Insurance & Commerce - Senate
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Bills discussed (10)
| Bill | Title | Sponsor | Status |
|---|---|---|---|
|
HB1357
Act 583
· 2 mentions in agenda, chapter
Matched: “AGENDA (Revised 3/29/21 @ 4:20 p.m.) Added HB1357, HB1573, HB1601, SB603, and HB1468 & Removed SB594 HB1156 M…”
|
TO CONTINUE CARE FOR THE PROTECTION OF CANCER SURVIVORS. | Vaught | Notification that HB1357 is now Act 583 |
|
HB1468
Act 586
· 2 mentions in agenda, chapter
Matched: “…29/21 @ 4:20 p.m.) Added HB1357, HB1573, HB1601, SB603, and HB1468 & Removed SB594 HB1156 Moved to Deferred Bills Senate Commi…”
|
TO CREATE THE INDEPENDENT TAX APPEALS COMMISSION ACT. | Jett | Notification that HB1468 is now Act 586 |
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HB1569
Act 965
· 2 mentions in chapter, agenda
Matched: “HB1569 Lundstrum TO ESTABLISH THE ARKANSAS FAIRNESS IN COST SHARIN…”
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TO ESTABLISH THE ARKANSAS FAIRNESS IN COST SHARING ACT. | Lundstrum | Notification that HB1569 is now Act 965 |
|
HB1573
Act 589
· 2 mentions in chapter, agenda
Matched: “HB1573 M. Gray TO AMEND THE STATUTES CONCERNING PROCURERS; AND TO…”
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TO AMEND THE STATUTES CONCERNING PROCURERS; AND TO REGULATE THE USE OF A PROCURER BY … | M. Gray | Notification that HB1573 is now Act 589 |
|
HB1601
Act 590
· 2 mentions in agenda, chapter
Matched: “AGENDA (Revised 3/29/21 @ 4:20 p.m.) Added HB1357, HB1573, HB1601, SB603, and HB1468 & Removed SB594 HB1156 Moved to Deferred…”
|
TO MODIFY THE MINIMUM REQUIRED NONFORFEITURE RATE FOR INDIVIDUAL DEFERRED ANNUITIES UNDER THE STANDARD NONFORFEITURE … | Evans | Notification that HB1601 is now Act 590 |
|
SB603
Act 723
· 2 mentions in chapter, agenda
Matched: “SB603 Irvin TO CLARIFY THE LAW CONCERNING A HEALTHCARE INSURER'S…”
|
TO CLARIFY THE LAW CONCERNING A HEALTHCARE INSURER'S CONTRACTING WITH A TEMPORARY HOSPITAL FACILITY; AND … | Irvin | Notification that SB603 is now Act 723 |
|
HB1156
· 1 mention in agenda
Matched: “…d HB1357, HB1573, HB1601, SB603, and HB1468 & Removed SB594 HB1156 Moved to Deferred Bills Senate Committee on Insurance and C…”
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TO ENHANCE THE 911 SYSTEM IN ARKANSAS; TO MODIFY THE DISTRIBUTION OF MONEYS IN THE … | Ladyman | Recommended for study in the Interim by Joint … |
|
SB351
· 1 mention in agenda
Matched: “…THE USE OF A PROCURER BY A LICENSED CHIROPRACTIC PHYSICIAN. SB351 Irvin TO REGULATE PEER-TO-PEER CAR-SHARING PROGRAMS; AND TO…”
|
TO REGULATE PEER-TO-PEER CAR-SHARING PROGRAMS; AND TO CREATE THE PEER-TO-PEER CAR-SHARING PROGRAM ACT. | Irvin | Died in Senate Committee at Sine Die adjournment. |
|
SB594
Act 1052
· 1 mention in agenda
Matched: “…) Added HB1357, HB1573, HB1601, SB603, and HB1468 & Removed SB594 HB1156 Moved to Deferred Bills Senate Committee on Insuranc…”
|
TO AMEND THE ARKANSAS RESIDENTIAL LANDLORD-TENANT ACT OF 2007; AND TO AMEND THE LAW CONCERNING … | J. Dismang | Notification that SB594 is now Act 1052 |
|
SB81
· 1 mention in agenda
Matched: “…EALS COMMISSION ACT. DEFERRED BILLS Number Sponsor Subtitle SB81 J. Dismang TO AMEND THE LAW PROHIBITING SPOOFING; TO REGULA…”
|
TO AMEND THE LAW PROHIBITING SPOOFING; TO REGULATE MUNICIPAL TELECOMMUNICATIONS SERVICE PROVIDERS; AND TO DECLARE … | J. Dismang | Died in Senate Committee at Sine Die adjournment. |
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model law for individual to further essentially what a non forfeiture benefit is it if you're paying into an annuity and decide at some point to stop paying minimum non forfeiture benefit is a guaranteed benefit for the for the for the pair on the the A. I. see has a formula for stab wishing that minimum amount it's a complicated formula and I don't know it and I'm not sure it's relevant for for for our discussion but there's a formula for calculating what that
minimum interest rate for the benefit is. In addition to having the formula of the N. A. I. see is also set in Arkansas is adopted that regardless of what the formulas that is there is a floor and that floor has been. I believe that floor was one percent because that was well above what interest rates have historically been. With rates with treasuries below that one percent the in a I see at the urging of of consumers. Agree to reduce the floor
because they were fighting insurers were not offering these products or suggesting that we stop offering the products because the calculation was some number well below the floor but they were still required to to provide a benefit that was on unprofitable and so the A. I. see adopted a floor of now point one five percent is the minimum of rate you still have the formula so whatever the formula says if it's above the one point is if it's above the point one five
that's your guarantee you just can't go below that. The bill does not impact the existing knew it is that are out there to people that already have them it only affects those that are sold after the law comes ACT. Okay Senator Irvin I'm going to assume you're closed in that presentation I am okay committee members we have questions concerning house bill sixteen oh one. Yes it was a very good senator Hickey you are recognized and I
think you explain that I think I fully understand this but I do want to make sure one thing that complicated the former that you're talking about it No Way takes in the floor in the calculation of what somebody's gonna get paid is it. So in other words US lowering this is not going to happen in the it is not going to have an impact on what somebody's getting paid because we're changing the for yes okay does not thank you Sir. Other questions of committee member Senator Teague you're
recognized so help me understand how that no impact happens because I understand you say there's no impact would to reduce the amount of funds available right. To reduce the interest system he's got arm how does that. It when I said no impact I mean there's no impact for people that have already purchased an annuity and have a minimum rate set in their policy it doesn't change that so this sets the new minimum floor it policies going forward. Okay.
Going forward. Any other questions. Seeing no further questions is there anybody in the audience who would like to speak for against this bill. Seeing none Senator Irvin would you like to close for your bill yes I'm close I'm motion do pass and shoot Senator Irvin has a motion do pass as chair see a second. Senator Elliot is with the
second all members on house bill sixteen oh one. For the do pass motion please say aye aye same sign opposed. Chair says your bill has passed thank you County yes. Okay The. All you got you got options we got a whole book of rules you got up since current.
Let's let's move forward Senator Irvin I understand you're going to present Senate bill six SO three committee members I'd reference that Senator been asked for senate bill three fifty one to be moved at least till Thursday so that on the calendar for Thursday but on there or on Senate bill three yes okay thank you so much so members of the committee Senate bill six oh three and. I'll give you a little bit of background as to why this is a necessary legislation the centers for Medicaid and Medicare services under the
hospitals without walls program allow participating ambulatory surgery centers to convert to licensed hospitals during the period of the corona virus public health emergency this program is a federal section eleven thirty five program to give that our country the flexibility to meet the public health demands in order to treat patients and save lives in cooperation and in an effort to on board as many facilities as possible to meet the increased
demand for ICU beds COVID beds and also to meet the public health needs of our citizens for routine healthcare in the midst of this pandemic the Arkansas department of health suspended portions of its rules for executive order for the governor at four hospitals and related institutions according to the governor's executive order twenty dash zero six and twenty dash zero sixteen to allow the issuance of hospital licenses to to facilities that were previously licensed as
ambulatory surgery centers that enrolled as a hospital under the CMS hospital without walls program both Medicaid through DHS and Medicare were able to work closely through this transition with participating entities to support the payments transition that the license required and what this bill does is addresses the need for the private insurance companies to also work with our participating ambulatory surgery centers as they transition to and from the
hospital without walls program as our states and citizens public health emergency needs require we want to encourage as many facilities as possible to step up and help us meet the needs and demands of our citizens three participating in the hospital without walls program we should all. I'll be working towards that objective and we should not penalize them for stepping up to help the payers must also allow for these transitions through ensuring that contracts can be restored after the public health emergency has ended because if
they do not it completely wipes away any incentive for these people to step up and participate in the hospital without walls program and meet the needs of our citizens. Okay other questions Senator Ingram you're recognized for a question. Okay or make sure I understand. Of. With all the responsibility that the hospitals that walls to all the responsibilities that hospitals have a.
In a required to write verses these specialty ambulatory clinics. Why would they want to stay is a hospital why would they not want to get back immediately to to they are they do they want to they they want to go back to being an ambulatory surgery center the problem is their they're contracts are not being renewed. And so and and they're being delayed and they're not being renewed and they're utilizing that as a trend as leverage
against the those participating facilities and I have somebody here that can speak more directly to your question the big right I just like an example I understand where you're headed Mr chair cannot bring him he's here to speak for the bill but that would be fine okay come on a done for yourself for the record. My name is Dr Scott Slesinger I'm a neurological surgeon here
in Little Rock for the last thirty plus years and work at an angle Tory surgery center this call legacy spine and neurological specialist. You may proceed. Okay zero emotion as to Got a question I I I think it together the best understanding of what is the real issue is and why I'm even here. First this is been very entertaining to see how the legislative process works.
The doctor the years and I don't even know coupons or what I've been in lightened with lots of new knowledge this afternoon. You're welcome back anytime. You may have to pass on that kind and generous offer. No problem the reason I left. Early in scheduled office afternoon for this in light when it's been this is a very significant issue that I'm not
sure if the opportunity to come and talk about and share with we've been talking about this may make his little sense to read as the coupons did to me but here's the bottom line in this March of last year about a year ago when this country window is plunging into death and destruction. And our hospital systems were strained to the Max. CMS recognized that we needed to take every possible action to
create a safe environments to care for patients who were not needing covered related care and to make sure that every bed capacity be provided for those who are sick and dying. Available at those hospitals that normally provided secured care so CMS this program is really not a the reason we're here because that was a decision by the president of the United States and CMS director to.
Create this hospital without walls program one of one angle they used was allowing hospital care to be done at the patient's home but the reason I'm here is I I'm been actively working in spinal inventory surgery center for twenty years now and windows came up and we had to basically shut down elective tour in the hospital and everywhere including in which which of the
center and then CMS rolled out this opportunity. Four amatory surgery centers to enroll as temporary hospitals under the eleven thirty five waiver program we signed up and we signed up for a number of reasons. But to understand what the difference between surgery center is at a hospital out patient is critical here. A hospital out patient or less divided into surgery center it
is a freestanding surgical center that under Arkansas law cannot keep patient more than twenty two hours and if you keep patient more than twenty three hours it's a reportable event to the health department is very not good. it can you could lose your license for keeping people more than twenty three hours that's the definition of an amatory surgery center. The hospital outpatient department or hospital if if one
of the hospitals came and purchased inventory surgery center. And by extension now there are some law changes Telford has to be now from the main campus but essentially that same centers hospital outpatient and can keep people for three weeks or whatever any other hospital outpatient services have a definition of hospital outpatient services or services provided at the main hospital any of our fantastic costumes but you go home within twenty four hours so it doesn't really
matter whether you whether it's a appendectomy or enter cervical fusion or lumbar discectomy AT and in that procedure if it's done at a facility which is not owned by the hospital you have to leave within twenty three hours and and so that was issue number one number two. I just understanding what is in a a C. five because some made under such which is procedures that can be done. The same person almost always say procedures it can be done at
a hospital considered outpatient or large lead to report a U. S. C. but a hospital can keep the patient indefinitely which is great if I need to stay indefinitely was it a lesson you can't you have to transfer the patient to accept your under eye and see license so under this. Development. Researchers across the country were allowed under Medicare rules and guidelines to keep people for how many everyday is
a need to stay not just twenty three hours and you have to transfer them you can keep a patient for two days three days a week whatever was necessary. Medically it and and in order to that end and that's to our pension issue you also to CMS is allowed agencies to perform traditional inpatient cases as well now obviously I'm not going to do a brain surgery and an outpatient center and I'm not
going to no heart surgeons June and let you on the next day or the same day. But what they recognized his the the definition between in patient out patient is very obscure anyway and and there's a big movement of flow to move everything to work can be done whatever it is deemed medically appropriate by your surgeon but we won't get into all that I just want to give a little background on what are we talking about. So when this. Attorney became available several agencies in Arkansas and
I don't know who did and didn't enroll but we elected to enroll in the federal. program CMS issued our license I think sometime in April as a temporary hospital in the within the region the laws in the collaborative virgin the rule is very clear as soon as the PhD is declared for by CMS or the president or whoever declares a public health emergency over
then we immediately those pay a season enrolled as hospitals if you would. We revoked license back to an amatory surgery center in there therefore are now back to the twenty three hour restriction and also wonder CMS or certain procedures that are covered in a hospital owned outpatient center that are not yet covered amatory surgery center net again I don't digress into that issue as well but the point is the CMS said
the regulatory precedence of how the system more to work to try to get as many of the nation's six thousand amatory surgery centers. But. As possible and they wave to most of the requirements of the aggrieved. They they waive the requirements to obviously there was a in the operations center could meet such as having an emergency room or having a nice to accept
research CMS requirements and then left it up to the states in and to finalize the the details at the state level which I don't know what you read as follows to act or the what governor Hutchinson did. They recognize the program as well as the state so the Arkansas department of health issued the. A license as a hospital we'll they made it crystal clear if
the CMS is you you you are now a hospital you're no longer an agency you cannot. You cannot bill as an agency you you have to bill correct you have to act as a hospital you we expect you to take care of the patient not transfer patients you know what twenty six hours because you're tired of them you you take care of them which then if you don't then that's another. I have a motion to get you in front of the CMS
regulatory agency so what happened. It is every. Ninety percent of the commercial insurance companies I'm not going to name the exceptions. Did everything they could to facilitate the trance Florence of our contract because our contract as an A. as C. E.. Really by the term ASC no longer existed so. There are a couple of insurance
companies that just have done me very little to assist done all they can to inhibit and eight and one that has even sent out letters yesterday my patience several patients call we see that you are now terminated as an in network provider in the letter I received from this a named insurance company said since you're not able to see more or terminating your agency contract.
And and you have to reply me if and when you want and you're no longer hospital but at the same time have done everything they can to drag their feet on providing a even offer for a contract for the hospital coverage and we went ahead and in good faith we've been long as a needed to stay we have spent the extra money on nursing care to do so we've acted as if it were an awesome good faith despite these to hold out even for their patience and we build out the you know I'm not doing setting up the bill for my
insurance department is build out under a hospital. Lane and they're getting processed and paid is the agency contract we've always had but they're also you say well you can't do certain procedures because you're not a hospital we yes we hospital and we're not gonna recognized one is you know the bottom line is we've had great difficulty with two insurance companies. One it is terminated well threaten to terminate a contract
as of may first and I hope we can avoid hearing before me again before a court but there's no way I'm going to go I'm not going to do what we've done to get kicked out of an insurance company because I tried to help. All nations in the crisis now the last thing you I would say about you know what. Why I can't thank the hospitals this is not a hospital versus a is the issue this is about and it's not a. S. C. verses CMS issue or
Medicaid issue or even ninety percent of the commercial insurances in Arkansas it's about to that have access to it absolutely dug in their heels with with threats and actions to subvert any effort for us to enroll and participate in a discouraged numerous other agencies from doing so so where are we now will. In this many people may feel the pandemic is over so what does it matter why am I here what we we did this in March and in April
and we had no right to where we were going to be I have a brother that's been in the I see you now for six months on it for five of them on a ventilator for seven six number was six months pregnant provided. The hospital beds are still across the country in great critical supply shortage in certain areas and who knows when wave three if wave three that is projected going to do it and who
knows when the next COVID will hit nobody knew of COVID before. Nineteen two thousand nineteen already heard of it nobody cared about a pandemic not since nineteen eighteen so I ask Senator Irvin to write this bill not only about today and about yesterday but about the next pandemic so that no reinsurance company which subject to anybody to the discouragement to trying to do whatever they can either as a medical provider or is a facility provider to help and
save people's lives or save people suffering and say in helping their care okay. Senator Ingram I know you had a very specific question did you get the answer out of that because I think we kind of went into the testimony for the bill as well but it and do you need to follow up with you know just to basically. We got in a program we were with and and now you're the I assume that you want to get out of the program but your contracts all
the the data that with the issues with the two insurance companies they're not wanting to honor the the the great that it in a. We're not going to disengage it will be a licensed hospital to CMS says well you don't need to monitor and manage over one yes. Yes CMS is you immediately referred to your prior contract okay. One insurance companies said no
you're out and good luck getting back in yeah okay insurance companies have said we don't recognize you as a hospital at all. Trying to have it both ways are there any questions okay do we have any other questions the chair has a question for you and and this I think might be for doctor Slazenger but all mine I asked senator or Mr on page three and I math line well it's item five line three. Temporary hospital facility means a facility that was
previously licensed as an ambulatory surgery center that is a it's basically listing the two things you have to do correct Siva hospital license right and enrolled as a hospital under this printer for Medicare and Medicaid Services right my question is. For future that's not what this bill does but would it not be better to say that when said emergency is over said endorsement is over the you immediately go back to the old
licensing because is that not the issue we're facing here as we license for a hospital. They did or did not recognize you depending on whatever their per section is and they're not letting you go back to what you want to be right so that's the definitions part of it yeah I get that we're a good really fine have. This that that's the definitions part of it then then down under section twenty three nine nine fourteen oh five talks about what you're talking about I
think I believe will yeah it it does put up above his work clearly states who is the granting authority as you say the dietitians portion but I think it's at that point we've encountered the problem because you've been licensed as one thing you're not licensed as a second and we don't give the ability to fall back to the first thing I think is what the issue is is that the definition of the problem. Which is not being recognized.
As when you senator highlighted to get that six minutes and I salute. with two insurance companies that are recognizing the program exists one of which is saying well we don't try to recognize it and since you're now licenses all facility but we don't recognize you were not going to let you keep your ASC licenses which are last waste land but to be right in the.
For those of us who what I'm. We're trying to do which is the. Eighty. I would allow the in case Arkansas's critical capacity reached what it did in so many other places fortunately as of now we got close we didn't explode but this was a federal program and I didn't think it was best to wait and see okay now we need to start the process we went ahead and proactively
acted to participate and I don't feel we should be punished for it Senator Elliot you're recognized for a question now I'm going to ask a question that seems I guess it may seem obvious but I wanna be sure I'm not making this up so when I CMS made the ruling that you could act as a as a hospital there was nothing in that overriding ruling that would have taken care of this any hint of you will be made hold whatever you
work when you went back to being that the is that the insurance companies would not have this kind of authority over you nothing in those rules about that. man happy to try to find new application but you have to fill out a to station to say you're willing to do this you will want to you know keep people for as long as Sir you're willing to do X. Y. NZ and it said J. E. would referred back your status and
licenses recrimination CMS CMS because everything we do as a facility is under CMS everything we do. Whether it but there was no there's no kind of immunity for being the good guy here I don't recall a bad guy. Well I we seem to have with everybody else who's been granted immunity that's why I wondered about that yeah you know the. And and that would be great but Triggering.
It is. The state level because it National Association of amatory surgery center said they hadn't seen this problem in other states and that is okay that's the reason I'm sitting here with Senator Irvin okay Senator Hickey you're recognized right and thank you Dr and I was going to S. isn't but on page three it's kind of a loose to what Senator Pitsch and. Maybe Senator Elliot was even saying I feel improve my bill I'm happy to have you help me improve the bill if the might be
going down that path in this is probably road on page three on line twenty six in this is if a temporary hospital facility converts back it's really that will happen one way or the other at some point is that correct. God is pandemic is over soon but there's no way that you're ever going to see that you would studies have no ability to okay with masks and we. No it's okay I'm so sorry and this message may be crystal
clear you wrote we're we've enrolled as kind of a safety net and service whatever we don't need you anymore you're just back where you were and I don't think it has a bearing on the bill I just see that it would have been better or simply and so instead of S. yes hello okay and I don't see what's going to have any bearing because. Because you're going but you because at some point three CM is you're going to be required to combat yeah okay thank you.
Okay but I can I mean I see what you're saying Senator Hickey and that might be a good thing to try to change just because that will happen hope like pray to god that the pandemic is completed and. So. Senator Hickey is it I don't know the most and maybe the as long as it doesn't have any effect on the the outcome of the bill I mean that those like I say I think I don't think that we would need to change it is just okay I think we in would have been better but yeah understood.
Yes I agree but we might see what we would do is just check with the bureau to make sure they don't see any okay in the consequences for that I'll do that thank you so much. Okay do you have any other questions. We've got some people in the audience to speak for against the believe Parker Slazenger was up and spoke for the bill do we have anybody to speak against the bill. Derek Smith you've had a busy day please come to the end of the table and identify yourself one more time.
For the record well Mister chairman how are you thank you my name is Derek Smith attorney with the Mitch Williams law firm here in Little Rock I represent United healthcare on this particular bill I suspect it's one of the two. In a previous conversation and I will say that doctors lessons or is about to see one additional benefit of coming to the sessions where you can sit next to a senator and being on the same side on the bill and five minutes later sit next to the same senator to be on a
different side but still smiling and happy. We've both been vaccinated. And past the two week period for the audience they both of them vaccinated if that was not heard. And have at it so our position on this bill is pretty simple and and we did not have the benefit of the explanation that was just offered just now the bill is filed yesterday and and knowing kind of some history here we were we've been against it at the as far as we know
UnitedHealth group is as as a national ensure contracting with providers around the state around the southeast around the country there's only one facility that's in this particular position that one apply for the waiver and she attain the waiver and to obtained a temporary hospital license from a state department of health this is the case here and so it strikes us a little odd that we would have legislation to address essentially what is a
contracting negotiation between a provider and ensure that's really opposition having heard the discussion a few minutes ago I do hope that United was not one of the carriers that did some of the things described but I'm sure we can talk about that and we can talk with Senator Irvin as well but it's really just a position of adopting legislation to
address what is really a contract negotiation between a single provider and single sure or maybe teachers are there any questions from committee members. Senator Elliot you're recognized so that I don't misunderstand so you're saying basically you could get together and work it out. Whatever the problem is we're seeing here is that what you're saying I would hope so I think if if if you have reasonable parties in a room then yes or there isn't there is the opportunity to reasonable.
I understand what you mean the thank you I was I was just opened lord once we might have a bill come to us to get worked out some other way that would be so wonderful I would hope so. Senator Ingram you're recognized. Well. Our I don't think this is the first time that an issue of a single entities come before this body to be dealt with if that was the if that was where you were trying to head up there of I would hope that you know if we
need to pass this week to to do this but I would hope that we could work it out because on the surface and I might be the only one who feels this way but of we've got an entity that was trying to do the right thing and step up and the only to find out that the possibility that insurance companies were trying to use a loophole of that would favor the insurance companies over somebody that was trying to do right so of that that would be my concern so I with the
with Senator Irvin however she wants to see. Senator that concern isn't is appreciated and again not I did not have the full benefit of the discussion that you all heard but I would hope that the parties get together and negotiate and resolve this issue as well. Okay any other questions. Thank you for your testimony again Mister Smith thank you thank you just to check is there anybody else in the audience would like to speak for or against the bill dark sludge. Well police under the table so we got on the microphone for the audience at large.
This is. After such injury and and I just wanted to reply to the eloquent the opposition of the. The fact of the matter is it's not a single entity in a single insurance company there for five entities in Arkansas the at in regard attempting to enroll new members to have an enrolled because of the friction number
two this is now rule almost nine months into this attempted negotiation. This again I and I'm doctor not a lawyer but we met I I'm not gonna name particular law. That representatives of United century to produce the name address and planned to serve. And the question posed to me is that's just not the way we do business. Leding
the fatty firm to make sure that all annually Sander for nine months and have gotten absolutely nowhere except out of United's provider network in a letter sent to all of our patients seven such so as much as I would love to have more to say we tried and what I was basically told is this is unprecedented we never heard of this and I said to the attorney from Atlanta. Well the last pandemic was in nineteen eighteen the last time
in two minutes in this instance is nineteen nineteen and I asked to living in a bubble at which point she said that I was disrespecting her and not discussing more on this matter again click basically so I don't know the answer is not one center is not just one insurance company this is again about not only today it's about the next pandemic with this pandemic I hope we never have to face this
threat to public health again but if you I don't want to have to negotiate with somebody in Atlanta it's been living in a bubble thank you. Okay I believe we have nobody else to speak for against the bill Servin would you like to close for your bill yeah no members I. I think I mean I think what's so important here is that you have a licensing issue and then you have a paying issue and the pandemic you know has really
brought out I think the best in people and I appreciate those that have stepped up to do what they saw what the right thing to do and to try to take care of the needs that we greatly needed to use all as ship be brought into the port of of New York you saw at the hospital without walls tents being put up in Central Park you saw this around the country where you desperately needed more capacity
to take care of patients and we cannot throw cold water or damp water on and and somebody's ability to step up and fill a need when there is a dire need to do this and so you know it's very important that the pay yours need to understand that we've got to allow for this flexibility and so we've got to work with our entities to transition them into a program like this when we desperately need it and then then to have
the opportunity to transition them back once a pandemic is over so that they are paid appropriately for what they're doing I mean that's all they're asking for there's no terms that are dictated in this contract what we're saying is please cooperate and allow for the flexibility of transitioning into a hospital without walls program and then transitioning out of it in order to meet the needs of the country in the patients that's really it and so I just I appreciate the conversation I appreciate the dialogue and I also just want to
say you know there are loved ones that have died from this there are loved ones that are still suffering for this and Dr session is. You know he did he didn't touch on it but I have tracked very closely with what has happened with his brother and. I don't know how he's sitting here because he was driven by a passion that he personally personally has experienced and continues to experience with his brother he was fighting for his life and trying to survive and
seeing those first hands why it was so important to open up his facility to take care of patients and without I'm closed and I make a motion to pass. We have a motion do pass from Senator Irvin we have a second from Senator Teague Senate bill six oh three all in favor please say aye. Same sign opposed your bill has passed thank you ma'am and let's move on the last one of the daily House Bill fourteen sixty eight representative Jett
Senator Blake Johnson. We'll be presenting. Because the end of the table. Senator Johnson thank you for waiting you've waited a long time. I can collect Dr Celestron learned a lot about a lot of things a lot of things a lot of things today all you're always welcome back to our committee learned a lot of the same committee well you may proceed you are recognized should indulgence this is something
that I've worked on since two thousand and eighteen and have a bill that didn't have time in two thousand nineteen in that session and I appreciate the resentment jets for working through some of these matters and this bill creates within the Department inspector general an independent agency with with tax expertise to resolve tax disputes between the department of finance and taxpayers. Before requiring payments of the announcmenet any issue.
This will establish the tax bills commission as an independent tax tribunal the the make up of the tribunal be will be selected from a pool of candidates recommended from the Arkansas Bar Association the Arkansas Supreme Court and the Arkansas society of certified public accountants three from each of those bodies three persons from each of those bodies will be selected by those bodies to be chosen by the governor
and the the the chief commissioner will come from the Arkansas Supreme Court delegate which will be a licensed to practice law and a certified accountant in the state of Arkansas. The. In the all three will hear controversy that is above two hundred fifty thousand dollars this is agreed upon bill and work through the state chamber the the the FNA the governor's office inspector general's office the society of certified public accountants and the
Arkansas Bar Association and no no opposition to this bill I appreciate a good vote. House Bill fourteen sixty eight has been presented do we have questions Senator Ingram you're recognized I'm trying to read through it it's of and I think I understand are are the commissioners allowed up to have a continue their private practice no Sir okay that. And they'll get paid the same as a District Court judge. And their benefits and that.
Do we have any other questions. I'm gonna grant a minute to look through the bill because this was one that just barely made the eighteen hour we read across yesterday and but it also I have no questions. I didn't know it came into this committee so I appreciate the Germans the let me know that it is in here so it was there for the full eighteen hours but just barely.
If it helps it came off the house floor as a ninety five zero vote so. Don't help at all Senator. Okay. The motion at the proper time. Well everybody's had a second. Well I'll tell you all everybody's looking at whenever I started investigating this was brought to me by a tax professional who has practice in other states and and he requested that.
We look at I look into this and whenever I looked into this we were one of six or seven states that don't do an independent tax tribunal outside of the department that can this issue those funds so that was the that was the push that I had whenever I thought this would be a fair process for the taxpayers and in Arkansas. I believe we got a questions Senator Ingram you're recognized. Nine years a long term so you they're probably going to be
some replacements make sure I understand if the it's on page five line fourteen regarding the governor shall appoint a commissioner fill a vacancy are those new names submitted or they come out of the regional pool or how does that work well each one of those would come from you know the certified public if if it was in that block the certified public accountants or the one that was from the Supreme Court it would be in the same the you know or
or the bar association you know the Bar Association requires a licensed attorney in the state of Arkansas the Supreme Court nominee is they have to be a licensed attorney and the CPA and the certified public accountants Hey it has to be a certified public accountant so depending on what one of those and they would give the nomination. And no and and yeah okay so if it was a Bar Association and that they had to replace the Bar Association give with those B. that would be a new pool of names not the regional
development the original pull they might not even be in practice any longer you know want me to what with questions nine your term so you know they they would have to come up with the laws of nature okay. We got to discussing things are there any other questions a committee members. I'll close all have some leeway with questions if you still have them but is there anybody in the audience would like to speak for or against this bill.
Saying not all ask for questions one more time. Seeing none senator Johnson would you like to close for your bill closed and I appreciate a good vote okay what is the will of the committee. Do pass on I mean that's one of seventy. This is but it might be one of the bigger bills of the session of committee greets and fairness this not been there in the past you know he had an entity that was pleasing itself it's on finding and so conclusions so
again I appreciate the diligence the fact stuck with this for so many sessions and and hopefully we can get it across the finish line because I do believe it will be a benefit for taxpayers in the state thank. Okay he's already closed but because of the leeway on questions I'll go ahead Senator Irvin it's it's not a question is just discussion okay I'll I'll seconds off second motion I just wanted to I want to acknowledge the motion and a second and then we can go to discussions you we have a motion for Senator Dismang second Senator Irvin and discussion no I I just appreciate I think. I know that this is a lot of
work and I I I wanted to echo what Senator Dismang said I think it's really important that taxpayers have. And. Because right now I I mean to me I think a lot of people don't feel like to have an Avenue to be able to really challenge you know something that the FNA or would come to you and say this is your you know this is what you as what you don't whatever I mean there just doesn't seem like there's Avenue so I know it was a lot of hard work and so I
just wanted to have a discussion on the bill that I appreciate I appreciate what what you're doing here I think it's really going to be helpful for our citizens if it be okay in negotiations the commission revenue can tend to go shape these things also and and if that's not you know acceptable this is this is a administrative procedure it is you know there's legal you know persons in the US but also this allows for for non
legal with that account and and in in the bill and the staff it has manufacturing processes so that they'll be some manufacturing process knowledge on staff we're we're those commissioners can use use that staff member to to get some background knowledge outside of the law or the C. the CPA's expertise to to help with the with the decisions that they make and okay we have a motion do pass from Senator Dismang a
second from Senator Irvin I believe are ready for a vote all in favor of passing house bill fourteen sixty eight police say aye hi same side opposed. Thank your bill has passed before we adjourn members we currently have five bill scheduled for Thursday will see Senator Dismang you have two of them I know one of them you for your want to get run as soon as possible so will probably lead off of that there be some change
in the schedule but is that for the good of the calls ways do we
Agenda
Call to Order
HB1569 Lundstrum TO ESTABLISH THE ARKANSAS FAIRNESS IN COST SHARING ACT.
HB1357 Vaught TO CONTINUE CARE FOR THE PROTECTION OF CANCER SURVIVORS.
HB1573 M. Gray TO AMEND THE STATUTES CONCERNING PROCURERS; AND TO REGULATE THE USE OF A PROCURER BY A LICENSED CHIROPRACTIC PHYSICIAN.
HB1601 Evans TO MODIFY THE MINIMUM REQUIRED NONFORFEITURE RATE FOR INDIVIDUAL DEFERRED ANNUITIES UNDER THE STANDARD NONFORFEITURE LAW FOR INDIVIDUAL DEFERRED ANNUITIES.
SB603 Irvin TO CLARIFY THE LAW CONCERNING A HEALTHCARE INSURER'S CONTRACTING WITH A TEMPORARY HOSPITAL FACILITY; AND TO REGULATE HEALTHCARE CONTRACTS TO REQUIRE GOOD-FAITH COOPERATION.
HB1468 Jett TO CREATE THE INDEPENDENT TAX APPEALS COMMISSION ACT.
Adjourn
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — INSURANCE & COMMERCE - SENATE, Mar 30, 2021 | Agenda | 1 | Official source ↗ |