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June 4, 2004
Riverton City Hall
Riverton, Wyoming
Representative Fred Parady, Chairman
Senator April Brimmer Kunz, Vice Chairman
Representative Randall Luthi, Secretary
Senator Irene Devin
Senator Keith Goodenough
Senator Rae Lynn Job
Senator Grant Larson (by phone)
Senator Jayne Mockler
Senator John Schiffer
Representative Rodney “Pete” Anderson (by phone)
Representative Tom Lockhart
Representative Wayne Reese
Representative Ann Robinson
None
Dan J. Pauli, Director
Mark Quiner, Assistant Director
Dave Gruver, Assistant Director
Don Richards, Senior Research Analyst
Chairman Parady called the meeting to order at 10 a.m.. The following sections summarize the Council proceedings by topic. Please refer to Appendices 1 and 2 to review the Council Meeting Agenda.
Minutes from the March 5, 2004 Council meeting were approved with one change. Representative Robinson clarified her motion from that meeting wherein she moved that the Medicaid services provided for special education in schools be moved from the Labor committee to the Education committee. With that correction, the minutes were approved.
Senator Larson and Representative Anderson as well as interested members of the press joined the meeting by telephonic conference call.
Chairman Parady announced that based upon polling of the members of the 57th Legislature, a special session will be convened beginning July 12, 2004.
Senator Kunz announced that the vote for the special session from the Senate was 18 votes in favor, 10 opposed and 2 not yet voting.
Chairman Parady announced that the vote for the special session from the House was 48 votes in favor 6 opposed and 6 not yet voting.
Senator Kunz stated that health care is very important to the people of the state. The Legislature will work diligently on the current crisis in health care, although all the problems cannot be resolved in one week. The Legislature will try to address the problem and will consider, among other things, bills submitted by the Governor relating to medical malpractice insurance subsidies.
Chairman Parady stated that the withdrawal of a major medical malpractice insurance company from the state has caused a problem in availability of coverage for the state’s health care professionals. He indicated the special session will require all legislators to work together to address the problem of medical malpractice. He noted further that the vote itself from legislators calling for a special session is an historic event since it’s the first time this has happened under the new constitutional provision allowing the Legislature to call itself into special session.
Senator Larson (participating by phone) indicated the Legislature will put together a package of bills including a constitutional amendment to address the problem. He looks forward to working with everyone in a spirit of cooperation.
Representative Luthi indicated he has mixed feelings about the special session. He is concerned over what the Legislature can and cannot accomplish during a special session. The Legislature will certainly have a widespread discussion of the problem but probably won’t have time to create a widespread solution. He noted that the Legislature will have further opportunity during the 2005 General Session to address the problem in more detail.
Representative Reese agreed there is a problem with medical care in the state, but doesn’t think there is a simple cure. Constituents have seen dramatic increases in their medical health insurance as well and he feels the Legislature needs to look at general health care issues for the State.
Senator Job indicated Legislators need to be accountable and go into the special session with open minds. Legislators need to listen to their constituents on this issue.
Chairman Parady acknowledged other problems exist such as the rising cost of health insurance premiums for individual citizens, however, he indicated the Legislature can't solve all the state health care issues in one week. Consequently, the focus of this special session will be the crisis in medical malpractice insurance coverage.
The Council then discussed rules for the upcoming session. Senator Kunz stated the rules for the general session would be in place for the special session and would be implemented with one exception: she anticipates that a rule will be adopted to provide that the work that comes from the committees will be in the form of mirror bills to be introduced simultaneously in the House and Senate. She encouraged individual legislators who have bill drafting ideas to work with the committees to have their bills considered prior to the start of the special session.
The Council then discussed the work assignments in anticipation of the special session. Chairman Parady suggested assignments be made to the Joint Judiciary and the Joint Labor, Health and Social Services Interim Committees jointly as well as to the Joint Appropriations Interim Committee. He suggested the issues of a constitutional amendment, judicial reform, caps statute, state risk pools, improvement of health care, and alternative dispute resolution be assigned to the Judiciary and Labor Committees jointly. He further suggested the issues of medical malpractice insurance reform and regulation, subsidies/commitments and WWAMI be assigned to the Appropriations Committee. (Appendix 3)
Following discussion, Representative Luthi moved the Council approve the proposed list of committee assignments. Senator Kunz amended the motion to provide that staff notify legislators that their individual bill requests should also be brought to the committee meetings for consideration. The amended motion passed.
Following discussion, the Council agreed that available funds in the Legislative budget could be used to pay salary, mileage and per diem to all legislators attending the committee meetings in advance of the special session.
Mr. Ken Vines, Insurance Commissioner, joined the meeting by conference call. He provided information on the current medical malpractice insurance market in this state. He indicated that OHIC Insurance Company held around 43% of the Wyoming medical malpractice insurance market prior to their withdrawal from Wyoming and eight other states. The Doctor's Company had around 32% of the market. The third largest company in this state is the Utah Medical Insurance Association (UMIA). There are relatively few insurance agents in this state offering this type of coverage. Since OHIC's withdrawal, a number of medical care professionals are switching to UMIA and the Doctor's Company for medical malpractice coverage. Numerous hospitals are obtaining coverage from risk retention groups. These groups are not subject to regulation under Wyoming law, but are instead generally regulated by the state in which they were created.
Rules approved by postcard ballot
Appendix 4 lists the Council's action on rules taken by mail ballot since the last meeting at which rules were considered.
Senator Job expressed concern over the funding formula being used for domestic violence shelters around the state. She indicated that 6 counties would be receiving a reduction in funding for shelters as a result of the formula. Currently, the Attorney General's Office, Division of Victim's Services is drafting emergency rules on the topic.
There was no action taken on the matter.
Ms. Shelley Andrews of the Wyoming Community College Commission joined the meeting by phone. The LSO rule review did not raise any objections to this rule, but Senator Larson brought a concern to the Management Council. These rules provide for reimbursement to the colleges of health insurance premiums paid for employees. This payment is an "add-on" to the funding otherwise provided under the allocation model. Chapter 5, Section 3(i)(ii) states that "distribution will be based on an actual cost reimbursement basis". The concern was that this could be interpreted as calling for total reimbursement if a college were paying 100% of an employee's premium.
Ms. Shelley Andrews indicated that was not the intent of the rule; rather the intent was to pay the legislatively authorized amount for all state employees (currently 85%). The agency suggested adding clarifying language to that provision limiting reimbursement to the "approved state rate of coverage per eligible employee". This does appear to be clarifying language given that the Statement of Reasons states that W.S. 9-3-210 provides for 85% state funding of health insurance premium benefits for all eligible state employees including eligible community college employees.
The Council voted to recommend that the clarifying language be added and that the rules, as clarified, be approved.
Mr. Pauli explained that Lexis/Nexis has published the Wyoming statutes for the last 45 years. LSO has recently been contacted by two other legal publishers who are interested in publishing Wyoming's statutes, West Publishing and American Legal Publishers. There is currently no in-state publisher that is capable of publishing the Wyoming statutes and its annotations. Lexis/Nexis is still interested in publishing the statutes and they have cautioned that switching publishers can be an expensive and lengthy process.
Mr. Rick Brown of West Publishing presented information concerning his company and their interest in publishing the Wyoming statutes. (Attachment 5)
Following discussion, Representative Luthi moved that the current contract with Lexis/Nexis be extended for a 2 year period and that a request for proposal to solicit bids for the publishing of Wyoming statutes at the end of that 2 year period be prepared. The motion passed.
Mr. Pauli explained the status of the current photography contract for the legislative composite. He noted that previous attempts to re-bid this contract in hopes of finding an in-state photographer have had little success. The current photographer, Lifestyle Photography, is from Colorado.
Representative Lockhart indicated he had requested information on this topic. He stated it would be preferable to have an in-state photographer, however, since previous attempts have been unsuccessful, he is comfortable with the current photography contract.
Following discussion, Representative Lockhart moved the contract with Lifestyle Photography be extended for 2 years. The motion passed.
Mr. Pauli explained the recommendation from the Corporations Committee to award the consultant contract for the study of the telecommunications universal service fund to QSI Consulting of Cheyenne.
Following discussion, Representative Luthi moved that the contract be approved. The motion passed.
Mr. Don Richards of LSO explained that there was a $20,000 appropriation made to LSO in the last session for the prescription drug cost containment study with no specific directives as to its expenditure. Mr. Richards explained that contracting with a private consultant to do the entire study would likely cost more than the appropriation. He proposed that LSO do much of the work in-house and contract for the rest of the study with the university of Wyoming.
Following discussion, Representative Luthi moved the Council approve the proposal for expenditure of the appropriated funds as outlined by Mr. Richards. The motion passed.
Chairman Parady explained the need for guidance regarding reimbursement of clerical expenses for specified members of the Legislative leadership as authorized by the Legislature at the last session. Mr. Pauli explained a draft policy which would provide guidelines on what expenses could be reimbursed.
Following discussion, Representative Reese moved the adoption of the draft policy. The motion passed.
It was the consensus of the Council that determination of the "ranking" minority member on each committee would be based on length of legislative service. Questions regarding this matter will be resolved by the Majority and Minority Floor Leaders in each house.
Mr. Pauli stated that the LSO has filed for protection of the legislative logo with the Secretary of State's Office and explained a proposed policy for the authorized use of the Logo.
Following discussion, Senator Kunz moved the Council adopt the policy. The motion passed.
Senator Mockler, chairman of the Select Committee on Legislative Facilities, explained the need to amend the current policy on artwork display to restrict movement of the new photographs which have been placed in each standing committee meeting room. The policy would allow movement of the pictures only after approval of the presiding officer in the House or Senate.
Senator Mockler moved that the Council adopt the amended policy. The motion passed.
Mr. Pauli explained the appointments to the Children and Family Initiative State Steering Committee have been completed and the question is whether the legislators appointed to that committee should receive reimbursement.
Representative Luthi moved that the legislators designated to served on the steering committee receive full reimbursement for attending meetings. The motion passed.
Senator Mockler explained that there was $750 remaining from the appropriation made for participation in the revolving artwork collection. She indicated the Select Committee on Legislative Facilities had decided not to participate in the collection since the artwork will not be suitable for the legislative chambers.
Senator Mockler moved the Council approve the reversion of the $750 to the general fund. The motion passed.
Mr. Dave Gruver explained an issue regarding lobbyist reporting. He indicated there were some gaps in the law and that Secretary of State Joe Meyer had asked that this issue be brought to the attention of the Council and assigned to a committee for study and recommendation.
Following discussion, Representative Reese moved the topic be assigned to the Corporations Committee. The motion passed.
Mr. Pauli stated that the appointments to the study committee have been completed but the Committee has not yet held its first meeting.
Mr. Don Richards explained the current status of research requests received by LSO. Mr. Richards also provided a personnel update: Brian Farmer left LSO for a position in the Department of Corrections; LSO has hired 2 new research assistants, Matthew Sackett and Nicole Novotny.
Following discussion, Representative Luthi moved that in anticipation of the special session, research requests relating to medical malpractice insurance receive top priority and that requests from Management Council, interim committees and individual legislators receive priority in that order. The motion passed.
Chairman Parady indicated Mr. Richards has been asked by the executive branch to participate in a study with a Department of Health oversight committee.
Following extensive discussion, Representative Luthi moved that Mr. Richards be allowed to participate on the oversight committee. The motion was amended by Representative Lockhart to indicate that such requests would be handled on an individual basis and that participation in this study should not be considered a precedent. The amended motion passed. Later in the meeting, however, Senator Mockler moved that the previous motion be reconsidered. Following discussion the prior vote was rescinded. It was moved that the Governor be advised that due to the demands upon staff resulting from the special session, consideration of this issue will be delayed until the Council meeting following the special session. The motion passed.
Senator Kunz requested a recap of Mr. Vines testimony regarding the status of medical malpractice insurance availability and information on insurance costs in surrounding states. Information was also requested regarding company ownership, annual reports, company profits and reserves and investment declines.
Senator Schiffer requested information on the setting of medical malpractice insurance rates.
Chairman Parady asked for a recap of tort reform in other states including information provided by the Wyoming Medical Society.
Representative Lockhart asked that a letter be drafted to the Wyoming Health Care Commission asking for an update of their findings and recommendations.
Chairman Parady indicated there has been a proliferation of bingo parlors in Sweetwater County recently. The law requires that bingo games be affiliated with a non-profit entity. He indicated this may not be happening and that some bingo machines are essentially a slot machine. Following discussion, Senator Mockler moved the topic be assigned to the Travel Committee for further study. The motion passed.
Representative Robinson indicated that up to 50% of coroners in this state are drawing fluids from hospice patients and treating hospice deaths as "suspicious". She indicated the law permits this only at the request of law enforcement agents. But coroners are doing this without the request of law enforcement and without the permission of the families of hospice patients. She further indicated that some coroners are also confiscating prescription drugs used by the hospice patients.
Following discussion, Senator Mockler moved the topic be assigned to the Corporations Committee for further study. The motion passed.
There being no further business, Chairman Parady adjourned the meeting at 2 p.m..
Respectfully submitted,
Representative Randall Luthi, Secretary