75th Legislative Session -- 2000

Committee: House Health and Human Services

Friday, February 4, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Broderick
P      Davis
P      Engbrecht
P      Fiegen, Chair
P      Hanson
P      Heineman
P      Hennies
P      McCoy
P      Monroe, Vice-Chair
P      Patterson
P      Peterson
P      Sebert


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Fiegen


MOTION:      TO APPROVE THE MINUTES OF February 2

Moved by:      Representative Davis
Second by:      Representative Engbrecht
Action:      Prevailed by voice vote.

MOTION:      Approve Permanent Rules

Moved by:      Representative Davis
Second by:      Representative Hanson
Action:      Prevailed by voice vote.

          HB 1053:   revise certain provisions relating to the practice of optometry.
Previous Testimony in minutes of Feb 2

Proponents:      Ron Schmidt, SDOS (Handout b)
Opponents:      Dean Krogman, SDSMA, ( Handout a)



MOTION:      DEFER HB 1053 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Davis
Second by:      Representative McCoy
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1053

Moved by:      Representative Broderick
Second by:      Representative Hennies
Action:      Prevailed by roll call vote.   (7-5-0-0)

Voting yes:      Broderick, Engbrecht, Hanson, Hennies, McCoy, Monroe, Sebert

Voting no:      Davis, Fiegen, Heineman, Patterson, Peterson

          HB 1189:   provide for uniform prescription drug information cards.

Presented by:      Representative Fischer-Clemens, Prime Sponsor
Proponents:      Jerry Wheeler, SDRA
          Brian Gallagher, NACD (Handout c)
          Louis Van Roekel, Pharmacist, Pierre, SD
Opponents:      Darla Lyon, Div of Ins :(Information only)
          Mike Shaw, American Family Insurance
          Dick Tieszen, State Farm Insurance
          Bob Sahr, Attorney of BOP
          Darla Pollman Rogers, HIAA and SDHCA
        Malcolm McKillop, SDASB
        Dave Hewitt, SDHCA

MOTION:      DEFER HB 1189 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Hennies
Second by:      Representative Engbrecht
Action:      Prevailed by roll call vote.   (10-2-0-0)

Voting yes:      Broderick, Engbrecht, Fiegen, Hanson, Heineman, Hennies, McCoy, Patterson, Peterson, Sebert

Voting no:      Davis, Monroe

Gavel passed to Chaiar Monroe

          HB 1279:   provide penalties for certain violations of cremation laws.


Presented by:      Representative Putnam, Prime Sponsor,(Handout d)

MOTION:      DO PASS HB 1279

Moved by:      Representative Hennies
Second by:      Representative Patterson
Action:      Prevailed by roll call vote.   (11-0-1-0)

Voting yes:      Broderick, Davis, Engbrecht, Hanson, Heineman, Hennies, McCoy, Monroe, Patterson, Peterson, Sebert

Excused:      Fiegen

MOTION:      PLACE HB 1279 ON CONSENT

Moved by:      Representative Hennies
Second by:      Representative Peterson
Action:      Prevailed by voice vote.

          HB 1280:   increase the penalty for certain violations regarding vital records and the disposition of dead bodies.

Presented by:      Representative Putnam, Prime Sponsor

MOTION:      DO PASS HB 1280

Moved by:      Representative Davis
Second by:      Representative Hennies
Action:      Prevailed by roll call vote.   (11-0-1-0)

Voting yes:      Broderick, Davis, Engbrecht, Hanson, Heineman, Hennies, McCoy, Monroe, Patterson, Peterson, Sebert

Excused:      Fiegen

MOTION:      PLACE HB 1280 ON CONSENT

Moved by:      Representative Patterson
Second by:      Representative Hennies
Action:      Prevailed by voice vote.

          HB 1145:   provide for a Health Care Cost Task Force.

Presented by:      Representative Larry Lucas, Prime Sponsor
Proponents:      Senator Kloucek

Gavel returned to Chair Fiegen

MOTION:      DO PASS HB 1145

Moved by:      Representative Davis
Second by:      Representative Patterson
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1145 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Broderick
Second by:      Representative Hennies
Action:      Prevailed by roll call vote.   (8-4-0-0)

Voting yes:      Broderick, Engbrecht, Fiegen, Heineman, Hennies, McCoy, Peterson, Sebert

Voting no:      Davis, Hanson, Monroe, Patterson

          HB 1252:   require the offering and rejecting of certain health benefits in certain health benefit plans.

Presented by:      Representative Earley, Prime Sponsor
Proponents:      Darla Lyon, Division of Insurance
Opponents:      Mike Shaw, American Family Insurance
          Dick Tieszen, State Farm Insurance

MOTION:      AMEND HB 1252

1252ja

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

"      Section 1. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

     An insurer that has a policy or certificate of health insurance subject to the provisions of this chapter shall, in addition to the benefits required by this title, offer any prospective insured the option to purchase any benefits that the insurer currently offers either as a separate option, as a rider, or as part of a standard or core benefit package in a policy or certificate. The insurer shall allow the prospective insured to reject any of the standard or core benefits offered in the policy or certificate and obtain the policy or certificate at a reduced rate based upon the actuarial difference in benefit plan design. Nothing in this Act requires any insurer to offer any type of coverage that the insurer would not otherwise make available to qualified applicants. No prospective insured may reject coverage provided pursuant to §  58-17-88 or the Women's Health and Cancer Rights Act of 1998.


     Section 2. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

     An insurer may file policy forms for approval to meet the requirements of this Act by including benefit provisions that are variable based upon the selection of the benefit structure by the applicant. Each policy benefit which is to be offered as a separate option must use a rate that is actuarially justified, that is filed and approved pursuant to §  58-17-4.1, and that is subject to §  58-17- 64. An insurer may charge reasonable fees for extra processing costs associated with policies issued pursuant to this Act. Such fees must be separately listed on the policy schedule page. This section does not apply to provisions of the policy other than policy benefits. The provisions to which this section does not apply include free look, renewal clauses, preexisting condition clauses, consideration, general provisions, claims payment, eligibility, managed care, and termination of coverage.

     Section 3. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this Act applies to a basic hospital expense policy, a basic medical-surgical expense policy, a hospital confinement indemnity policy, a disability or disability income policy, an accident only policy, a specified disease policy, or a limited benefit health coverage. "



Moved by:      Representative Peterson
Second by:      Representative Broderick
Action:      Was not acted on.

The Chair deferred HB 1252 until February 7,with the pending amendment.

MOTION:      ADJOURN

Moved by:      Representative Hanson
Second by:      Representative McCoy
Action:      Prevailed by voice vote.



Margaret Nickels

_________________________________

Committee Secretary
Kristie K. Fiegen, Chair


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