HB 345: "An Act relating to insurance coverage for contraceptives and related services; relating to medical assistance coverage for contraceptives and related services; and providing for an effective date."
00 HOUSE BILL NO. 345 01 "An Act relating to insurance coverage for contraceptives and related services; relating 02 to medical assistance coverage for contraceptives and related services; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 21.42 is amended by adding a new section to read: 06 Sec. 21.42.427. Coverage for contraceptives. (a) A health care insurer that 07 offers, issues for delivery, delivers, or renews in the state a health care insurance plan 08 in the group or individual market shall 09 (1) provide coverage for 10 (A) prescription contraceptives; 11 (B) over-the-counter contraceptives approved by the United 12 States Food and Drug Administration; 13 (C) voluntary sterilization procedures; and 14 (D) consultations, examinations, procedures, and medical
01 services that are necessary to prescribe, dispense, insert, deliver, distribute, 02 administer, or remove the drugs, devices, and other products or services 03 provided under this paragraph; 04 (2) reimburse a health care provider or dispensing entity for dispensing 05 prescription contraceptives intended to last for a 12-month period for subsequent 06 dispensings of the same prescription contraceptive to the insured regardless of whether 07 the insured was enrolled in the health care insurance plan at the time of the first 08 dispensing. 09 (b) A health care insurer may not deny coverage or reimbursement under (a) 10 of this section because an insured changed contraceptive methods within a 12-month 11 period. 12 (c) A health care insurer may not offset the costs of compliance with (a) of 13 this section and may not require 14 (1) copayments, deductibles, or other forms of cost sharing for 15 contraceptives or services covered under (a) of this section; or 16 (2) a prescription to trigger coverage of over-the-counter 17 contraceptives approved by the United States Food and Drug Administration. 18 (d) A health care insurer may not restrict or delay the coverage or 19 reimbursement required under (a) of this section, including use of medical 20 management techniques that limit an insured's choice in accessing a full range of 21 prescription contraceptives. 22 (e) A health care insurer shall provide coverage and reimbursement under (a) 23 of this section to all insureds enrolled in a health insurance plan, including enrolled 24 spouses and dependents. 25 (f) A health care insurer that offers, issues for delivery, delivers, or renews in 26 the state a health care insurance plan in the group market to a religious employer is 27 exempt from the requirements of this section with respect to the health care insurance 28 plan of the religious employer if the religious employer opposes the coverage required 29 under this section and is an 30 (1) organization that meets the criteria set out in 26 U.S.C. 31 6033(a)(3)(A)(i) or (iii) (Internal Revenue Code of 1986), as amended; or
01 (2) eligible organization that has self-certified in the form and manner 02 specified by the United States Secretary of Labor or has provided notice to the United 03 States Secretary of Health and Human Services, under the requirements set out in 45 04 C.F.R. 147.131(b)(1) - (3). 05 (g) In this section, 06 (1) "health care insurer" includes a self-insured employer that offers, 07 issues for delivery, delivers, or renews in the state a health care insurance plan for its 08 employees; 09 (2) "prescription contraceptive" means a drug or device that requires a 10 prescription and is approved by the United States Food and Drug Administration to 11 prevent pregnancy. 12 * Sec. 2. AS 47.07.065 is amended by adding new subsections to read: 13 (b) The department shall pay for 14 (1) prescription contraceptives intended to last for a 12-month period 15 for subsequent dispensings of the same prescription contraceptive to the insured 16 regardless of whether the insured was enrolled in the health care insurance plan at the 17 time of the first dispensing; 18 (2) over-the-counter contraceptives approved by the United States 19 Food and Drug Administration; 20 (3) voluntary sterilization procedures; and 21 (4) consultations, examinations, procedures, and medical services that 22 are necessary to prescribe, dispense, insert, deliver, distribute, administer, or remove 23 the drugs, devices, and other products or services provided under this subsection. 24 (c) In this section, "prescription contraceptive" means a drug or device that 25 requires a prescription and is approved by the United States Food and Drug 26 Administration to prevent pregnancy. 27 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 MEDICAID STATE PLAN INSTRUCTIONS; NOTICE TO REVISOR OF 30 STATUTES. The Department of Health and Social Services shall immediately amend and 31 submit for federal approval a state plan for medical assistance coverage consistent with
01 AS 47.07.065(b) and (c), added by sec. 2 of this Act. The Department of Health and Social 02 Services shall apply to the United States Department of Health and Human Services for any 03 waivers necessary to implement AS 47.07.065(b) and (c), added by sec. 2 of this Act. The 04 commissioner of health and social services shall notify the revisor of statutes in writing if the 05 United States Department of Health and Human Services approves the provisions of 06 AS 47.07.065(b) and (c), added by sec. 2 of this Act. 07 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 CONDITIONAL EFFECT. AS 47.07.065(b) and (c), added by sec. 2 of this Act, take 10 effect only if the commissioner of health and social services notifies the revisor of statutes in 11 writing under sec. 3 of this Act, on or before January 1, 2017, that the provisions of 12 AS 47.07.065(b) and (c), added by sec. 2 of this Act, have been approved by the United States 13 Department of Health and Human Services. 14 * Sec. 5. If AS 47.07.065(b) and (c), added by sec. 2 of this Act, take effect, they take effect 15 on the day after the date the commissioner of health and social services makes a certification 16 to the revisor of statutes under secs. 3 and 4 of this Act. 17 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2017.