Testimony in support of
[Bill Number]

Presented by [Your Name]
[Title, Organization]

[Chairman/Chairwoman Name] and members of the [Legislative Committee Name], my name is [Your Name] and I am [Title] for [Organization]. I am here today to ask for your support of [Bill Number], which would repeal the Alcohol Exclusion Law. The Alcohol Exclusion Law helps drunk drivers escape detection and avoid taking personal responsibility for their drinking problem; makes it more likely that drunk drivers will drive drunk again; adds to the cost of the health care system; and makes it more difficult for individuals who have problems with alcohol or drugs to access the treatment they need.

The [Organization's] mission is to [organizational mission]. In accordance with this mission, [Organization] seeks to ensure that [individuals with alcohol or drug problems have access to the treatment they need OR drunk drivers do not drive drunk again].

The Alcohol Exclusion Law allows health insurance companies to deny coverage to individuals who are injured as a result of being under the influence of alcohol or any narcotic not prescribed by a physician. It was promulgated as a model law almost 60 years ago, when alcohol and drug problems and their treatment were not nearly as well understood as they are today; the National Association of Insurance Commissioners (NAIC), the very organization that developed the model law, recognized these advances by repudiating the Alcohol Exclusion Law in 2001. The National Conference of Insurance Legislators (NCOIL) also endorsed this change, and the Alcohol Exclusion Law has since been repealed or amended in five states.¹

According to the American Medical Association, “Emergency room physicians are significantly less likely to screen patients for an alcohol problem in states where the [Alcohol Exclusion Law] is embodied in state code (with their reluctance to screen based in part on the potential for adverse financial impact for patients and for hospitals and physicians themselves).” ²

Studies indicate that at the time of trauma center admission, 40 percent of injured patients have a positive blood alcohol concentration (BAC).³ However, because many medical providers are reluctant to test injured patients' BAC in states with the Alcohol Exclusion Law, the result has been to radically limit the number of patients who are tested for alcohol in emergency rooms.

In 2001, trauma physician Dr. Jeffrey W. Runge, who has since been appointed Administrator of the National Highway Traffic Safety Administration, stated, “Many physicians have encountered insurance companies that refuse to reimburse for services required because of injury that occurs while the patient is under the influence of alcohol. Therefore, there has been a disincentive to even collect blood alcohol levels or to mention alcohol intoxication on the medical record.”⁴

Studies have shown that individuals who receive brief alcohol counseling⁵ in emergency rooms or trauma centers have 48 percent fewer readmissions to the hospital and 28 fewer drinks per person per week than patients who do not receive counseling —and that for every $1 spent on alcohol counseling for injured patients, hospitals can expect to save $3.81.⁶ By discouraging screening and treatment, the Alcohol Exclusion Law leads to more hospital readmissions, DUIs, alcohol-related traffic infractions, alcohol-related arrests, and injury-related hospital readmissions.

[Organization] is proud to add its name to the coalition supporting repeal of the Alcohol Exclusion Law, which ranges from the American Medical Association to Mothers Against Drunk Driving. Thank you for allowing us to testify today in support of this legislation. We look forward to working with you to improve health and law enforcement outcomes.

[Name]
[Title]
[Organization]
[Phone Number and/or Email Address]

¹American Medical Association Advocacy Resource Center. “Supporting Repeal of the Uniform Accident and Sickness Policy Provision Law” (August 2004).
²American Medical Association House of Delegates. “Resolution 912 (I-03): Advocacy for Repeal of the Uniform Accident and Sickness Policy Provision Law (UPPL)” (October 2003).
³Rivara, Frederick P., et al. “Screening Trauma Patients for Alcohol Problems: Are Insurance Companies Barriers?” 48 J. Trauma, Injury, Infection and Critical Care 115 (2000).
⁴Runge, Jeffrey W. “Screening and Intervention for Alcohol Problems in the Emergency Department: Ideal Versus Reality.” Alcohol Problems Among Emergency Department Patients: Proceedings of a Research Conference on Identification and Intervention. Centers for Disease Control and Prevention (2001).
⁵Gentilello, L.M., et al. “Alcohol Interventions in a Trauma Center as a Means of Reducing the Risk of Injury Recurrence.” 230(4) Annals of Surgery 473 (1999).
⁶Gentilello, L.M., et al. “Alcohol Interventions for Trauma Patients Treated in Emergency Departments and Hospitals: A Cost Benefit Analysis.” 241(4) Annals of Surgery (2005).