HB 259: "An Act relating to the advance health care directive registry; providing a central repository for advance health care directives for access by authorized health care providers; and providing for the confidentiality of the information submitted to the registry."
00 HOUSE BILL NO. 259 01 "An Act relating to the advance health care directive registry; providing a central 02 repository for advance health care directives for access by authorized health care 03 providers; and providing for the confidentiality of the information submitted to the 04 registry." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 13.52.060 is amended by adding a new subsection to read: 07 (k) A supervising health care provider who receives a written advance health 08 care directive, revocation of an advance health care directive, declaration of an 09 anatomical gift, revocation of a declaration of an anatomical gift, or designation or 10 disqualification of a surrogate shall promptly submit a copy to the advance health care 11 directive registry established under AS 13.52.400, unless the supervising health care 12 provider knows that it is already in the advance health care directive registry. 13 * Sec. 2. AS 13.52 is amended by adding new sections to read: 14 Article 2. Advance Health Care Directive Registry.
01 Sec. 13.52.400. Advance health care directive registry established. The 02 department, as part of the Electronic Health Information Exchange System established 03 in AS 18.23.300 - 18.23.325, shall make available a secure online central registry for 04 the storage of advance health care directives. 05 Sec. 13.52.410. Filing of documents with the registry. (a) A person may 06 submit the following documents, or the revocations of those documents, to the 07 department for filing in the advance health care directive registry established under 08 AS 13.52.400: 09 (1) an advance health care directive; 10 (2) a declaration of an anatomical gift; and 11 (3) designation or disqualification of a surrogate. 12 (b) A person who has executed a document described in (a) of this section is 13 not required to participate in the registry and may opt out of the registry. 14 (c) The department shall 15 (1) develop a procedure for authorizing health care providers to 16 immediately access the registry; 17 (2) provide the manner for submitting a document described in (a) of 18 this section; 19 (3) provide the manner for submitting a notice of a revocation of a 20 document described in (a) of this section; 21 (4) provide the manner in which a person may opt out of the registry 22 under (b) of this section; and 23 (5) establish procedures to protect confidentiality of information 24 submitted to the registry. 25 Sec. 13.52.420. Use of registry. The department shall allow a health care 26 provider authorized by the department under AS 13.52.410 access to the registry for 27 health care purposes. 28 Sec. 13.52.430. Application to individuals. (a) Nothing in this chapter is 29 intended to require an individual to execute or have a document described in 30 AS 13.52.410. 31 (b) The submission of a document described in AS 13.52.410(a) to the registry
01 does not affect the ability to revoke that document. 02 (c) Failure to submit a document described in AS 13.52.410(a) to the registry 03 does not affect the validity of the document. 04 (d) Failure to notify the department of the revocation of a document described 05 in AS 13.52.410(a) does not affect the validity of a revocation that meets the statutory 06 requirements for the revocation to be valid under AS 13.52.010 - 13.52.395 (Health 07 Care Decisions Act). 08 Sec. 13.52.440. Confidentiality of collected information. The registry and 09 the information contained in it are confidential and are not public records under 10 AS 40.25.100 - 40.25.295. 11 Sec. 13.52.490. Regulations. The department may adopt regulations to 12 implement AS 13.52.400 - 13.52.499. 13 Sec. 13.52.499. Definitions. In AS 13.52.400 - 13.52.499, 14 (1) "advance health care directive" has the meaning given in 15 AS 13.52.390; 16 (2) "anatomical gift" has the meaning given in AS 13.52.390; 17 (3) "department" means the Department of Health and Social Services; 18 (4) "health care provider" has the meaning given in AS 13.52.390; 19 (5) "registry" means the advance health care directive registry; 20 (6) "supervising health care provider" has the meaning given in 21 AS 13.52.390; 22 (7) "surrogate" has the meaning given in AS 13.52.390. 23 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 REVISOR'S INSTRUCTION. The revisor of statutes is requested to substitute 26 "AS 13.52.010 - 13.52.395" for "this chapter" wherever "this chapter" occurs in 27 "AS 13.52.010 - 13.52.395."