HB 353: "An Act relating to adoption by reference in regulations; and providing for an effective date."
00HOUSE BILL NO. 353 01 "An Act relating to adoption by reference in regulations; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.05 is amended by adding a new section to read: 05 Sec. 47.05.012. Material incorporated by reference. (a) Notwithstanding 06 AS 44.62 (Administrative Procedure Act), in adopting a regulation that incorporates 07 a document or other material by reference, the department may incorporate future 08 amended versions of the document or other material if 09 (1) the document or other material consists of 10 (A) a federal statute or regulation; 11 (B) a regulation of another agency of the state; or 12 (C) the product of the adopting state agency, another agency of 13 the state, or a federal agency, and if the document or other material, and 14 amendments to the document or other material, are created in a manner that
01 provides for public notice and an opportunity for public review and comment; 02 (2) the document or other material is one of the following: 03 (A) a document that is published, compiled, or prepared by the 04 United States Department of Health and Human Services and is included in the 05 following list: 06 (i) the international classification of diseases, clinical 07 modifications; 08 (ii) the common procedure coding system; 09 (iii) the specifications for national uniform billing data 10 elements; 11 (iv) the federal poverty guidelines for the state; or 12 (v) the Indian Health Service encounter rates; 13 (B) the current procedural terminology for physicians published 14 by the American Medical Association; 15 (C) the diagnostic and statistical manual of mental disorders 16 published by the American Psychiatric Association; 17 (D) the length of stay in hospitals by diagnosis and operation 18 for the western region of the United States, published by HCIA, Inc. 19 (E) the relative value guide published by the American Society 20 of Anesthesiologists; 21 (F) the consumer price index published by the United States 22 Department of Labor; 23 (G) the health plan employer data and information set published 24 by the National Committee for Quality Assurance; 25 (H) practice standards adopted by the American Academy of 26 Pediatrics, American College of Obstetricians and Gynecologists, American 27 Diabetes Association, American Cancer Society, American Academy of Family 28 Physicians, American College of Physicians, United States Centers for Disease 29 Control and Prevention, Agency for Health Care Policy and Research, or the 30 National Asthma Education and Prevention Program; 31 (I) the compendium of animal rabies control published by the
01 United States Centers for Disease Control and Prevention; 02 (J) the control of communicable diseases manual published by 03 the American Public Health Association; 04 (K) the standards manual and interpretative guidelines for 05 behavioral health, employment and community support services, and for 06 medical rehabilitation published by the Commission on Accreditation of 07 Rehabilitative Facilities; 08 (L) the accreditation manual for mental health, chemical 09 dependency, and other health care facilities published by the Joint Commission 10 on Accreditation of Healthcare Organizations; 11 (M) standards for accreditation of managed care organizations, 12 standards for accreditation of managed behavioral health organizations, and 13 standards for certification of credentials verification organizations published by 14 the National Committee on Quality Assurance; 15 (N) consumer assessment of health plans published by the 16 Agency for Health Care Policy and Research; 17 (O) resources for optimal care of the injured patient published 18 by the Committee on Trauma, American College of Surgeons; or 19 (3) that action is authorized under the statute under which the 20 regulation is being adopted. 21 (b) When the amended version of a document or other material incorporated 22 by reference in a regulation as described in this section becomes available, the 23 department shall 24 (1) make the amended version of the document or other material 25 available to the public for review; and 26 (2) publish in the Alaska Administrative Journal, not later than 15 days 27 after the amended version of the document or other material becomes available, a 28 notice that describes the affected regulation, the effective date of the amended version 29 of the document or other material, and how a copy of the amended version may be 30 obtained or reviewed. 31 (c) The department shall also send the notice described in (b)(2) of this section
01 to a person who has placed the person's name on a distribution list kept by the 02 department that lists persons who want to receive the notice. The department may 03 allow a person to request that distribution of the notice be by electronic means and 04 shall honor that request if appropriate means are available. 05 (d) A change in the form, format, or title in a future amended or revised 06 version of a document or material incorporated by reference in a regulation under this 07 section does not affect the validity of the regulation or the department's ability to 08 enforce or implement the regulation. The department shall notify the regulations 09 attorney in the Department of Law if the title of such a document or other material 10 changes. The regulations attorney shall correct the title in the Alaska Administrative 11 Code under AS 44.62.125. 12 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).