CSSSSB 91(HES): "An Act prohibiting unfair discrimination against direct-entry midwives who perform services within the scope of their certification; providing for coverage of midwife services under Medicaid; reordering the priority of optional services provided by the state under Medicaid; and providing for an effective date."
00CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(HES) 01 "An Act prohibiting unfair discrimination against direct-entry midwives who 02 perform services within the scope of their certification; providing for coverage of 03 midwife services under Medicaid; reordering the priority of optional services 04 provided by the state under Medicaid; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 21.36.090(d) is amended to read: 07 (d) Except to the extent necessary to comply with AS 21.42.365, a person may 08 not practice or permit unfair discrimination against a person who provides a service 09 covered under a group disability policy that extends coverage on an expense incurred 10 basis, or under a group service or indemnity type contract issued by a nonprofit 11 corporation, if the service is within the scope of the provider's occupational license. 12 In this subsection, "provider" means a state licensed physician, dentist, osteopath, 13 optometrist, chiropractor, nurse midwife, advanced nurse practitioner, naturopath, 14 physical therapist, occupational therapist, psychologist, psychological associate, [OR]
01 licensed clinical social worker, or certified direct-entry midwife. 02 * Sec. 2. AS 47.07.030(b) is amended to read: 03 (b) In addition to the mandatory services specified in (a) of this section, the 04 department may offer only the following optional services: case management and 05 nutrition services for pregnant women; personal care services in a recipient's home; 06 emergency hospital services; long-term care noninstitutional services; medical supplies 07 and equipment; advanced nurse practitioner services; clinic services; rehabilitative 08 services for substance abusers and emotionally disturbed or chronically mentally ill 09 adults; targeted case management services for substance abusers, chronically mentally 10 ill adults, and severely emotionally disturbed persons under the age of 21; inpatient 11 psychiatric facility services for individuals age 65 or older and individuals under age 12 21; psychologists' services; clinical social workers' services; midwife services; 13 prescribed drugs; physical therapy; occupational therapy; chiropractic services; 14 low-dose mammography screening, as defined in AS 21.42.375(e); treatment of speech, 15 hearing, and language disorders; adult dental services; prosthetic devices and 16 eyeglasses; optometrists' services; intermediate care facility services, including 17 intermediate care facility services for the mentally retarded; skilled nursing facility 18 services for individuals under age 21; and reasonable transportation to and from the 19 point of medical care. 20 * Sec. 3. AS 47.07.035 is amended to read: 21 Sec. 47.07.035. PRIORITY OF MEDICAL ASSISTANCE. If the department 22 finds that the cost of medical assistance for all persons eligible under this chapter will 23 exceed the amount allocated in the state budget for that assistance for the fiscal year, 24 the department shall eliminate coverage for optional medical services and optionally 25 eligible groups of individuals in the following order: 26 (1) midwife services; 27 (2) clinical social workers' services; 28 (3) [(2)] psychologists' services; 29 (4) [(3)] chiropractic services; 30 (5) [(4)] advanced nurse practitioner services; 31 (6) [(5)] adult dental services;
01 (7) [(6)] emergency hospital services; 02 (8) [(7)] treatment of speech, hearing, and language disorders; 03 (9) [(8)] optometrists' services and eyeglasses; 04 (10) [(9)] occupational therapy; 05 (11) [(10)] mammography screening; 06 (12) [(11)] prosthetic devices; 07 (13) [(12)] medical supplies and equipment; 08 (14) [(13)] targeted case management services; 09 (15) [(14)] rehabilitative services for substance abusers and emotionally 10 disturbed or chronically mentally ill adults; 11 (16) [(15)] clinic services; 12 (17) [(16)] physical therapy; 13 (18) [(17)] personal care services in a recipient's home; 14 (19) [(18)] prescribed drugs; 15 (20) [(19)] long-term care noninstitutional services; 16 (21) [(20)] inpatient psychiatric facility services; 17 (22) [(21)] intermediate care facility services for the mentally retarded; 18 (23) [(22)] intermediate care facility services; 19 (24) [(23)] individuals under age 21 who are not eligible for benefits 20 under the federal aid to families with dependent children program because they are not 21 deprived of one or more of their natural or adoptive parents; 22 (25) [(24)] skilled nursing facility services for persons under age 21; 23 (26) [(25)] aged, blind, and disabled individuals who, because they do 24 not meet the income requirements, do not receive supplemental security income under 25 Title XVI of the Social Security Act, but who are eligible, or would be eligible if they 26 were not in a skilled nursing facility or intermediate care facility, to receive an 27 optional state supplementary payment; 28 (27) [(26)] individuals in a hospital, skilled nursing facility, or 29 intermediate care facility whose income while in the facility does not exceed 300 30 percent of the supplemental security income benefit rate under Title XVI of the Social 31 Security Act, but who, because of income, are not eligible for the optional state
01 supplementary payment; 02 (28) [(27)] individuals under age 21 under supervision of the 03 department [,] for whom maintenance is being paid in whole or in part from public 04 money and who are in foster homes or private child-care institutions. 05 * Sec. 4. AS 47.07.900 is amended by adding a new paragraph to read: 06 (18) "midwife services" means services within the practice of 07 midwifery, as defined in AS 08.65.190, that are performed by a certified direct-entry 08 midwife and miscellaneous fees, other than facility fees, for birth kits, oxygen, and 09 other ancillary expenses necessary for a birth attended by a certified direct-entry 10 midwife. 11 * Sec. 5. This Act takes effect July 1, 1993.