lana), May

    HB 1104: revise certain motor vehicle liability insurance requirements.

        THE CHAIR DEFERRED HB 1104 UNTIL TO WEDNESDAY, FEBRUARY 8, 2017

MOTION:    ADJOURN

Moved by:    Beal
Second by:    McCleerey
Action:    Prevailed by voice vote.

Shirley Ellewein

Committee Secretary

---

../02061000.HCO