Public Health, Welfare and Labor Committee - Senate

About something that was said in our last meeting about the. Making claims that vaccines were a condition of employment at the department of commerce that is not that is not true and he has a letter to that particular issue so with that we're going to start our meeting with the. It's B. two ninety six yes. All right then we're going to go to House Bill eighteen fifty two with Senator Rapert. And when you're settled you are recognized all right madam chair thank you members. Members this bill it pretty short to the point in terms of what it does is obviously deals with delivery of prescriptions we consider to be appropriation bill and Karen is on behalf representative gray here Senate this will allow a patient to choose where they get the prescriptions at the local pharmacy or through home delivery the pandemic is both highlighted the need for home delivery and also one covered weak spots associated with mail delays in the need to identify procedures for not harming patients this legislation would require the Arkansas state board of pharmacy to promulgate rules for delivery standards that will promote safe procedures to ensure protection of patients the bill also simply prohibits pharmacies or insurance company or PBM to own Arkansas pharmacy permits from mandating home delivery on prescription drugs This prohibition for the pharmacies and companies that own pharmacy permits is consistent with nineteen eighty seven law in Arkansas that made it illegal for employers to require their employees for me mandatory mail order it mirrors the statute and the board of pharmacy statues for better enforcement of existing state law. All right. Do I have any questions from the committee. All right seeing none. Do does anyone in the audience want to speak for against this bill. All right seeing none have you cooking you want to close for your bill I'll close Madam shall right we should be good vote thank you find committee what's the pleasure of the Committee. Okay of a motion and have second all those in favor say aye all those opposed congratulations to pester the manager thank you all right next Is Senator Clark said Senate bill nineteen is anyone here to run that far in. Okay we'll pass it over. Going to Senate bill three forty seven Senator Clark anyone here to run that bill. All right going down to Senate bill force six eight. A senator garner. All right the next one is Senate bill four seventy seven Senator Tucker. All right McCollum Passover Senate bill five of seven unless someone says that they're here to run that one. All right we're passing over Senate bill five ten and it that leads us to Senate bill five twenty by Senator Hester. Senator David Senator Bledsoe I would like to move that bill to deferred to the first all right. Then we're going to pass over Senate bill five ninety eight. And then we're going to Senate bill six hundred and I believe I saw Senator Leding if you would come to the table please. If you did have a defined yourself for the record and when you're settled you are recognized thank you madam chair I have a few guests that are gonna join me at the top right thank. Well that are supporting the committee's time I'll go ahead and begin but I do have some people are going to join you momentarily Senator Greg Leding Which that is an issue that my predecessor cared a lot about it so she should head off to me when I got down here ten years ago and so it's an issue that we've tried to address each session through various means never quite gotten there all the way to get really close just couple years ago we got a bill actually all the way through the house and to the Senate floor came just a couple votes short. Maybe we'll get there some day but this said a session some folks back home decided they want to take a stab at writing the legislation that you see before you today and so they are here to testify on its behalf give them more information but in short which that can happen a number of ways it happens across multiple industries but in short it's an employee is owed wages but they don't get those which is a very common example could be the employees either fired or quits during a pay period and for whatever reason the employer never delivers that partial check that final check and while oftentimes we're talking about maybe just a couple hundred dollars a lot of people in Arkansas was living from paycheck to paycheck and so it could mean the difference between being able to put food on the table or pay an electric bill I've never met anyone who agrees that an employer shouldn't pay whatever wages have been earned by the employee whatever the reasons for the separation and the employment just seems to be that we've never been able to find a way to agree on a mechanism but in this case this bill to give a couple of highlights. in the event that an employee is separated from the company for whatever reason the employer would be required to pay any wages earned within two days there is a penalty of up to a thousand dollars if they fail to do so and again we're just trying to make sure that people who put in an honest day's work and earn wages are able to collect those wages and. All right to her we. Come up to the table if you want to come forward. We usually say save those for a for and against but let you come on up and using it in a find yourself and a I think we better have a time limit to its will. That that was my first question here yes what time limit imposing Willacy they're three of you so I'd say. Okay I've been told there five if I have to speak well. There's for that are definitely speak offense one that may fill in holes if I thank you. I don't remember Commission. I would the speedy so for. Or two minutes of. All right of usually we a lot two minutes per. Person coming to speak for or against so we'll let you go first if that's all right and then we will take the other two. As we get to them. All right that said. So you're going to speak for a minute then give another minute. All right all right well we've got a time keeper right here so we'll make sure it's fair. All right well known because you're not seated and I have been in effect you'll be seated or standing I will I'd rather you said I'm going to do she set up and have the others of that is with you introduce themselves as well I am my courses. Where you from where the are you representing us okay group I am the board member of the center for the workers and the rights out of fear added Springdale a part of a group of Arkansas United sis's First Congress in some other met Arkansas Arkansas advocates for children and families that brought this bill or crafted this bill to president and is now before the committee for all right and let's let the other gentleman introduced themselves all my name is always lead to order from the Marshallese community in northwest Arkansas all right and my name is benefit Madison I'm also representing the Marshallese community here in Arkansas all right thank you I have been a labor an attorney employment lawyer for thirty plus years in just a minute we want to start your time are you ready. Is is part of what you are you ready to start this the preface can we do a preface first. No I think that this is the point at law attorney for thirty years and I've experience I've seen miss classifications I've seen which that especially in miss classification as an attorney **** over twenty years ago at the individual cases plentiful but class actions about people being identified as impending contractors that work class actions about people that were identified as exempt that weren't that should have gotten over time hello this is it the long standing problem like Senator Leding explained that we need to address amber I'm going to start your time now good because I was going to for my time right now two LBS okay so you through so you want to do the whole. One more thing if I may I'm sorry I a gave fill up I said Philip a statement. And it's Phillip circulated it. Is it okay if he does. It's all right. That's the one page executive summary there's also a ten page brief right now okay you have given your time okay the gentleman. To your right yes all right now now you have haven't had your time okay okay Sir you're ready. Thank you madam chair members my name is Elvis once again I'm from the north of Marshallese in Springdale and most of the work at the ballpark to plan and one of the problem they do have that I've been working with them for over five years the March result which coordinator for worker justice center is. Having them get paid through a debit card by their employer and some of them. when they checked their. Our paycheck on ATM that seven. That is My other debate they're taking away from to be checked right there and also when they withdraw from their debit card that's also taking on from to be checked and some of the employers don't provide Paycheck or pay stub I'm sorry be stopped to their employees. And. That's one of the many problem we face in. Springdale and I have more. Testimony that I will share maybe two weeks from now it as starting to interview a lot of the Marshall of Marshall's Board to worker. Thank you all right today there are anywhere between fifteen and twenty thousand Marshallese living in the state of Arkansas many of them including relatives and friends of mine work at the chicken plants and local stores I have often heard stories from of funds and other community members about examples of wage theft in the workplace they talk about how they are not being being paid overtime they're not allowed to make meals or restroom breaks and are not being paid for acquired sickly these are a few of many complains that Marshallese of experience and continue to experience in the workplace the Marshallese community is a close knit community which means it is common to find three generations living under the same roof including extended family members the reason is because of the cultural values that we continue to embrace the values of love respect kindness and togetherness often there are two or three workers supporting ten or more people in the home so as you can imagine if we send count for families to get by which that is a common problem in our state that requires leadership the leadership and the support of the Arkansas legislature to address thank you. Thank you. Of. All right you're recognized do we have any more time yes I believe we do just a minute we have two minutes thirty one seconds but before we before I recognize you I believe Senator Hester head isn't his hand of. Yes so the first gentleman that testified the lawyer so you've mentioned that you are you've been a party to class action lawsuits if if you church no I'm sorry to I've been an attorney representing the okay sorry okay you senator and if if if people were truly not being paid the wages they earned wouldn't you have addressed this through the court system as an attorney we did that was a class action it was a class action they claim that they were labeled as an up or designated as independent contractors and they with the war and they claim they were actually employees. And so that was a court case. And individuals claim they were So they were that the Senate other individuals claim that they were exempt from overtime they were testing is that may work but they were actually employees that should have been paid overtime and there was a court case about that a class action but there's been many court cases individually I'm just talking bout to class actions that are over twenty years old. Okay and then the second gentleman that testified you said that workers are forced to be paid by money going directly onto a debit card in a fee is taken out of that with they and they don't have a choice. Like I said those bank or not local bank their contract with the or employer for example one of the employee might cause in when you could check is debit card and ATM owned by RV's that's like two dollars. Fioretti read. Woodrow also three thousand five dollars would all depend statement goes through them step through group to on line to get to spend statement was more moves up tomorrow on educated. Yes so they could get the money without going to ATM but if they go to the ATM then there's a fee okay thank you. All right the any other questions for those who testified all right senator senator Hammer the Committee to the Attorney. In the. So so the courts ruled that they were classified as independent contractors is that correct no those both those cases settled. The Bill settled yes what was the settlement if you don't mind that was in the best interest of those that were involved in the class action lawsuit. I'm sorry I don't understand the question but I will say this is settlements confidential. So I can't disclose what the settlement was. I guess that causes me to struggle in the reason it causes me to struggle is. That there was a class action lawsuit by and get involved more than the Marshallese population of this isn't this class action lawsuits I mentioned that were twenty years old or over twenty years old those that I'd mention them because they were sold I mean there's a class action right now against a sentence a company it's and was on for six point four million dollars but those ones I mentioned were twenty years old and they were in the independent contractor action was in Washington state and the it was a mortgage broker contractor and mortgage broker action that they were exempt and claimed they were not exempt that wasn't working okay and to the two gentleman that testified are you all classified as As contract laborers or are you considered as employees then and and the Marshallese population that you represent. For me I work part time with the center for workers And also I work at a nonprofit Marshallese nonprofit As an employee okay and you Sir work. I will call word five year would work assistance center to help the Marshallese community through a lot of we still have case okay and are the Marshallese that. Are working that you represent are they are they contract workers or they actually hourly an hourly worker. And how is that they don't get paid their overtime if their hourly workers. If their hourly workers how is it. That they do not get paid their overtime then. I will answer that I have many kids would a lot of my Marshall used with that some of them their paycheck like I state it on show that so they have to go to a charred body will take like few weeks or months to get it back so it's not like one time is many times because I've been going through it I have to go to legal aid so they can. Make it like faster. Sometimes you to collect month. Okay what will it is the. Okay I get it all right thank you. And any other questions from the committee for these gentleman. All right of you have. Yes the Senator Solomon. My experience is the US department of labor some of the things you're talking about those all happen with complaints to them and are resolved so have these complaints been made to the look department of labor about the violations of not no payment. Is that to me or to help yes that's to anyone who can tell if have you made the first let me ask have you made those complaints to the US department of labor yes anyway with you will see I believe okay and and their ruling on that was what the bending okay thank you Committee case thank you I will add Senator that there is a wage theft there have been wage that bills it before Congress or before the House in before the Senate federal but neither have the fact the last one was two thousand nineteen I think instead. So there is there's no way step law there are waging our laws but there's no wage that flaw. All right to NO one go mispronouncing name is it care sis that's easy did prince pronounceable that's close enough in recess armorials that's all right of course is we're gonna give you two minutes and thirty one seconds for you to say whatever you want to say. Thank you thank you thank you chair I wanted and didn't just identify a few things one is revenue tax revenue whether it's income tax or sales tax you're not you're losing it okay I cited many different studies that show that impact what a study by university of law professor universe Arkansas law professor any Smith that talked about the fact that there's a decrease in taxes which is obvious because if somebody's not receiving their wages and not paying income tax on that wage therefore the income tax is lowered and the employer is not saying oh by the way I should pay this wage and so even though what you if the wage I should pay income tax on it I'm gonna pay that income tax that doesn't happen so the income tax base is is depleted and I know that most and many many senators committee many legislatures are interested in tax breaks maybe and they can justify a something like a tax break if there's an increase in tax revenue and also an increase in sales tax revenue number two unfair competition if somebody's competed against the business one competing against you senator Hammer all right in a business and I'm paying my employees below minimum wage because I'm selling the wages and you're paying minimum wage I make a cheaper product or less expensive product probably because they have less overhead right at least in that respect so it's unfair of me to do that to take money from these employees so I can compete against you and maybe make more of a profit then I would otherwise that's number two number three is. Well for thank you number three is welfare there's gonna be a less people going towards welfare lies and you look at what happens when somebody loses money and if you've been under the stress of having to live paycheck to paycheck you kind of know that it is stressful in when the stressful it causes medical conditions and you find that plan out and welfare and there's a cited in the brief San Francisco study about that specifically in. You have a Surgeon General you have a pretty good connection with him. You can ask him. What he thinks and I guarantee one hundred percent he's going to say well yes if you have stress you're gonna have more medical conditions in if you're gonna have stress because the wait staff. That's something you can dissolve and take away from and then have a lesson and spend if you're on welfare. I thank thank you you extent we've extended you extra time you have finished thank you all right to you have two more on the list to speak for and that is I believe Sierra of Portillo and on that and then also Shelly. Shell here. My time yes we'll so you're not going to speak your Shelley right okay. About that. Anyway Is that Portillo's. It is for the Loews. How you doing my name without a forty. And that if you the actor with Arkansas United you bring your mind up close who we want to hear everywhere thank you so much better yes I think it's much asset I put the you know with Arkansas United and that if you Director and add to my work Adaline organize seen on those so you work is right uh we have these issue very common in an hour because constituents and that's why I'm representing a here and trying to speak out about it because this is a sensitive issue in our community our committee is not going to be coming to speak out because of a freight of at it retaliations premature was in the job and they don't come and decided to report these these type of incidents if they have no proof and how much they worked the hours that they working and much less they're going to be do not coming to their supervisors or their bosses saying Hey you know I'm missing a couple of hours of work or a work over time many of or a committee members at. Have I known as sadly it works status a work permit to and steel you know they deserve to get paid whatever they may be working for and that's why we here because we wanna make sure I will represent the in and also just highlight the issues that we face in our community thank you so much for your time I have a question for you yes may said that there was no proof of their work yes because of the pace that they at some of their workers have to take them there hours that they work out sometimes you know if there's B. corporations they have like a car that they contain and so what can the athletic looking look out but none is that is the case and so many informal place as of sometimes even that tapes are the teams that they are you know generating any of their light restaurant workers that taking away their no respect that you know by the process there's so many issues in our community because one second I guess they are just afraid to bring it up so there's a direct supervisor or their boss in case of retaliation or just afraid of losing their jobs all right thank you questions from the committee. All right scene then thank you so very much for your testimony all right of. Mr chorus chorus versus car services you're recognized for another two minutes thank you thank you chair I want to talk a little bit about current law there is a current. For lack of a better term wage theft law in Arkansas eleven four of four zero one at all in and so if there is a little smattering of one what what the problem with it is that you have to improve an intentional violation of that statute to recover so if you don't we come in and if you prove intentional violation guess what the employer gets hit with a fifty dollar fine for violation and that's not going to be enough and plus any I mention any Smith professor Smith she said and I quote and I have this in the brief in Arkansas for example the agency responsible that's the department of labor licensing responsible for enforcing state wage law has a policy of only imposing liquidated damages where the employer is a repeat violator. a requirement not included in law in other words they only do that because. Okay we'll find out they don't have enough manpower and that's a good thing because we're looking at two options we're looking at a regulatory scheme or looking at civil action scheme and we're staying away from in this bill regulatory scheme so there's no regulation it's only leveling the playing field so the employer employees and fight it out a civil court but it S. professor Smith went on to say she had talked to the department of labor licensing and they said often by the time we get ready to take up a case the worker is quote a very frustrated with us close quote and tells me to forget about it. And that's were seen right now Recine maybe there's a little bit of a law but there's no enforcement of that law and this is going to be a law that can be enforced because number one can there's no reason to arm and regulatory agency with auditors enforcers to prosecutors investigators and incur that expense when all the kids all this all the legislature the legislature has to do is pass a bill that allows for civil action in a level playing field between the employer employee all right thank you so much your time is up ladies and gentlemen do you have any questions wait a minute. Do you have any questions for the Attorney Mr chorus. Cursus well whatever I'll just call you see Mister attorney have at that moment all right. All right anyone. Okay thank you thank if you have any questions you have my in my in my email probably all right thank you all right senator. Senator Leding you're recognized to come back to the tape. All right the. Do we have anyone else that wants to speak against the bill. All right for the bill I believe we have someone so you're you're fine to see that coming up please a. Of Mr Randi's the. Thank you madam chair thank you for your time I'll be brief of I'd like to urge you to vote against this bill they're adequate provisions already in the law to take care of these instances rare instances and we would urge you to vote against the bill on authorized by my colleague Sylvester Smith with the NFI of the national federation of independent businesses that they oppose the bill as well so we're due to vote no would you introduce yourself for the record in question just so well Randi's of Arkansas state chamber of commerce not be happy to take any questions I have a question it does concern me when they say that they are not getting their wages and that there is a problem with the you know getting over time and you have to check it and and all of that what what do you say about that I would say that it's rare when it happens but there are laws to protect against it and if people will use the full weight of the law to. Puneesh if you will those those few employers who might abuse someone in that manner it's certainly not acceptable behavior to try to short change somebody or the amount of their wages their hard earned wages so we we support the law as it is and we think it's adequate all right committee do you have any questions for Mr silk. All right sing so much and Senator are you ready close for your bill. Yes thanks I'm sure I'll just be brief I don't know that the problem is that rare then there might be some mechanisms for people to try and pursue the issue but we're talking generally about people who are working on hourly wages you don't necessarily have the resources to go and retained counsel and take on big powerful corporations or even you know midsize to small employers so we do still feel that some kind of enforcement is necessary but I am aware of our odds today I would ask for a merciful vote thank you all right all right to thank you so much ladies and gentleman you've heard the testimony you've heard for and against what's the pleasure of the Committee. Motion do pass do I have a second. Do I have a second. I'm sorry Sir your bill has failed for lack of a second thank you so much. Thank you all right going on to our next the Bill. All right Senator Davis we have Senate bill six eighty two. To the first all right. Is anyone running the bill for H. B. fourteen sixty five for representative Dotson all right you. Okay because to the deferred list all right of a H. B. fifteen forty seven representative Lundstrum. When you're settled if you would to introduce yourself for the record you are recognized. State representative Robin Lundstrum. Colleagues you have in front of you House Bill fifteen forty seven and basically this bill is government controlling government. This will prohibit the state from mandating an vaccine are at specifically the COVID nineteen vaccine on state agencies and state employees it does have an escape hatch that should a state agency feel that they need to mandate the vaccine or strongly encourage the vaccine which it does allow that already They can come before the Senate public health and the cynic her house help public health committee and ask for that waiver and with that I would. Take any questions all right ladies and gentlemen you have any questions. All right seeing no questions does anyone in the audience want to speak for or against the bill I believe there is someone to speak against the. Mr Gilmore Matt Gilmore if you come to the table. But you're recognized to introduce yourself please for the record. Yes ma'am Matt Gilmore department of health. Thank you you're recognized so we we have is that we represent representative once on this bill and she has made some changes and we appreciate that we still have some. Issues with some of the wording on the two year Mandate is or I really want to word it is it's concerning. You know the vaccines are coming out quickly and you know I think that was one of her concerns when she wrote the bill in the understand that but they there is safety and the safety and efficacy in those vaccines so we trust that we trust the process one thing about the bill is that it doesn't allow as she's As You city allows hospitals the ability to come and request permission to you know give to their employees it doesn't allow for agency that same freedom as far as a higher red or something like that but we have colleges commitment of state around the country there's concern with that there's also the as you mentioned going for L. C. we appreciate that Clause being put in there if you have an outbreak though you need to be able to react quickly and so you know that would they would they would be able to be done but it would be a delay in getting that process started be able to do that There is With the department of health you know we have a concern is as far as our employees if you know we needed to give them the vaccine there would be that issue there be able to do that as well as As we talked about earlier the vaccine and and some of the the concerns as far as if you are going to give it you know we we are worried about the message of the bill as well and we want people to know that the vaccine is safe and effective One more thing is in in the build up for the department of health rate being required to collect data and we can do that but that's typically not something department health does as far as what data on the safety and efficacy of the vaccine we keep up with that track that but this bill requires us to post that information on our website and and so we can do that with a little bit challenge there. So those are some of our concerns I think the main thing is we won't be able to allow you know entities state entities if they have the desire or need to to give their or to mandate to their employees there's that that freedom is not there in this bill so thank you all right any questions for Mr Gilmour. All right Senator Davis thank you madam chair so is it that that is the position of the department of health that they should be able to mandate forced people to receive a vaccine so some agencies require that now with the flu vaccine so I think that's that's an important thing it means private business level to do that if they want to this this bill would not allow an agency to do that. Right and educational entities as well as what it says on the bill. Thank you all right any other questions sing none does anyone in the audience want to speak for or against this bill. All right seeing none of the of clothes for your bill. I'd like to make one closing comments our governor wisely said that he would not stop private businesses from requiring please our customers to get vaccinated but vaccinations would not required for state agencies this is simply codifying that but it also allows the skate patches of coming to public health should there be an eight and I think that's wise I listen to both Dr Romero when he suggested made some suggestions on this bill he's not endorsing it but I did listen to suggestions incorporated those and also when medical professionals came and said we'd like to be able to come before public health if there is a need and should the virus mutates we need to move quickly and they said they would come before public health and I'm clear the skate patches so I think this is well not everybody may be happy I think it's a good compromise and government should control itself first and I think this just backs that up all right thank you all right in let's see so you're close with your for your bill and do I have a motion from the Committee have a motion to pass I have a second all those in favor say aye all those opposed congratulations you passed your bill thank you colleagues thank you for your time and next we are going to have senator Hammer was six a house bill sixteen twelve. And then after of Senator Hammer a C. senator Tucker over there with House bill eighteen eighty so you'll be next. Okay all right you are recognized senator thank you manager Kim Hammer Senate state senator district thirty three percent in house bill sixteen twelve for representative Cozart this is a bill that came out of work group that they had and basically what this gets to is the of physical therapist are to me to evaluate their fees and they would bring a recommendation before a LC regarding the rules regulations one of the areas that the identified is exorbitant fee that is charged from other physical therapist moving out of moving from out of state in state or written or the reciprocal agreement that comes with that sold this is intended to help lower the fees in the area of physical therapy when it's all said and done you know search the date by which is supposed to be done which is the last day of this year and madam chair that's the essence of the bill all right any questions from the committee. All right seeing none does anyone in the audience want to speak for or against this bill. Seeing none thank you you want to close for your bill sure I will close and make a motion to pass all right we have a motion on the floor we have the we do have a second I have a second all those in favor say aye of all those opposed all right congratulations you have passed your bill thank you ma'am chair members committee all right Senator Tucker we're going to take up house bill eighteen eighty. He would introduce yourself for the record we will recognize you. Thank you madam chair Clarke Tucker state senator for district thirty two. Here to present house bill eighteen eighty which comes to us by way of representative Lee Johnson. This bill addresses just a couple very minor things with a crisis stabilization units that we created three ACT four twenty three four years ago and was brought to us by the stakeholders which are the CSU's themselves and also law enforcement I think they were just seeking a little clarity as to when a person is or whether a person is actually in detention when they've been referred to a CS you by law enforcement. And this bill sixty clarify that by removing all language in the legislation a concerning unlawful detention and replaces it with language for example that the person is is being treated voluntarily and you can see that in several instances throughout the bill the second real changes that the amount of time that a person can be. Housed in a crisis stabilization unit is adjusted from seventy two hours ninety six hours of the reason for that is because that is the time period that Medicaid will pay for so those are really the two changes in the bill it's fairly simple and again brought to us by the CS you folks in law enforcement officials who are working with the C. S. use and that's really it I'd be happy to take any questions any questions. All right seeing none does anyone in the audience want to speak for or against. I think I have anyone Sunda. All right of have you close for your bill yes ma'am sure thank you and thank you members and appreciate a good vote okay what's the pleasure of the Committee. Motion to pass second all those in favor say aye. All those opposed congratulations you pass the bill thank you very much all right we do have a representative may bury with house bill eighteen forty seven if you would come forward and when you get settled introduce yourself for the record and we will recognize you. I'm sorry. Not not will she could come around to the other side maybe that might help Little. With another somebody could a sister. Thank you members Taking a breath right around the capital trying to make all the meetings. sheet in long at first what Julie Mayberry state representative district twenty seven it should in long came to me at the beginning of the session with a problem and I said oh well let's see if we can fix that and so she did a whole bunch of research and came up with what some other states have done to fix our problem but she does a wonderful job of explaining it and so I thought I'd let her just kind of take over the money can you can hear from her all right would you please introduce yourself for the record would have it in in your voice my name is Shannon long. And I'm here getting here yes we can hear okay and I'm here on behalf of myself and those others with significant physical disabilities or currently ought Arkansas's Medicaid buy in program as you're likely aware this program is very generous people with disabilities and allows us to earn and save without any earned income restrictions or resource limits unlike so many Medicaid programs this includes people who are on a home would be based waiver such as myself. I currently have a fulfilling job a fantastic employer of four through the retirement plan and savings for my future all while be able to maintain the supports I need to live in the community independently this is been my long goal since graduating college in two thousand nine with a bachelor's of science and sociology and again in two thousand fourteen with a master's in rehabilitation counseling to become a contributing member of society despite my disability and the many limitations that I do have. Prior to enrolling in the Medicaid buy in program I've worked my way off as a science a little security income and as SST I social security disability insurance and I've continually abided by all the income guidelines in order for me to keep my insurance could waiver. Mostly combinations that I requested from my employer have not been related to my disability or rather having to do with cutting back my hours and turning out bonuses all of which have been forced to do in order to stay under the total monthly income guidelines for waiver eligibility. I no longer have to ask for such combinations and I've finally reached the point of self sufficiency and financial independence under our by an. I know or have died no longer have limitations placed upon me sides of the the my own abilities. This self sufficiency is penalized however when I retire or when I'm no longer eligible to be on the buyer program at age sixty five. I'll still need waiver services to live in the community. By far better choice of living in a nursing home. Which is my greatest fear. However I will then be subject to the same income limitations and a resource limit of two thousand dollars a month that I was prior to it rolling the by and. The assets that I'll be allowed to draw from my four oh three B. plan my savings et cetera will make me an eligible for waiver services. House Bill eighteen forty seven addresses this issue. It directs the Medicaid agency to exclude employer sponsored retirement accounts and assets accumulated when determining eligibility for a long term care supports for individuals like myself with significant physical disabilities. This would allow me to enjoy the fruits of my labor at retirement age and beyond. According to DHS there are one hundred ninety four individuals on the bias. Only five individuals are on hold with three based waiver. Passage of this bill will will impact a small number of people but the significance of it for those people cannot be overstated. This change will cost the state pennies compared to what it would have for me and contribute to my future. When I retire. I hope the success I've achieved through hard work and much support would not be the undoing of my care. Lastly supporting this bill will send a consistent message to people with significant physical disabilities by allowing them to achieve their work goals and enjoy the product of those achievements not just now but throughout our entire working lives with that I urge you to support and vote in favor of house bill eighteen forty seven thank you for your consideration. Any questions from the committee. Well I want to tell you I'm very impressed this long you did a great job speak for yourself and and certainly getting to the heart of of what we can do to help thank you so I do appreciate that To me it's a very common sense bill. I would really really like this and thank you for bringing it to the committee do we have anyone after I've said all that that would like to speak against the bill. All right I didn't think so anyway so do you have someone here that would like to speak for it. To Shannon thank you have done in the. Such a beautiful job that we really don't need anyone else all right ladies and gentleman Have to close for your bill I am if there's no questions that I can answer I just appreciate a good vote all right all right ladies and gentleman we heard the discussion we have certainly heard those the of this long he's for it obviously and the there isn't anyone to speak against it puts the will of the committee. All right we have a motion to pass and we have a second all those in favor say aye I. anyone opposed I do not hear any thank you so much you have passed your bill and congratulations I will know that I do not have the Senate sponsors so if you all can help me with that someone take it on the floor if we have to add an amendment to it or whatever just guide me along on that I appreciate it we will be fighting I start to say will be fighting over. Who gets to run it thank you thank you so much and thank you member we're we're excited about this thank you thank you all right ladies and gentleman we have Some other bills but not many more yes let's see we just a second. Yes of this is a house bill seventeen oh nine. Thank you recognized thank you madam chair of seventeen oh nine of members as a pretty straightforward bills just going to allow flexibility for the market and return any rebates far insulin back to the consumer and it doesn't take effect until January of twenty twenty two which will give all the manufacturers and the providers an opportunity to work this out. introduce myself senator Dan Sullivan said Senate district twenty one without take any questions or any questions. All right I don't see any questions we do have someone that would like to speak against it. okay Mr Houser if you're still here there you are Unitus yourself for the record. You're recognized. Thank you madam chair members of Leo House are representing pharma the pharmaceutical manufacturers of America of formal opposes house bill seventeen oh nine not because of its intent but because the bill as written could not be implemented to pass manufacturer rebates on to the point of sale and would interfere with the company's ability to contract with PBMs and insurers now all we do appreciate the offers intent to offer meaningful savings to the patients this frankly is not the way to do it there's current state legislation just passed in West Virginia that is in use and can be operationalized however seventeen online does not do that. The Bill in West Virginia requires PBMs to share one hundred percent of negotiated rebates with the patients at the pharmacy counter this first on the nation legislation passed unanimously in both house and Senate and is an excellent example of how bill can provide patients with lower out of pocket costs for medicines. Patients currently have to pay more more out of pocket for their medicines due to increased to doctor bills and use of coinsurance right now patients receive the benefit of the Goshute of discounts will receiving hospital and doctors Services but they do not receive the same benefit for prescription drugs. A moment study recently demonstrated that if health insurance companies were required to share all negotiated rebates with patients the premiums would increase of lost one percent all the savings to the patients would be about eight hundred dollars a year. Farm stands ready to participate in the important discussions about cost and affordability of medicines no patient should have to worry about whether they can afford their medicine or health care they need patient assistance programs offered by the insulin manufacturers for the products to patients for free or reduced cost these resources are available to patients in Arkansas in conclusion seventeen online provides guidelines on changing the rebate system however it is not the way to provide rebate reform that would allow the rebates to be passed on to the patient one other item I would point out is on page two line thirty four what the bill was amended to exclude Medicaid. A couple weeks ago representative farm on H. B. fifteen sixty nine and Senate insurance and commerce the committee noted that Medicaid have been exempted exempted from the bill but that the provisions did not extend they believe to Arkansas home the bill was amended with language provided by DHS that took care of the situation and would be something the committee may want to strongly consider having added to the bill before its advanced because at this point my interpretation is Arkansas home is not exempt from from this particular piece of legislation with that I will thank the committee for your time and if you have any questions do my best to answer any questions from the committee. Did I understand correctly that you said that seeks that some of the the pharmaceutical. Companies. Are offering a hundred percent rebate what what was Senate I'm sorry may I have this local what I said was the bill in the West Virginia requires that a hundred percent of the rebates that the manufacturers give to answer the easy Ms are passed on to the consumer at the pharmacy counter thank you for the clarification. All right any other questions from the committee. All right does anyone want to speak for the bill. All right seeing none so we've had for and against. Of which is the pleasure of the Committee. I have a motion to pass. Sir have a second. All those in favor say aye all right. All those opposed. All right. Congratulations you have passed your bill. All right going to. House Bill eighteen forty six with the a senator want I'm sorry when it a forty three I'm sorry of senator Wallace. Thank you madam chair. Senator Dave Wallace district twenty two. Okay you're recognized. Members this is a department bill department of corrections in the allows for consideration of correctional experience to be for the purpose of the CBSA lasting as it stands now only the Arkansas state police to do that in this state Arkansas state police ordered removed with this bill. it also increases transparency of the CD is a process by requiring the examiner to explain to the subject of the exam how the results will be used. The rationale for this bill is it deal sees internal affairs division use a CD essays as the best to get it tool unless the investor has five years or previous law enforcement experience. They can't use their their Test. And with that I will stand by for your questions okay Mister graves would you introduce yourself for the record please or any comments that you have. Sullivan grave secretary corrections bath madam chair all of deferred to send some Wallace's comments if any member has any questions about the bill our processes I'd be happy to answer and. Thank you any questions from the committee. All right does anyone in the audience want to speak for or against. Seeing none heavy clothes for your bill I have clothes and I recommend to pass okay we have a do pass we have a second all those in favor say aye hi all those opposed congratulations your bill. It's. We. Give us just a minute to see what we have left. All right eighteen ninety four has bill eighteen ninety four. And while she's getting settled this is anyone going to president of eighteen eighty of okay. Okay skews me all right. Of the body to. We forty have we done this notice if passed so we passed. All right to Senator you are recognized thank you would have your guests to introduce himself for the record please good afternoon madam tear my name is Sylvester Smith I'm here in my role as a private attorney this afternoon all right you're recognized senator thank you madam chair members of the committee this bill will establish task force he's goal is ending child abuse in our state it will not cost a single dollar in state revenue and I have Mr Smith here to help at present this bill. Thank you again Senator Davis so this is child abuse and child neglect and child sexual abuse are the greatest stain on our society that human beings suffer. And this bill is designed to make sure that we put the best minds that we have in our state to give them a rule to put to work to craft solutions to that significant problem. And this bills derived from an experience I had as an attorney a young woman came to me I need a guardianship over her knees her brother was raising the niece was his daughter because the young lady's mother lost her because she's been selling her little ten year old daughter to me and for sexual benefits in order to obtain drugs. And hearing the horror stories of those experiences from the young woman just said in my mind to the point that I could not sleep and I thought I will use every bit of strength in my body every relationship I have to make sure that we as a state do any and everything we can to ensure that no other child service these deals and so what this bill will do is empower the governor the president of the Senate Speaker of the house to appoint a group of nineteen our Kansans from all walks of life all the people who have any impact on these young people school nurses pediatrician school counselors child care facility owners and and put them in a room with the folks that we have we're really working in the area of child abuse prevention for I like to call the moon shot project to say let's look at every idea that we possibly can so the Arkansas can be a not just a national to global leader in Iraq to Kate and child abuse if this is going to be housed in the U. M. S. commission for child abuse prevention and so that will not cost the state one additional dollar the members will serve completely voluntary they will not be reimbursed for transportation or anything and so this is a good bill to solve a tremendous problem something I think we all care about and so I'd be happy to take any questions anyone has any questions from the committee. All right seeing none does anyone want to speak for against the bill. Seeing none had would you like to close for your bill. I'm closed session do pass all right have a motion to pass to have a second second all those in favor say aye. All those opposed congratulations you passed your bill all right we're going to do house bill eleven ninety nine and that is so Senator Flippo. And if while he's getting settled look down the list and see if we've missed any. So. Can be very helpful. All right senator when you're settled you're recognized thank you madam chair Scott Flippo senator for district seventeen so member's house bill of and I would does is so on the pest control operators to file reports but they will not have to send copies of contract for copies of a letter to the the Office of clearance during the months from March through October most operators have to file hundreds of copies of contracts graphs and letters of clearance if the plant board currently request any of these reports the operator will have to produce them within forty eight hour period and this is just a storage issue for the plate board. Okay any questions from the committee. Okay the. Senator Davis you're recognized thank you madam chair can and you explain me why the plant board is requesting this. No I can't bring it Sir sampling here to explain it for you. Is he available. No but if you like to recess for five minutes I try to go find him down. That's to Senator Davis I would be happy to do that you don't need to chase down I was just curious what the like you would have that opportunity S. for questing is that. But I'll be happy to date if the chair will be agreeable to to recess for a few minutes longer pertaining to what we'll give you. Well I really wanted to know the answer to so we'll give you of that three minutes being sprint three or four anyway. Maybe the I see we have someone else here to run the bill no okay. Is given a few minutes to see if you can't find. Wallace's. Manager yes I have a motion this is our last committee meeting of the session. We'll I think we uh we've been away we better wait list let's think about Wednesday. All right. You want to come forward and. I was gonna say Senator died yeah okay. Page two. Yeah go ahead Senator Davis and. Awaiting. Okay. C. coming. ZeroStack. We can I mean. All right we can ask questions on the floor listed that. Better tailored to come back in this for the vote we're gonna go ahead and. In the three. I think we decided we can ask questions on the floor. That's the don't want to believe the process madam chair woman so I know Senator Davis has some serious questions could be. I think it let me interrupt as chair I think we can ask those questions on the floor will let him know that we're going to ask the same question. But to anyway I don't see anything Other than that that I would ask and be happy entertaining or questions yeah all right you've got a question okay. is this the same plant board that has been extremely difficult to work this through the transformation process and through other things that through appointments to the board just difficulty along with at all times same people asking for something the exact same people's address from thank you for the question thank you okay any other questions. All right is anyone in the audience want to speak for against the bill. Seeing none what is the pleasure of the Committee. I make a motion make a motion to pass to have a second. Second all those in favor say aye hi all those opposed. All right your bill has passed ladies and gentleman and less you see something else I do not so. We are adjourned.