CSSB 156(HSS): "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 CS FOR SENATE BILL NO. 156(HSS) 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) voluntary sterilization procedures; and 12 (C) consultations, examinations, procedures, and medical 13 services that are necessary to prescribe, dispense, insert, deliver, distribute, 14 administer, or remove the drugs, devices, and other products or services
01 provided under this paragraph; 02 (2) reimburse a health care provider or dispensing entity for dispensing 03 prescription contraceptives intended to last for a 04 (A) three-month period for the first dispensing of the 05 prescription contraceptive to an insured; and 06 (B) 12-month period for subsequent dispensings of the same 07 prescription contraceptive to the insured regardless of whether the insured was 08 enrolled in the health care insurance plan at the time of the first 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 copayments, deductibles, or other forms of cost 14 sharing for contraceptives or services covered under (a) of this section. 15 (d) A health care insurer may not restrict or delay the coverage or 16 reimbursement required under (a) of this section, including by using medical 17 management techniques that limit an insured's choice in accessing a full range of 18 prescription contraceptives. 19 (e) A health care insurer shall provide coverage and reimbursement under (a) 20 of this section to all insureds, including enrolled spouses and dependents, enrolled in a 21 health insurance plan. 22 (f) A health care insurer that offers, issues for delivery, delivers, or renews in 23 the state a health care insurance plan in the group market to a religious employer is 24 exempt from the requirements of this section with respect to the health care insurance 25 plan of the religious employer if the religious employer opposes the coverage required 26 under this section and is an 27 (1) organization that meets the criteria set out in 26 U.S.C. 28 6033(a)(3)(A)(i) or (iii) (Internal Revenue Code of 1986), as amended; or 29 (2) eligible organization that has self-certified in the form and manner 30 specified by the United States Secretary of Labor or has provided notice to the United 31 States Secretary of Health and Human Services, under the requirements set out in 45
01 C.F.R. 147.131(b)(1) - (3). 02 (g) In this section, "prescription contraceptive" means a drug or device that 03 requires a prescription and is approved by the United States Food and Drug 04 Administration to prevent pregnancy. 05 * Sec. 2. AS 47.07.065 is amended by adding new subsections to read: 06 (b) The department shall pay for 07 (1) prescription contraceptives intended to last for a 08 (A) three-month period for the first dispensing of the 09 prescription contraceptive to a recipient; and 10 (B) 12-month period for subsequent dispensings of the same 11 prescription contraceptive if prescribed to and requested by the recipient, 12 regardless of whether the recipient was receiving medical assistance at the time 13 of the first dispensing; and 14 (2) consultations, examinations, procedures, and medical services that 15 are necessary to 16 (A) prescribe, dispense, insert, distribute, or administer 17 prescription contraceptives; or 18 (B) remove prescription contraceptives. 19 (c) Nothing in this section requires itemized reimbursement when a service is 20 reimbursable as part of a bundled or composite rate. 21 (d) In this section, "prescription contraceptive" means a drug or device that 22 requires a prescription and is approved by the United States Food and Drug 23 Administration to prevent pregnancy. 24 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 MEDICAID STATE PLAN INSTRUCTIONS; NOTICE TO REVISOR OF 27 STATUTES. The Department of Health and Social Services shall immediately amend and 28 submit for federal approval a state plan for medical assistance coverage consistent with 29 AS 47.07.065(b) - (d), added by sec. 2 of this Act. The Department of Health and Social 30 Services shall apply to the United States Department of Health and Human Services for any 31 waivers necessary to implement AS 47.07.065(b) - (d), added by sec. 2 of this Act. The
01 commissioner of health and social services shall notify the revisor of statutes in writing on or 02 before January 1, 2017, if the United States Department of Health and Human Services 03 approves the provisions of AS 47.07.065(b) - (d), added by sec. 2 of this Act. 04 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 CONDITIONAL EFFECT. AS 47.07.065(b) - (d), added by sec. 2 of this Act, take 07 effect only if the commissioner of health and social services notifies the revisor of statutes in 08 writing under sec. 3 of this Act, on or before January 1, 2017, that the provisions of 09 AS 47.07.065(b) - (d), added by sec. 2 of this Act, have been approved by the United States 10 Department of Health and Human Services. 11 * Sec. 5. If AS 47.07.065(b) - (d), added by sec. 2 of this Act, take effect, they take effect on 12 the day after the date the commissioner of health and social services makes a certification to 13 the revisor of statutes under secs. 3 and 4 of this Act. 14 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2017.