MINUTES OF THE SENATE NATURAL RESOURCES, AGRICULTURE, AND
ENVIRONMENT STANDING COMMITTEE
415 State Capitol, Utah State Capitol Complex
March 1, 2013
Members Present: Sen. Scott K. Jenkins, Chair
Sen. Allen M. Christensen
Sen. Jim Dabakis
Sen. David P. Hinkins
Sen. Peter C. Knudson
Sen. Ralph Okerlund
Sen. Evan Vickers
Staff Present: Mr. J Brian Allred, Policy Analyst
Ms. Lorna Wells, Secretary
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Jenkins called the meeting to order at 4:09 p.m.
S.B. 244 Utah Department of Agriculture and Food Amendments (Sen. D. Hinkins)
Sen. Hinkins introduced and presented the bill.
MOTION: Sen. Hinkins moved to replace S.B. 244 with 1st Sub. S.B. 244. The motion
passed unanimously with Sens. Christensen, Dabakis, and Knudson absent for the
vote.
Spoke in favor of the bill: Mr. Kyle Stephens - Deputy Commissioner, Utah Department of
Agriculture and Food
MOTION: Sen Vickers moved to pass 1st Sub. S.B. 244 out favorably. The motion passed
unanimously with Sen. Dabakis absent for the vote.
Approval of Minutes
MOTION: Sen. Christensen moved to approve the minutes of the February 25, 2013 and
February 27, 2013 meetings. The motion passed unanimously.
S.B. 242 Health Insurance Market Amendments (Sen. L. Hillyard)
MOTION: Sen. Knudson moved to amend S.B. 242 as follows:
1. Page
2, Lines 43 through 44
:
43
participation on an insurer's provider panel
:
(A)
without first providing the physician with the due
44
process protections required by this section
; or
(B) in violation of Subsection (3)
.
2. Page
3, Lines 59 through 66
:
59
(3) (a)
[[
A health insurer shall include a physician on its panel of providers
for the
60
insurer's health benefit plans if the physician meets educational, training, and
experience
61
requirements, and has demonstrated current competence.
62
(b)
]]
A health insurer shall apply reasonable, nondiscriminatory standards for the
63
evaluation of a physician's qualifications
[[
under this Subsection (3)
]]
for
inclusion on an insurer's provider panel
. The decision to include a
64
physician on an insurer's provider panel shall be based on an objective evaluation of the
65
physician's qualifications,
training, experience, and competency,
free of
anticompetitive intent or purpose.
66
[[
(c)
]]
(b)
A health insurer shall not consider any of the following with
regard to determining
The motion passed unanimously.
Spoke to the bill: Mr. Kelly Atkinson, Executive Director, Utah Health Insurance
Spoke in favor of the bill: Ms. Michelle McComber, Chief Executive Officer, Utah
Medical Association
Dr. Brian Hales, President, Utah Medical Association
Dr. Ronald Ruff, Radiologist, Mountain Medical Physician
Specialists
Dr. Michael Webb, Radiologist, Mountain Medical Physician
Specialists
Spoke in opposition to the bill: Mr. Travis Wood, Utah Health Plans
Dr. Tim Pearson, Chief Executive Officer, Intermountain Urban
North Region & Intermountain McKay-Dee Hospital
Mr. Dan Liljenquist, Director, Intermountain Health Care
Mr. David C. Gessel, Vice President, Utah Hospital Association
MOTION: Sen. Knudson moved to go to the next item on the agenda.
SUBSTITUTE MOTION: Sen. Okerlund moved to pass the bill out favorably as amended.
The motion passed with Sens. Hinkins and Knudson voting in
opposition and Sen. Christensen absent for the vote.
S.B. 252 Hospital Credentialing Amendments (Sen. R. Okerlund)
MOTION: Sen. Okerlund moved to amend S.B. 252 as follows:
1. Page
4, Lines 115 through 119
:
115
(7) A hospital or integrated health system that violates the provisions of this section:
116
(a) has violated standards of operation for the hospital;
and
117
(b) may be held liable to the physician in a private right of action for the violations,
118
including proximately caused damages
[[
; and
119
(c) may be subject to regulatory action by the department.
]]
.
2. Page
5, Line 123
:
123
association with a group holding the contract.
(9) Nothing in this section prohibits a hospital from entering into an exclusive
contract for services that are performed in the hospital if the exclusive contract is
between the hospital and a physician or physician group that is not employed by:
(i) the hospital; or
(ii) an integrated health system affiliated with the hospital.
The motion passed with Sen. Hinkins voting in opposition and Sen. Christensen
absent for the vote.
Sen. Okerlund introduced and explained this bill.
Spoke in favor of the bill: Ms. Michelle McComber, Chief Executive Officer, Utah Medical
Association
Mr. Brian Hales, President, Utah Medical Association
Dr. Ronald Ruff, Radiologist, Mountain Medical Physician
Specialists
Spoke in opposition to the bill: Mr. Alan Dayton, Lobbyist, Intermountain Health Care
Mr. David Gessel, Vice President, Utah Hospital Association
MOTION: Sen. Christensen moved to pass the bill out favorably as amended. The motion
passed with Sen. Jenkins voting in opposition.
S.B. 254 Penalty for Well Drilling Without a License (Sen. W. Harper)
Sen. Harper introduced and explained this bill.
Spoke to the bill: Mr. Boyd Clayton, Utah Division of Water Rights
MOTION: Sen. Christensen moved to pass the bill out favorably. The motion passed
unanimously.
H.B. 142 Public Lands Policy Coordinating Office Amendments (Rep. R. Barrus)
(Sen. R. Okerlund)
Rep. Barrus introduced and explained this bill.
MOTION: Sen. Okerlund moved to pass the bill out favorably. The motion passed with Sen.
Hinkins absent for the vote.
MOTION:Sen. Christensen moved to adjourn. The motion passed unanimously.
Chair Jenkins adjourned the meeting at 6:10 p.m.
Minutes were reported by Lorna Wells, Secretary
_________________________________
Sen. Scott K. Jenkins, Committee Chair