75th Legislative Session -- 2000
Committee: House Health and Human Services
Wednesday, February 7, 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 4
Moved by:
Representative Engbrecht
Second by:
Representative Monroe
Action:
Prevailed by voice vote.
HB 1252:
require the offering and rejecting of certain health benefits in certain
health benefit plans.
Refer to minutes of February 4
Presented by:
Representative Earley
Proponents:
Darla Lyon, Div of Insurance (Information only)
Opponents:
Kris Kreiter, Blue Cross Blue Shield Insurance
Darla Pollman Rogers, HIAA & SDALU
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:
Prevailed by voice vote.
MOTION:
DEFER HB 1252 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Peterson
Second by:
Representative Sebert
Action:
Prevailed by roll call vote.
(10-1-1-0)
Voting yes:
Broderick, Davis, Engbrecht, Hanson, Heineman, Hennies, McCoy, Monroe,
Peterson, Sebert
Voting no:
Fiegen
Excused:
Patterson
HCR 1011:
Calling upon the federal government to take responsibility for long-
term health care on Indian reservations and to implement a pilot project in South
Dakota.
Presented by:
Representative Peterson, Sponsor
Proponents:
Kevin Forsch, Dept of Health
Representative Hagen
MOTION:
ADOPT RESOLUTION HCR1011
Moved by:
Representative Davis
Second by:
Representative Patterson
Action:
Prevailed by roll call vote.
(12-0-0-0)
Voting yes:
Broderick, Davis, Engbrecht, Fiegen, Hanson, Heineman, Hennies, McCoy,
Monroe, Patterson, Peterson, Sebert
MOTION:
PLACE HB 1011 ON CONSENT
Moved by:
Representative Davis
Second by:
Representative Patterson
Action:
Failed by voice vote.
HB 1087:
provide for nursing home construction on an Indian reservation.
Presented by:
Representative Volesky, Prime Sponsor
Proponents:
Representative Hagen
Nick Braune,Peace & Justice Center
Opponents:
Kevin Forsch, Dept of Health
MOTION:
AMEND HB 1087
1087ta
On page
1
,
line
7 of the printed bill
,
delete "
twenty-mile radius.
"
and insert "
forty-five-mile
radius. No more than one such nursing facility may be located within the same Indian reservation,
and the number of beds in the nursing facility may not exceed thirty.
"
.
Moved by:
Representative Engbrecht
Second by:
Representative Hanson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1087 AS AMENDED
Moved by:
Representative Davis
Second by:
Representative Patterson
Action:
Failed by roll call vote.
(6-6-0-0)
Voting yes:
Davis, Engbrecht, Hanson, Hennies, McCoy, Patterson
Voting no:
Broderick, Fiegen, Heineman, Monroe, Peterson, Sebert
MOTION:
WITHOUT RECOMMENDATIONHB 1087 AS AMENDED
Moved by:
Representative Davis
Second by:
Representative Patterson
Action:
Prevailed by roll call vote.
(10-1-0-0)
Voting yes:
Broderick, Davis, Engbrecht, Hanson, Heineman, Hennies, McCoy, Monroe,
Patterson, Peterson
Voting no:
Fiegen
HB 1268:
prohibit the sale of certain tobacco products from displays that are
accessible to the public.
Presented by:
Representative Dick Brown, Prime Sponsor
Proponents:
Kitty Kinsman, ACS
Dean Krogman, American Heart Assn
Robert Roby, SD American Lung Assn
Jeremiah Murphy, (Information only)
Opponents:
Jerry Wheeler, SD Retailers
Dawna Leitzke, SD Pet.Marketers (Handout a)
Tim Dougherty, SD Liquor Dealers
MOTION:
AMEND HB 1268
1268j
On page
1
,
line
6 of the printed bill
,
delete everything after "
cigarettes
"
.
On page
1
,
line
7
,
delete "
ten packages
"
.
On page
1
,
line
7
,
delete "
single packages of
"
.
Moved by:
Representative Davis
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1268
1268jb
On page
1
,
line
10 of the printed bill
,
after "
products
"
insert "
or to any establishment licensed
under chapter 35-4 to sell alcoholic beverages for consumption on the premises where sold
"
.
Moved by:
Representative Davis
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1268 AS AMENDED
Moved by:
Representative Peterson
Second by:
Representative McCoy
Action:
Prevailed by roll call vote.
(7-4-1-0)
Voting yes:
Davis, Engbrecht, Fiegen, Hanson, Heineman, McCoy, Peterson
Voting no:
Broderick, Monroe, Patterson, Sebert
Excused:
Hennies
HB 1282:
prohibit physician assistants from performing or assisting at certain
medical tasks for the purpose of performing or inducing abortions.
Presented by:
Representative Klaudt
Proponents:
Dr Kelly Krizan, Radiologist
Rory King, Catholic Diocese of Aberdeen, SD
Opponents:
Steve Williams, SDAPA
MOTION:
AMEND HB 1282
1282ja
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. The performance of an abortion may not be delegated to any person not licensed
under chapter 36-4 and may not be part of a practice or collaborative agreement with a person not
licensed under chapter 36-4.
"
Moved by:
Representative Monroe
Second by:
Representative Heineman
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1282 AS AMENDED
Moved by:
Representative Monroe
Second by:
Representative Hennies
Action:
Prevailed by roll call vote.
(10-2-0-0)
Voting yes:
Broderick, Davis, Engbrecht, Fiegen, Hanson, Heineman, Hennies, McCoy,
Monroe, Sebert
Voting no:
Patterson, Peterson
MOTION:
TO AMEND TITLE OF HB 1282
1282mta
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
prohibit persons
other than physicians from performing or assisting at certain medical tasks for the purpose of
performing or inducing abortions.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative Hanson
Second by:
Representative Peterson
Action:
Prevailed by voice vote.
HB 1313:
prohibit smoking in certain public places.
Gavel passed to Vice Chair Monroe
Presented by:
Representative Fiegen, Prime Sponsor
Proponents:
Kitty Kinsman, ACS
Dean Krogman, AHA
Kris Kreiter, Blue Cross Blur Shield Ins
Robert Roby, SDALA
Opponents:
Jerry Wheeler, SD Retailers
Dawna Leitzke, SD Pet. Marketers
Jerimiah Murphy, Lorillard Tobacco Co.
Gavel returned to Chair
MOTION:
AMEND HB 1313
1313ja
On page
1 of the printed bill
,
delete lines
13
to
16
, inclusive
.
On page
2
,
delete lines
1
to
10
, inclusive
.
Moved by:
Representative Hennies
Second by:
Representative Broderick
Action:
Was not acted on.
The Chair deferred HB 1313 until Wednesday, February 9, with pending amendment..
MOTION:
ADJOURN
Moved by:
Representative Monroe
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
Margaret Nickels
_________________________________
Committee Secretary