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Should the state be the one to decide if a health clinic can expand? This bill says it’s time to end ‘certificate of need’

Senate Finance this week will take up SB 26, repealing the state’s Certificate of Need program for health care facilities.

Sponsor Sen. David Wilson of Wasilla introduced the bill in January 2021, and it received an extra committee referral by Senate President Peter Micciche in February of 2022.

Certificate of Need is a program that gives the state ultimate control over what health facilities can be built. If a clinic wants to add an extra exam room or x-ray machine, for example, it must first get permission from the State of Alaska and receive a certificate that limits what can be built or bought.

The state maintains it needs the authority over health care construction, “because of the large amount of money the state expends for Medicaid.” Further, the State states that “Demographic projections suggest that Alaskan health care services will expand to meet the needs of a growing population including a much larger senior population. Therefore, circumstances mandate that new and expanded services be planned properly to get the highest quality and most appropriate services possible at the best price.”

But the Certificate of Need program is anti-competition; Sen. Wilson’s bill allows for a three-year phase-out timeframe before the repeal would become effective.

Certificates of Need programs were mandated by the federal government in 1974. Due to their anti-competitive nature and the driving up of health care costs, Congress repealed the mandate in 1987. Since then, 12 states have fully repealed their CON laws, and 35 states continue to operate some version of a CON program. Three states do not have any such law.

States without a full CON program include Arizona, California, Colorado, Idaho, Kansas, Minnesota, New Hampshire, New Mexico, North Dakota, Pennsylvania, South Dakota, Texas, Utah, Wisconsin, and Wyoming. Florida only maintains a CON program for children’s hospitals and hospice facilities.

“Four decades of data and studies show CON laws have not controlled costs, improved quality and outcomes, or increased access to healthcare for the poor or underserved. CON laws have established healthcare monopolies, which has resulted in barriers to new or expanded medical facilities and limited healthcare choices for consumers,” Sen. Wilson wrote. “Repealing our certificate of need program would benefit Alaskans by fostering free market competition in the healthcare markets.”

Americans for Prosperity Alaska has made the repeal of Certificate of Need its top legislative priority. Bernadette Wilson, state director for AFP-Alaska, told the Must Read Alaska Show that she’ll head to Juneau for the Senate Finance Committee hearing this week. AFP sent a letter to Senate Finance requesting time on the agenda.

“After instituting this requirement, the federal government found that CON laws failed to achieve the desired effect of reducing health care costs, but rather, had other adverse effects on the US health care system. As a result, the federal government quickly removed this requirement, and has consistently recommended that states end their CON programs,” Bernadette Wilson wrote to the committee.

“In fact, the Federal Trade Commission (under the Trump, Obama, and Bush administrations) has urged states to end CON laws, citing the fact that they are anticompetitive and fail to provide any meaningful benefit or protection to health care consumers. This includes a letter sent by the FTC to the Alaska Senate in 2019 regarding the same legislative language contained in SB 26,” she wrote.

Wilson said Alaska would have 11 additional hospitals, including 8 additional rural hospitals, if not for CON restrictions. “This additional capacity would have been of great help throughout the COVID-19 pandemic, which has seen hospitals running over capacity and unable to provide a full range of medical procedures to patients.”

The bill has bipartisan support, but faces opposition from the powerful hospital lobby.

Bill to be heard in House Judiciary adds more protections for LGBTQ in housing, finance, and employment

Rep. Andy Josephson of Anchorage says passing his HB 17 “will strengthen Alaska’s statutory protections for one of Alaska’s fastest-growing demographic groups, make our state more attractive to workers considering a move from elsewhere, and continue Alaska’s position as a model for human rights advocacy in the US.” The bill adding protections for lesbian, gay, bisexual, transgender and queer Alaskans will get a hearing in House Judiciary at 1 pm Monday.

HB 17 adds gender expression and sexual identity to protected classes covered by the Alaska Human Rights Commission.

It is illegal to discriminate against someone for the purposes of employment, finance, credit, or rentals due to their race, color, religion, gender, sexual orientation/gender identity or expression, national origin, or physical or mental disability. The Human Rights Commission, however, doesn’t include LGBTQ matters in its portfolio of rights covered.

In order to start enforcing LGBTQ rights, legislation must pass that empowers the commission to investigate and adjudicate cases.

Not everyone thinks it is needed or desirable. The bill would allow the commission to investigate cases such as the Downtown Hope Center in Anchorage, which doesn’t allow biological men to sleep in the abused women shelter, shoulder to shoulder with women. If the Human Rights Commission says, for instance, the Hope Center must shelter transgenders or those who are not clear about their gender, that shelter will likely close, as it is a Christian facility and is there for the protection of traumatized women.

HB 17 will encourage discrimination against religious institutions or others who make decisions based on their religious beliefs, critics say. This may affect activities like personal services, pageants, and sports competitions, for example.

Documents with pro and con letters can be found at this link.

Co-sponsors of the bill are Democrat-aligned Reps. Grier Hopkins, Geran Tarr, Sara Hannan, Harriet Drummond, Cal Schrage, Ivy Spohnholz, Jonathan Kreiss-Tomkins, Andi Story, Liz Snyder, and Zack Fields. The bill has also been referred to House State Affairs Committee.

Proposed law will have State of Alaska take pro-active role in expanding mental health education for Alaska’s K-12

A bill requiring mental health education for students, introduced a year ago in the Alaska Senate, has made its way to the Senate Finance Committee, the last stop before it gets into the Rules Committee for calendaring for the Senate floor, where it will be debated and voted on.

SB 80 would amend the existing health education curriculum statute to include mental health curriculum in K-12 health classrooms.

Under the provisions of the new law, the State Board of Education and the Alaska Department of Education and Early Development would be required to develop the guidelines for mental health curricula in Alaska schools, and then the schools would be required to teach to the standards.

Those guidelines would be done in consultation with the National Council for Behavioral Health, Providence Health and Services Alaska, Southcentral Foundation, Anchorage Community Mental Health Services, Inc., North Star Behavioral Health System, and the National Alliance on Mental Health Illness Alaska. The standards will be developed in consultation with counselors, educators, students, administrators, and other mental health organizations. The bill makes no mention of the Alaska Mental Health Trust Authority, the state’s leading mental health organization.

The bill’s purpose, says bill sponsor Sen. Elvi Gray-Jackson, is to “adequately educate students on vital information pertaining to mental health symptoms, resources, and treatment,” particularly in this era of what is perceived to be a mental health crisis among youth in the state.

“Currently, the health curriculum guidelines include prevention and treatment of diseases; learning about ‘good’ health practices including diet, exercise, and personal hygiene; and ‘bad’ health habits such as substance abuse, alcoholism, and patterns of physical abuse. But the guidelines do not address mental health,” according to Gray-Jackson.

After standards have been developed, the Alaska State Board of Education and Early Development and Department of Education would be responsible for implementation throughout the Alaska school system. As with existing health education curriculum, the DEED, the DHSS, and the Council on Domestic Violence and Sexual Assault will provide technical assistance to school districts in the development of personal safety curricula. An existing school health education specialist position will assist in coordinating the program statewide.

“The State has a responsibility to treat the current mental health crisis in Alaska as a serious public health issue,” Gray-Jackson said in her explanation of the bill. “By creating mental health education standards and encouraging schools to teach a mental health curriculum, SB80 aims to decrease the stigma surrounding mental illnesses and increase students’ knowledge of mental health, encouraging conversation around and understanding of the issue.”

Read a letter from a list of left-leaning organizations that support this bill.

House bill would limit campaign contribution limits

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House Bill 234 addressing the legal limits on political donations will be heard on the House floor on Monday.

The bill, offered by Democrat-aligned Rep. Cal Schrage and Rep. Zack Fields, is in response to a court decision that threw out Alaska’s statutory campaign donation limits, which were held to $500 per candidate per year. The limit was ruled unconstitutional after a lengthy court journey to the Supreme Court.

HB 234 would double the contribution limits made to group entities, non-group entities, and candidates. A candidate could accept up to $2,000 a year from an individual. Currently, now that the court has ruled the $500 limit is unconstitutional, there are no limits on campaign donations.

The bill, however, creates an uneven playing field since most Democrats get a majority of their support from union political action committees.

The bill says a group that is not a political party may contribute not more than $4,000 each campaign period to a candidate, or to an individual who conducts a write-in campaign.

The bill also sets a $5,000 annual donation limit to another group, to a nongroup entity, or to a political party.

HB 234 also says that every 10 years, starting in 2031, the limit would be raised account for inflation.

The bill needs to pass the House and Senate and be signed into law by the governor, or he can allow it to become law without his signature. He could also could veto the bill and set up a situation where the House and Senate would need to convene to override his veto.

HB 234’s current version is at this link.

One year since Republican Party censured Murkowski

On March 13, 2021, the Alaska Republican Party censured Sen. Lisa Murkowski, and asked her to not run as a Republican again. The vote of party leaders was 53-17.

“It wasn’t simply one vote she cast or one statement she made, it was a years-long pattern of consistently contradicting Alaska values and the things that Alaskans support. Murkowski has repeatedly sided with her friends in the Washington, D.C. elite against the interests of Alaskans. That’s why a look at the record proves that in the 2022 Alaska Senate race, there are effectively two Democrats: Murkowski and Democratic State Senator Elvi Gray-Jackson. When I’m the next senator from Alaska, there will be no mistaking that I will fight for the interests of the people of Alaska,” Tshibaka said in a statement. 

The censure was not only about Murkowski voting to impeach a president who was no longer in office. The resolution listed an inventory of faulty actions by Murkowski, including her support of Deb Haaland as President Joe Biden’s Interior Secretary. The party said at the time that Haaland was a well-known opponent of resource development on public land, something that is essential to the Alaska economy. Alaska Sen. Dan Sullivan also voted to confirm Haaland, but was not censured.

The party also criticized Murkowski for her enduring support of abortion, for voting against repealing Obamacare, for vocal opposition to Supreme Court Justice Brett Kavanaugh, and for demanding President Trump’s immediate resignation after the Jan. 6 protest inside the U.S. Capitol.

The resolution that passed a year ago also directed the party to find another Republican candidate to run against Murkowski. Two weeks later, Tshibaka announced her candidacy and by July she had the party’s endorsement, 58-17.

Murkowski has held the seat since her father, Frank Murkowski, awarded it to her when he became governor of Alaska in 2002.

She has been a lightning rod for controversy in the party, after losing the primary to Joe Miller in 2010, but then winning reelection as a write-in candidate in November of that year.

In 2016, the Alaska Republican Party leadership had largely made peace with her, but discontent grew with her again after her continued opposition to President Donald Trump. After Joe Biden became president in 2022, many Republicans felt Murkowski had a role in that nationally, by signaling to Republicans that it was better to vote for Biden over Trump. Murkowski has not said who she voted for in 2020, but is on the record saying she did not vote for Trump.

Since Biden took office, Alaska has experienced the Biden Administration’s shutdown of nearly all of its resource industries — timber, mining, oil and gas.

Murkowski does not have strong support across the electorate in Alaska and is not popular with Republicans nationally. She has never won the majority of the vote of all Alaskan voters, unlike Congressman Don Young and Gov. Mike Dunleavy.

Although she has raised more money than Tshibaka, Tshibaka has raised more from Alaskans, while Murkowski’s money is largely from Outside.

Fact checking the candidates: Weddleton claims he is not the ‘special interest’ candidate for South Anchorage. True or false?

Anchorage Assemblyman John Weddleton’s flyer to his district voters in South Anchorage makes the claim that special interest groups hate the fact that he is “nonpartisan.”

Must Read Alaska did the research. The truth is that Weddleton is the candidate for South Anchorage with all the special interest money, while he challenger, Randy Sulte, has just $50 donation from an interest group.

Voters will start marking their ballots as early as Monday, when the voting period starts for the Anchorage municipal elections. Weddleton, who votes consistently with the nine hard-left majority on the Assembly, faces newcomer Sulte, who has never run for office before.

Sulte (pronounced Sult) has brought in more individual contributions from employed people, while Weddleton has made up ground by getting contributions from labor unions and organizations that are surrogates for the Democratic Party, such as the Alaska Center for the Environment.

We rate Weddleton’s claim “four Pinocchios.”

Here’s the contribution breakdown between the two candidates:

Daniel Smith: Convoluted election observer process designed to keep the public away

By DANIEL SMITH

Anchorage Municipal Clerk Barbara Jones created and oversees a new and incredibly convoluted election observer qualification process. The winding and overly bureaucratic process to become an election ballot observer is analogous to being swept up in a tornado, rendered unconscious, and deposited in a fairytale land of fictitious election integrity.  

So begins our journey along the Barbara Jones, self-titled “yellow brick road” of mystical and illusionary ballot observation. Jones’ yellow brick road refers to the yellow taped pathway in the election center providing boundaries to the public.   

Here is the new convoluted process as I understand it:

First step: One must sign up as a member of a specific campaign and attend a mandatory tour of the municipal election center on Ship Creek Ave. However, the city has failed to provide sufficient tour opportunities. This requirement to being an observer is a major bottleneck in the process.  A total of 10 tours are offered with only seven of them prior to ballots being mailed out and processed on March 15.  Only 10 people are allowed per tour. That’s only 70 possible observer’s maximum by the first day of ballot processing on March 15.  

There was plenty of room for more than 10 people on my tour. 

More onsite tours are not available from the Muni.  All tours are fully booked through March 24, 2022.  This is 10 days after many ballots have already been counted. 

Second step: Fill out and submit a confidentiality agreement form and an observer registration form tied to each specific campaign. Easy you say? Yes, but it is a prerequisite to obtaining the ruby slippers that allow one to access the sacred and mandatory online training course.  A course that was not available, to anyone, until Friday, March 11, just two business days before ballots begin to be processed. As stated by the Clerk on the March 10 tour, “We just published the online training for observers today.”  Ballots are mailed out no later than March 15.

Step three:  The new online training requires you pass the test and print your certificate. But you are not done yet. You must complete and submit for approval yet another form, the “Observer Training and Tour Agreement Form.”  On this form you must proclaim that you have taken the online course and passed it, taken the facility tour, received the 33-page “Election Observers Handbook” and are generally a good person.  As one who despises red tape, the phrase “How about a little fire, Scarecrow?” has new found meaning at this point.

Step four: Hurry up and wait. You must stand by for 48 hours to receive your official observation badge from the Great OZ. The tin man may have rusted in place by this time.

Our first batch of observers from one campaign attended the required tours March 10 and 12. These observers from that same campaign have submitted their required paper work in person, to the clerk on March 11 at 9:30 am. There will not be enough time to get their observer credentials because the online training has not been made available in a timely manner.  

As of March 12, 2022, the red sand in the witch’s hourglass is passing very quickly. None of those observers have received their Clerk- issued, personalized e-mail invitation to access the required on-line training, take the test and receive their certificate. It was stated by the Clerk that only by her allowance will observers gain access to their required online training. 

Even if the Clerk grants access to the online training Monday, March 14, and the required paper work is submitted that same day, there will not be enough time to gain observer status. The Clerk claims to have a 48-hour turnaround time for observer badges to be issued.  That would be Wednesday at best.  There will be no observers from several campaigns who are properly credentialed and able to observe ballot processing prior to March 16.  

Due to the new twisted requirements placed upon potential observers, we are not likely to have approved observers from most campaigns.  By the time the first ballots arrive at the Election Center and get processed on March 15, many campaigns will not have been given the opportunity to observe the initial counting.

There will be no diploma for the scarecrow.

In-person voting on election day was never this complicated. It produced quicker results at far less cost. All of the voter verification was immediate as you presented your picture ID and entered the polling location. Voting was far more secure. The integrity of votes was much more possible.

Courageous lions are bravely trying their best to comply with the procedural demands imposed on them in the ballot counting and processing land of OZ.  They just want to serve as volunteers and try to ensure some degree of election integrity, but are actually being denied their opportunity. 

The new and unnecessarily cumbersome observer registration process is ill-conceived and broken, either by design, incompetence, or both. 

Dan Smith is a lifelong Alaskan and Anchorage resident who writes for Must Read Alaska

Daylight Saving Time: Spring ahead on Sunday

Sunday, the government changes the official time, as it does twice a year, and Alaskans will move their clocks ahead by one hour to be on Daylight Saving Time until Nov. 6, when time moves back an hour to Standard Time. The changeover officially takes place at 2 am Sunday. For those who get up at 7 am, it will feel like 6 am.

Every Spring there are complaints from those who find it hard to make the switch to an hour earlier than usual. They also don’t like that it’s suddenly dark once again when they get up. On the flip side, evenings will feel longer, with sunset an hour later than on Saturday. In Anchorage, civil twilight is ending at about 8:40 pm this weekend, and by March 31, civil twilight will be 9:25 pm.

Under federal law, states are allowed to opt out of Daylight Saving Time and remain on Standard Time, but are not allowed to remain on Daylight Time. Alaska lawmakers occasionally have tried to maintain a time standard, but bills have failed to progress.

In 2021, Rep. Daniel Ortiz of Ketchikan introduced House Bill 31 to recognize daylight saving year-round if Congress makes the move by 2030.

In 2021, lawmakers in Congress once again proposed staying on Daylight Saving Time year-round with the Sunshine Protection Act. It was sponsored by Florida Sen. Marco Rubio and Florida Congressman Vern Buchanan. Rubio has long advocating that Congress “lock the clock” and filed legislation for the last four years to end the twice-annual changing of time.

“We Americans are about to suffer another ridiculous time change as we spring forward this weekend,” Rubio said in a video. “Switching in and out of Daylight Saving Time is outdated, and is only a source of annoyance and confusion.” He added it is time to “put all this stupidity behind us.”

Several states are proposing moving to Daylight Saving Time permanently, including:

In 2021, Alabama passed an act that would put the state on permanent Daylight Saving Time if the Sunshine Protection Act passes.

Arizona and Hawaii do not observe Daylight saving time. Arizona observes Mountain Standard Time all year.

The Navajo Nation in the northeastern Arizona observes Daylight Saving Time, putting it an hour off the rest of the state for part of the year.

In 2018, Florida was the first state to pass a resolution to observe Daylight Saving Time year-round, if federal law changes.

In 2021, Georgia passed a permanent Daylight Saving Time law, pending changes in federal law.

Idaho has two time zones; the southern part of the state is in Mountain Time, and the panhandle in the north is in Pacific Time. In 2020, the Legislature and governor passed a law that says if Washington state makes Daylight Saving Time permanent, Northern Idaho will do so as well.

Oregon also has two time zones. A state law passed in 2019 would keep Oregon on Daylight Saving Time if Congress ever acts. But Malheur County in Eastern Oregon is on Mountain Time, and would be the only part of the state not moving to DST.

Washington state approved the change to permanent Daylight Savings Time in 2019, pending on congressional action.

Wyoming’s legislature decided 2020 to move to Daylight Saving Time, if approved by Congress — and also if nearby states of Colorado, Idaho, Montana, Nebraska, North Dakota, South Dakota, and Utah also made the move.

Fewer than 40 percent of the countries in the world move to Daylight Saving Time, and not all countries that do change their clocks do so on the same day. Where it makes the most difference is with those further from the Equator, while those living close to the Equator might not notice much change.

ConocoPhillips says natural gas leak at Alpine is being closely monitored, no need to relocate Nuiqsut residents

ConocoPhillips says it has mobilized numerous resources to respond to a natural gas release at the CD1 pad at its Alpine Central Facility. There is no interruption of natural gas being supplied to the Native community of Nuiqsut, population 500, “and we do not anticipate the need for a relocation of Nuiqsut residents based on current data,” the company said.

Ongoing air monitoring is in place both at the facility and in Nuiqsut, the company said. A third party contracted by ConocoPhillips has been collecting monthly air samples in the Nuiqsut community since 2014; the most recent results obtained have not shown anything outside normal conditions. No natural gas has been detected outside of the CD1 area. ConocoPhillips has taken the additional step to install more continuous air monitors in Nuiqsut, including daily sampling of volatile organic compounds.

Essential personnel remain on-site, supported by subject matter experts, and the company said it is in regular contact with regulatory agencies and community leaders. “Our primary focus is protecting our workforce and the community,” ConocoPhillips said Friday.

The Colville River Unit, also known as Alpine, is located in the Colville River Delta on Alaska’s western North Slope, 34 miles west of the Kuparuk River Field and eight miles north of the Inupiat village of Nuiqsut. Kuparuk is one of the largest conventional onshore oil fields developed in North America in the past 25 years. Alpine is considered a model for future oil developments as directional drilling and other innovations minimize its environmental footprint. In 2020, net crude oil production was 25,000 of oil equivalent per day.