CSSB 106(JUD): "An Act relating to actions of the Department of Health and Social Services regarding certain health facility payments."

00CS FOR SENATE BILL NO. 106(JUD) 01 "An Act relating to actions of the Department of Health and Social Services 02 regarding certain health facility payments." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.07.075 is amended to read: 05  Sec. 47.07.075. Administrative procedure. (a) Actions of the department 06 regarding health facility payment rates under this chapter and AS 47.25.120 - 07 47.25.300 are subject to provisions of AS 44.62 (Administrative Procedure Act) except 08 as provided in (b) , (c), or (d) of this section. 09  (b) The commissioner shall [,] by regulation [,] establish time limits applicable 10 to the various phases of an administrative appeal process involving an appeal of the 11 amount of a payment rate set by the department for a facility. The time limits set 12 under the regulations supersede conflicting time limits in AS 44.62.330 - 44.62.630. 13 The regulations must provide that 14  [(1)] a hearing for an appeal described in this subsection must be

01 scheduled under AS 44.62.410 to occur no more than 120 days after written notice of 02 rate appeal has been received by the department from a facility unless the facility 03 requests a delay or good cause for the delay is demonstrated to the satisfaction of the 04 hearing officer [; 05  (2) THE COMMISSIONER MUST, WITHIN 30 DAYS AFTER 06 RECEIVING THE RECOMMENDATION OF THE HEARING OFFICER, EITHER 07 RENDER A DECISION IN THE CASE OR REFER THE CASE BACK TO A 08 HEARING OFFICER FOR ADDITIONAL FINDINGS; 09  (3) IF EITHER TIME LIMIT SET UNDER (1) OR (2) OF THIS 10 SUBSECTION IS NOT MET, THE DEPARTMENT SHALL REPORT THE 11 NONCOMPLIANCE TO THE LEGISLATURE AND THE GOVERNOR BY THE 12 FOLLOWING JANUARY 20 WITH AN EXPLANATION OF THE LENGTH OF 13 DELAY, REASONS FOR THE DELAY, AND PROPOSED CORRECTIVE ACTION 14 BY THE DEPARTMENT TO AMELIORATE THE CAUSES OF DELAY]. 15 * Sec. 2. AS 47.07.075 is amended by adding new subsections to read: 16  (c) The commissioner shall, within 30 days after receiving the recommendation 17 of the hearing officer, render a final administrative decision in the case. If after 30 18 days the commissioner does not render a final administrative decision, the hearing 19 officer's recommendation becomes the final administrative decision. A final 20 administrative decision under this subsection is subject to judicial review as a final 21 administrative order under AS 44.62.560 and 44.62.570. 22  (d) If the time limit set under (b) of this section is not met, the department 23 shall report the noncompliance to the legislature and the governor by the following 24 January 20 with an explanation of the length of delay, reasons for the delay, and 25 proposed corrective action by the department to ameliorate the causes of delay.