Insurance & Commerce - Senate

Senate wanted to run and house bill thirteen thirteen. All right House Senate bill three four fifty one. House bill thirteen forty nine. If you will recognize yourself for the record you are. Thank you madam chair representative David Ray District sixty nine. Colleagues Senator Dotson had to be in a different committee this morning so he asked me to come and present this bill this is the sports bill that everyone heard last week Senator Dotson made an amendment in committee and then after that we we huddled up with the casinos who wanted to visit with us about that amendment make sure they understood the impact of it and said Dotson added another amendment that they were that they suggested you'll find it it's it's engrossed now it's on page two lines twelve to fifteen it just includes two more things that exclusionary definition E. sports does not include it does not include anything involving horse racing or dog racing as well as any electronic pull tab game so that's the only change from when you saw the bill last week and would be happy to answer any questions. Senator Johnson you're recognized for questions thank you madam chair of representative ray I've. For this bill came to committee I don't know what the sports was I certainly didn't realize that my alma mater had a team for so it's it's been a revelation for me but I had some concerns on on the gambling side of it and I'm I'm I'm I'm glad that the specific last two lines of the bill talk about not authorized and I assume that is seen nose on your man with its on page two were basically. They are not they're wanting exclusion of their particular game so have we. Clarified that the sports doesn't include the items that you put on on sixteen through nineteen page two and that the thirty one and thirty two on page three it says that or at least strongly indicates that this is not authorized be something big for business something not authorized or not Jack in the same things but are you comfortable that these would exclude any. Casino book on. This particular sport yes Sir I am And we've visited with them yesterday they said under the current rules they're not allowed to to offer wagers on that but because its virtual in nature that's the rule that they pointed to but yeah as you mention on line thirty one and thirty two page three we make make it clear that is not authorized by this chapter and then when we initially sat down with the casinos to visit about this bill they just wanted to ensure that the E. sports games that we're going to be played were not casino type games rights the would have a video poker tournament for example so that's why we had it all that language in there and everyone's comfortable with that at this point well I am too thank you representative right thank you madam chair thank you other other questions from members of the committee. C. nine anyone here to speak for or against this bill. C. nine was pleasure of the Committee. Motion to pass second all those in favor say aye and oppose ayes have it congratulations you've passed your bill thank you Committee thank you resentment representative McKenzie. Thank you madam chair representative McKenzie seventeenth street Rogers Arkansas here today president thirteen thirty H. bat house bill thirteen thirty eight This a very long table and this is a very small bill they don't do very much outside of the fact getting much needed clarity to our existing Arkansas videos Services Act there's been one municipality the State of Arkansas that attempted to create litigation against content providers like Netflix and Hulu because of the vagueness in the school and vagueness in language as it was written and adopted in two thousand thirteen that didn't SO keep up or state tax to modernization of telecommunication technologies That litigation was kicked out of the eight circuit because of its broad interpretation this bill helps to clarify and modernize our console video services act it It establishes that the the use of the right of way is meant for the actual devices implements and technology that is in the right of way as opposed to the information it passes across that cable or cord in the right of way. So with that happy answer questions right now there any questions for members of the committee Senator Johnson you're recognized for a question thank you madam chair of representative McKenzie hi this seems to be good bill to clarify some things I just want to get it straight in my mind. You can get video programming across state co actual cable that is on the public right of way lack the well the city Conway owns their own system but but it could be a franchisee like AT and T. correct it could also come on twisted pair with a DSL connection and it would also like in my case come through a satellite dish that drops in from the sky over the earth and go straight into my house does this treat all of those. Ways that that. Information or data gets to my television the sign yes Sir so we're really just actually smoothed out the bumps but that's percent popped in my mind it's it's it's a provider neutral correct yeah and for what it's worth Tell all telecommunication companies that have been made made aware of this are either neutral or have no opinion that municipally is has not been on this bill either so great I just wanna make sure we're not leaving a loophole that you for example you're you're giving a detailed break you don't give a dish or somebody no preferential treatment in this one okay it looks like a good bill thank you thank you mention yes are there any other questions from members of the committee. C. nine anyone here to speak for or against this bill. C. nine you're recognized close for your bill and because regular all right. Motion to pass and seconds all those in favor say aye. And opposed as habit congratulations you've passed your bill the chair thank you senator Boyd. Senate bill three sixty eight. Thank you madam chair with your permission I'm going to begin so Senate bill three sixty eight what it it is very simple all it does is if you're going to sell an insurance policy and the deductible is going to be sold in the terms of percentage so like if it's a one point four million dollar asset and say it's a five percent deductible that would be a seventy thousand dollar deductible you have also have to list in addition to the five percent that the deductible would be seventy thousand dollars. I've had no body. Tell me off for any problems with it. All right. Any questions from members of the committee. Anyone here to speak for or against this bill. C. nine you've close for your bill I'm close to make a motion to pass motion to pass second all those in favor say aye and oppose ayes have it congratulations you passed your bill. Okay I'm just moving down the agenda house bill ten twenty. House bill thirteen eighty nine. House bill thirteen eighty nine. I feel to state your name for the record you're recognized. Hello my name is Zachary my state representative I'm going to ask Paul during come to the table to answer some questions okay. That's fine. If you know the state your name for the record please good morning Michael Harmon department of finance administration office let revenue legal counsel all right in for Paul thank you so much representative Frank you're recognized for seed thank you thank you any Hello thirteen eighty nine is It's going to require our at casinos in the state to do federal background checks on anyone is it wasn't anyone who works for the casino there's there's very few exceptions but there's a. List of individuals that will need to get a federal background checks to include individuals who were involved in gaining anyone who to work on the Sheens anyone who services to concede on a variety of ways make seven hundred three thousand dollars in a number of other specific specific areas but the goal of the bill is to just increase the safety and security of gaming in Arkansas president bad actors from. Being have effective any instruments. No Sir I book I believe you've covered most of the issues there is this is a follow up on previous legislation where we've run into instances where the FBI was not able to do a background check for us and we were provided information as to how to go about getting that done and so we follow their advice and this is the the what we're presenting to you in order to to allow the background checks of these a service industry employees. Great thank you all right thank you are there any questions Senator Johnson you're recognized for a question thank you madam chair representative Graham says look like pretty clean bill what I have just one little question check. You may recall we had a bill While back. About a petition canvassers having. A criminal background check and it was it we we call the basically that we had to do the check but what they didn't have to pass the check. And I want to clarify that they have to pass this check regardless of who it with the F. B. I. reports done this state police so this is there's if if there's anything. This is anything defined dubious maybe I should say under the current law that probably already in there some definition of what would be a disqualifying item that comes up in the background check just wanna make sure that it's that were not in the situation again where yes you got to go through the background check but you don't necessarily have to pass so it's like saying you want to go to college you got to take the ACT but you don't have to have a good score. that's that's a great question I know I know there's a couple spots in the bill it talks about like you if you're making false statements under these applications you're better background checks and stuff like that so it's Class C. misdemeanor doing it's much Collins if if I may Jennifer rushing with the casinos section of the DFA's he or she may be able to better answer that if I could ever come to the table thank you thank you Mr. However Jennifer Russian their fate is in our gaming My question yes yes yes so the answer your question is yes we do use the background check to approve or deny their life. If they had a felony within the last ten years they will be denied now they can appeal that decision to the commissioners. Mr Wade that will but right now it says that they could not have had a felony in the last ten years any felony any felony okay great thank you very much as grading thank you. Thank you any other questions for members of the committee. All right scene nine anyone here to speak for or against this bill. C. nine you're recognized close for your bill I'm close for the all right motion motion do pass second. All those in favor say aye. And oppose ayes have it congratulations you faster the manager thank you are right house bill fourteen thirty six. Has over Passover fourteen thirty eight. As. Fourteen thirty nine. Okay. Yes sign house bill fourteen eighty one. I must begin I'm sure. Yes to state your name for the record and we'll proceed to senator Justin Boyd district twenty seven. so this bill house bill fourteen eighty one it has a lot of words to do something very simple so it affects around six hundred thousand commercial insurance plans but what it does is it helps the patient at the point of sale so any time there's a R. I would I can't say any time much of the time that there's a prescription sale there's also a rebate on the back in and so what this bill does is IT service to help make sure the patient who is driving that rebate to the plan hello also benefits from that so any so if there's co insurance or a deductible it would make that based on the net price of the drug not the list price of the drug that said I'm happy to try to answer any questions. Other questions from the members of the committee. Senator Dismang you're recognized for a question. Yeah I just wanna make sure I understand it all jobs. House Bill fourteen eight and one is your discount costs associated with what we're doing here. So so Senators let me let me be clear I'm the only person who benefits from this is the patient at the point of sale the patient is driving the rebate there been at least three studies done it most there's a nominal increase of six tenths percent and and rates but again nobody would benefit from those rebates if that patient work showing up filling that prescription so this is an opportunity for that patient to share in the savings. Also it's being done currently in West Virginia to introduced in eight other states okay I mean I would preferred just to. Right on committee anyway I don't wanna be the guy that's going to make we can wait till next week give me just chance kind of read through the bill little bit better I'm proud of is a should be well I mean I've got other people I mean I'm at the work or server the pleasure of the Committee I understand that I do have somebody here who can answer some some questions if you have more detailed questions so my cell is I've been here since seven thirty working on RSA and walk straight in this meeting so I have and I chanced prep like I normally do before meeting I had received a couple communications about the bill and I just haven't had a chance to follow up to even ask you know if there is a potential issue or concern or whatever it may be if you want to run it today that's fine I will not be a yes vote today and I'm not trying to hold up but I just. My day is not allow me to prep no way that I would not vote yes for that okay obviously there's only five people in the room if he's not a yes vote it would be done to proceed so I will pull it down and bring it back next week okay we'll just leave it on the agenda thank you. All right. H. B. fourteen eighty three. Is. We're not in. H. B. fourteen eighty three. That's one of Maddox. Okay. House Bill fourteen eighty three I thank you madam chair and a side kick because we need any help with questions that I think first one's pretty straightforward she's moving the retention of the background checks from six months to at least three years We have to take any questions. To the back story. Other questions from the members of the committee. Do you want to state your name for the record and then just add your two cents worth that be great thank you madam chair committee sesenta Marshall commission the Arkansas State Bank department. Senate is main at propose the bill very well no additional questions happy to answer anything that member may have to just retaining the your retaining the criminal background check for a longer period of time yes ma'am and this is at the request of the Arkansas crime information center I mean we do their all they audit as has with the recommendation okay perfect any other questions from members of the committee. R. eight C. nine anyone here to speak for against this bill. Scene nine you're recognized to close for your bill. Closed. And motion to pass. Second. All those in favor say aye. And oppose ayes have it congratulations you passed your bill. Fourteen eighty four. Senator Dismang you're recognized to present house bill fourteen eighty four I'll do this that's they can infestation Roxana correct me hi my understanding this has to do with natural disasters or issues that are out of the banks control allows for process to be created that banking close but not more than three days and can begin extension for up to two weeks by the commission and then also relates back to out of state banks maybe there's an issue in that particular state that impacts a branch in Arkansas it kind of lays that out also so that's the purpose of the bill okay. Are there any questions from members of the committee. No questions anyone here to speak for against the bill. C. nine you're recognized to close your bill UNCLOS motion do pass is there a second second all those in favor say aye and oppose ayes have it congratulations you pass house bill fourteen eighty four. Thank you House Bill fourteen ninety seven. Senator Boyd you're recognized to present house bill fourteen ninety seven. Thank you madam chair this bill is a very simple bill there's no known opposition to it what it does is it clarifies that if a formula rate review if a energy company is using a formula right review they may ask at any time to go back to a general rate case. Okay. Is there any rationale for why they want to do that issues clarity I thank I mean they feel like they already can do this but this just spells it out so that there's not doubt okay all right any any other questions from members of the committee on this bill. Anyone here to speak for or against this bill. C. nine you're recognized close for your bill and I'm the public service commission is aware this bill and I do not oppose it so okay I for that and I'm closed and I'd make a motion to pass session to pass second all those in favor say aye. And oppose ayes have it congratulations you've passed your bill. All right is there any other business to come before the committee Senate is lying on that four eighty one of the only someone's going in from out of state to speak on the bill again I'm and I would. Committee can do it lines but I would really like to dig into a little bit better than I've had a chance to but if someone's here wants to speak on the bill that I'm all for that I mean I'm not trying to limit discussion to fully debate but I I just I'm not comfortable making a motion today I'm not trying to okay. Okay okay. Okay so members we're gonna go back to House Bill fourteen eighty one but we're not going to take action on the bill but we want to hear your testimony on house bill fourteen eighty one so if you'll state your name for the record you're recognized thank you chairman and thank you members of the committee my name is Sharon Lambert and I'm with firemen just two minutes to you and address as appreciate your time for an I am a nurse by training glad to be here my parents live in hot springs village Arkansas so this literally is my second home I am here on behalf of patience this is a truly a patient bill and I respect that you need more time to review it but just my two minutes is this will help over six hundred and seven thousand our Kansans this bill takes rebates that drug manufacturers provide that plate to plans and PBMs Senate passes there's rebates the savings to the patient at the point of sale at the pharmacy counter so that they can afford their medicines it's a win win win patients as a nurse I know this when patients take their medicines everyone wins they stay in their jobs they stay healthier health care improves and costs drop this will not impact any arrests a plans or state employees this is simply a patient bill that passes the rebates on as senator Boyd said it's happening in West Virginia and doing very well premiums will not go out there are three studies that show premiums if they when I would go out only eight point six percent and savings could be as much as one thousand dollars in conclusion it's just not fair right now that patients are paying based on the list price This allows them to pay on the discounted that price which is forty nine percent lower so when this money goes to the patient everyone wins thank you for allowing me this time as I flew in and I appreciate your time on a very busy day thank you for your time. Absolutely Senator Dismang you're recognized for consequence of the only state is doing right now is West Virginia in in what is the reason behind that I mean if it creates win win win because no one any money internally with the station why is only one state to state chairman members of the committee great question it is passed in twenty twenty one is within the first year of implementation to started in July it is really really important to note that the federal government is trying to work on this but they're slow so it's interesting as senator Boyd pointed out that eight states have this very legislation or consideration for this session there's so many reports and a lot of literature that shows that this will give patients savings that they need so it's a really exciting bill to see this. So in Arkansas could be the leader thank you in the other states was being considered yeah I mean are considered as is in process of any of them rejected you know this bill in other states and if so what would be the reasoning behind rejection I believe that right now it's in place since our our legislative sessions are continuing and so it in Illinois Indiana Kentucky Maine Massachusetts Missouri Virginia and Washington and this is truly a patient bill the patient gets the discount rate at the pharmacy counter and seamless it's behind the scenes the pharmacist has no axe to work to do and so I think a lot of people think it could be too good be it to be true that the patients get the savings this has been done in twenty eighteen with United healthcare and optimum and it showed it here it's went up over twenty nine percent and it showed patients were taking their medicines instead of abandoning the prescriptions at the pharmacy counter so this is truly a patient bill that allows the patient to benefit like the plans and PBMs are right now no and I understand that but I guess my question though is how are those debates going in other states are they is everybody said Hey this is the best thing we've ever seen there's no well but here we start pass it without even really. Minute there's no debate it's all good to go to rent members of the committee thank you for that question and it's a tremendous bill and all of the states as in it's been supported by a lot of provider and patient groups as here in Arkansas over twenty five patient groups and provider groups have supported this bill fourteen eighty one because they see the value in getting that discount at the pharmacy counter we have examples of patients who say tremendous amounts as I mentioned up to a thousand dollars per year diabetes patients could save nine hundred and forty five dollars ma'am Xcerra so check that and I just be more specific to address the exact question was going to stay the question I don't think of yes maybe I didn't study clearly have let's just do that is a direct what is the opposite view of this but you know it's a bill something in every bill is pro and con for somebody in somewhere if someone were to be opposed to this bill what are their arguments in other states Meeks was being debated what are they saying. Yeah not determine rainbows but the ball the chairman and and members of the committee and the opposition would be a misunderstanding that premiums would go up we have three studies not pharmacy staff Parma funded that show premiums will not go up the money that would be saved and going to the PBMs implants goes instead to the patients the misunderstanding that premiums would get at the last second misunderstanding perhaps that's debated in these other states is that it would in fact have some plans that is not true they are carved out here in Arkansas and in other states as well as state employees so it truly a fax six hundred and seven thousand R. Kansans that are in these commercial plans. In the commercial planes what what would. In a large group and does do we need a law to mandate or can these plans make an election on their own to allow the rebates to happen but they're not here Irvin that in and members can be great question it's not happening so we do need a lot and eight other states have seen this it's important that we have something because as we wait for the federal government to debate it it's nice to see states like Arkansas moving forward. Haven't we didn't we discussed this last session this this in vaguely familiar to me especially the carve outs of every supplants and that sort of thing it's just seems familiar why would we carve those entities out of it's just a win win win for all consumers I chairman this is an important Sturch some say always to six hundred and seven thousand R. Kansans but that's almost forty percent of the insured population this state it's a start and we do know that arrest the plans are protected it so this is just applies to state run plans so it's a good start yes that's my question is why are we part what what protected from what it it's a win win win across the board that allows it and take chair chairman and it allows the the arrest of plans to manage it because at the litigation and things that have happened before they are are protected but this. Bill would only and impact state manage planned so it's a start all right thank you. So I just Senator Boyd. Just so I think my concern on this legislation is that. It's a little bit of a of a. A disguise and that's my concern that if we're giving patients money at the point of sale as a rebate but then that's more attractive to the patients but they may not be fully aware if there is a rise to the premiums which is why could be a possibility where recipients are are not included in this I'm not sure but that there would be a shift a cost shift to where because I'll give you an example when I look at I don't two years ago when you look at your telephone bill or your utility bill there's lots of things in those bills that are placed in there as fees and things like that and for me does my biggest concern would be again from a consumer protection perspective that it's more attractive and more appealing to given the money at the point of sale but then shift that cost over into their premiums which they may or may not like pay close attention to if it is to rise that is my concern with this kind of I don't want to call this scheme but I am concerned about that can you give me any level of comfort there because there is no guarantee that premiums won't rise correct chairman thank you for your question I think you just articulated why we do need this very bill because the rebates are not going to that patient right now more than half of the medications and goes to plans and PBMs and they choose how to use the rebates two hundred thirty six billion dollars in rebates guys from drug manufacturers to plans and and PBMs this chef's fundamentally ships that rebate over to the patient and the plans and PBMs can decide whether or not to increase premiums but the results in the reports we have showed very little increase less than point six percent so. But why within within you just instead of a rebate at the point of sale why would you then just apply those rebates to their premiums and reduction reduce our premium chairman that's a great question on one for PBMs and planned since they make that decision but the rebates are not going to the patients we do know that an Intel we have a bill like this again why when you write the legislation to where the rebates would be directly a pop up slide to reduction in premium. Why would you write the bill like that chair Irvin that's a good question but this bill as written in West Virginia and is working chefs the rebates directly to the patient seamless it's done behind the scenes because it's at the pharmacy counter the the patient shows up at the pharmacy counter they fill their prescription immediately goes to the PBMs and those rebates are seen directly at the pharmacy counter in the form of a reduced price of a drag so we know we're going off what we know has worked in west Virginia's in as operational so that Senate this is a patient friendly bill there's I know it feels that that DO you you've had had mentioned that it could be a scheme it's it's simple well it it is a a patient friendly bill no I I I understand that I mean it did yet was there any consideration for writing it in the the way that I had said what are the pros and cons against that. Chairman I do know that they did contact the pose in this was that it this is something that when in discussions with pharmacists we I'm sorry I'm so sorry senator Boyd and and others that this would work and that there's no additional software needed at the pharmacy counter that this was an operational method to get those rebate shifted to the patient okay well I I'll just I will prolong it at that but I'd those are just some serious because questions I had and then the last question would be and it may be more for Senator void but there's no this is only a pass through to the pharmacy correct there's no the pharmacy doesn't take any amount of the size only a pass rate yeah that's my understanding correct right the only person who benefits is the patient who is driving that rebate for everybody right gets to share in the savings right so the the patient who is on that high dollar drug that is having to pay for that high dollar drug can pay for those rebates in that scenario who then helps benefit everybody else gets to share in the savings okay. Thank you are there any other questions for our witness for something full for you to come in and glad to be able to hear for you from you today be safe traveling back yes ma'am thank you any other business to come before the committee all right C. N. nine we are adjourned.