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MINUTES OF THE HOUSE BUSINESS AND LABOR
STANDING COMMITTEE
Room 450, State Capitol, Utah State Capitol Complex
February 27, 2009

Members Present:    Rep. Jim Dunnigan, Chair
            Rep. Patrick Painter, Vice Chair                    
            Rep. Jackie Biskupski            
            Rep. Stephen Clark
            Rep. Susan Duckworth            
            Rep. Gage Froerer         
            Rep. Kevin Garn
            
Rep. Francis Gibson
            
Rep. Neil Hansen
            
Rep. Brian King
            
Rep. Todd Kiser
            Rep. Michael Morley    
            Rep. Brent Wallis
            Rep. Curt Webb
             
Staff Present:    Allison Nicholson, Policy Analyst            
            Linda Error, Committee Secretary

Note:        List of visitors and a copy of handouts are filed with committee minutes .

Rep. Dunnigan called the meeting to order at 4:35 p.m.

MOTION:    Rep. Wallis moved to approve the minutes of the February 25, 2009 meeting. The motion passed unanimously, with Rep. Biskupski, Rep. Clark, Rep. Froerer, Rep. Garn, Rep. Gibson, and Rep. Morley absent for the vote.

S.B. 120    Workers' Compensation Act - Medical Reports (Sen. K. Mayne)

Sen. Mayne presented the bill to the committee.

MOTION:    Rep. Hansen moved to pass the bill out favorably. The motion passed unanimously, with Rep. Biskupski, Rep. Garn, and Rep. Morley absent for the vote.

S.B. 121    Workers' Compensation - Attorney Fees (Sen. K. Mayne)

Sen Mayne presented the bill to the committee.

Spoke for the bill:    Tom Bingham, Utah Manufacturers Association



MOTION:    Rep. Gibson moved to pass the bill out favorably. The motion passed unanimously, with Rep. Garn and Rep. Morley absent for the vote.

H.B. 450    Trademark Amendments (Rep. B. Last)

Rep. Last presented the bill to the committee with the assistance of:
Jay Maguire, 1800Contacts
Kirk Torgenson, Office of the Attorney General
Paul Cassell, professor, University of Utah

Spoke for the bill:        Spencer Stokes, Xango
                Robert Conlee, Xango
                Mike Lee, 1800Contacts

Spoke against the bill:    Gary Thorup, eBay Inc.
                Ross LaJeunesse, Google Inc.
                Jonathon Richards, Utah Technology Council (handout)

MOTION:    Rep. King moved to pass the bill out favorably. The motion passed, with Rep. Clark, Rep. Froerer, Rep. Garn, Rep. Gibson, Rep. Hansen, and Rep. Morley voting in opposition.

S.B. 160    Utah Venture Capital Enhancement Act Amendments (Sen. S. Jenkins)

Sen. Jenkins presented the bill to the committee with the assistance of Peggy Wallace, Utah Fund of Funds.

MOTION:    Rep. Froerer moved to pass the bill out favorably. The motion passed unanimously.

H.B. 356    Barber, Cosmetologist/barber, Esthetician, Electrologist, and Nail Technician Licensing Act Amendments (Rep. M. Newbold)

Rep. Newbold presented the bill to the committee with the assistance of Candace Daly, Utah Cosmetology Association.

MOTION:    Rep. Painter moved to adopt 1st Substitute H.B. 356. The motion passed unanimously.

Rep. Hansen and Rep. Garn declared a conflict of interest.


MOTION:    Rep. Hansen moved to pass the bill out favorably. The motion passed unanimously.

H.B. 135    Lien Revisions (Rep. B. King)

Rep. King presented the bill to the committee. (handout)

MOTION:    Rep. Painter moved to amend the bill as follows:

1.    Page 3, Lines 70 through 79 :    

             70          (2)
  Except as provided in Subsection (5)(a),            {   If   }        if       a patient is injured in an accident that is not covered by workers' compensation, a

             71      hospital may file a lien in accordance with Subsection 31A-26-301.5 (2)(b):
             72          (a) (i) upon damages recovered by the patient from a judgment or settlement; and
             73          (ii) to recover usual, reasonable, and customary hospital charges
  not paid in accordance with Subsection 31A-22-307       arising out of the

             74      accident for treatment, care, and maintenance of the patient up to the date of
{   payment of the

             75      damages  
}
  judgment or settlement       ; or

             76          (b) (i) upon damages arising out of the accident recovered by the patient's family or
             77      personal representative from a judgment or settlement; and
             78          (ii) to recover usual, reasonable, and customary hospital charges
  not paid in accordance with Subsection 31A-22-307       for treatment, care,

             79      and maintenance of the patient up to the date of
{   payment of the damages   }        judgment or settlement       .


2.    Page 3, Line 84 through Page 4, Line 96 :    

             84      patient for the balance of the charges.
             85          
{   (5) Notwithstanding Subsection (2), a hospital that is a Medicare provider may not file

             86      a lien if at the time that the hospital submits a patient's claim with Medicare on behalf of the
             87      patient:
             88          (a) the patient is covered by Medicare; and
             89          (b) the hospital has not established the probable existence of third-party liability and
             90      payment through a judgment or settlement.


             91          (6) Notwithstanding Subsection (2), a hospital that is a Medicaid provider may not file
             92      a lien if at the time that the hospital submits a patient's claim with Medicaid on behalf of the
             93      patient:
             94          (a) the patient is covered by Medicaid; and
             95          (b) the hospital has not established the probable existence of third-party liability and
             96      payment through a judgment or settlement.  
}
  (5)(a) Subject to Subsection (5)(b). a hospital shall timely bill Medicare or Medicaid before asserting a hospital lien if the hospital:

    (i) is a Medicare or Medicaid provider; and
    (ii) provides services to a Medicare or Medicaid eligible individual.
    (b) A hospital is not subject to the provisions of Subsection (5)(a) if the hospital, within a Medicare or Medicaid billing time frame, is able to establish:
    (i) the probable existence of third party liability; and
    (ii) prospective or actual payment from a third party that constitutes whole or partial payment for the hospital's usual, reasonable, and customary charges.
    (6) A hospital may assert a lien in an amount of up to 90% of the difference between the hospital's usual, reasonable, and customary charges and the amount previously paid by health insurance, Medicare, or Medicaid if:
    (i) a hospital has billed and accepted payment from a payer described in Subsection (4) or (5); and
    (ii) the patient obtains a recovery from a third party that constitutes whole or partial payment of medical expenses caused by the third party.  


The motion to amend passed unanimously, with Rep. Gibson absent for the vote.

Spoke against the bill:    Dave Gessell, Utah Hospital Association

Spoke for the bill:        Charles Thronson, Utah Association for Justice

MOTION:    Rep. Biskupski moved to return the bill to the Rules Committee with a recommendation for interim study.



SUBSTITUTE
MOTION:    Rep. Webb moved to adjourn. The motion passed, with Rep. Biskupski, Rep. Duckworth, Rep. King, and Rep. Painter voting in opposition. Rep. Hansen was absent for the vote.

Rep. Dunnigan adjourned the meeting at 7:20 p.m.










                        ________________________________
                         Rep. James Dunnigan, Chair