SCS CSHB 353(HES): "An Act relating to adoption by reference in regulations; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 353(HES) 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 44.62 is amended by adding a new section to read: 05 Sec. 44.62.245. Material incorporated by reference. (a) In adopting a 06 regulation that incorporates a document or other material by reference, a state agency 07 may incorporate future amended versions of the document or other material if the 08 adopted regulation identifies or refers to the document or other material followed by 09 the phrase "as may be amended," the phrase "as amended from time to time," or a 10 similar provision and the 11 (1) document consists of a regulation of another agency of the state; 12 or 13 (2) incorporation of a future amended version of the document or other 14 material is explicitly authorized by a statute.
01 (b) When the amended version of a document or other material incorporated 02 by reference in a regulation as described in (a) of this section becomes available, the 03 state agency shall 04 (1) make the amended version of the document or other material 05 available to the public for review; and 06 (2) publish in the Alaska Administrative Journal, not later than 15 days 07 after the amended version of the document or other material becomes available, a 08 notice that describes the affected regulation, the effective date of the amended version 09 of the document or other material, and how a copy of the amended version may be 10 obtained or reviewed. 11 (c) The state agency shall also send the notice described in (b)(2) of this 12 section to 13 (1) a person who has placed the person's name on a distribution list 14 kept by the agency that lists persons who want to receive the notice; the agency may 15 allow a person to request that distribution of the notice be by electronic means and 16 shall honor that request if appropriate means are available; and 17 (2) the regulations attorney in the Department of Law. 18 (d) A change in the form, format, or title in a future amended or revised 19 version of a document or material incorporated by reference in a regulation under this 20 section does not affect the validity of the regulation or the state agency's ability to 21 enforce or implement the regulation. The state agency shall notify the regulations 22 attorney in the Department of Law if the title of the document or other material 23 changes. The regulations attorney shall correct the title in the Alaska Administrative 24 Code under AS 44.62.125. 25 * Sec. 2. AS 47.05 is amended by adding a new section to read: 26 Sec. 47.05.012. Material incorporated by reference. Under 27 AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a document 28 or other material by reference, the department may incorporate future amended 29 versions of the document or other material if the document or other material is one of 30 the following: 31 (1) a document that is published, compiled, or prepared by the United
01 States Department of Health and Human Services and is included in the following list: 02 (A) the international classification of diseases, clinical 03 modifications; 04 (B) the common procedure coding system; 05 (C) the specifications for national uniform billing data elements; 06 (D) the federal poverty guidelines for the state; 07 (E) the Indian Health Service encounter rates; or 08 (F) the relative value units used in the Medicare program for 09 determination of fee schedules; 10 (2) the current procedural terminology for physicians published by the 11 American Medical Association; 12 (3) the diagnostic and statistical manual of mental disorders published 13 by the American Psychiatric Association; 14 (4) the length of stay in hospitals by diagnosis and operation for the 15 western region of the United States, published by HCIA, Inc. 16 (5) the relative value guide published by the American Society of 17 Anesthesiologists; 18 (6) the consumer price index published by the United States 19 Department of Labor; 20 (7) the health plan employer data and information set published by the 21 National Committee for Quality Assurance; 22 (8) practice standards adopted by the American Academy of Pediatrics, 23 American College of Obstetricians and Gynecologists, American Diabetes Association, 24 American Cancer Society, American Academy of Family Physicians, American College 25 of Physicians, United States Centers for Disease Control and Prevention, Agency for 26 Health Care Policy and Research, or the National Asthma Education and Prevention 27 Program; 28 (9) the compendium of animal rabies control published by the United 29 States Centers for Disease Control and Prevention; 30 (10) the control of communicable diseases manual published by the 31 American Public Health Association;
01 (11) the standards manual and interpretative guidelines for behavioral 02 health, employment and community support services, and for medical rehabilitation 03 published by the Commission on Accreditation of Rehabilitative Facilities; 04 (12) consumer assessment of health plans published by the Agency for 05 Health Care Policy and Research; or 06 (13) resources for optimal care of the injured patient published by the 07 Committee on Trauma, American College of Surgeons. 08 * Sec. 3. This Act takes effect July 1, 1998.