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HB 25: "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. 25                                                                          
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 12-month period for subsequent                                       
04 dispensings of the same prescription contraceptive to the insured regardless of whether                                 
05 the insured was enrolled in the health care insurance plan at the time of the first                                     
06       dispensing.                                                                                                       
07            (b)  A health care insurer may not deny coverage or reimbursement under (a)                                  
08       of this section because an insured changed contraceptive methods within a 12-month                                
09       period.                                                                                                           
10 (c)  A health care insurer may not offset the costs of compliance with (a) of                                           
11 this section and may not require copayments, deductibles, or other forms of cost                                        
12       sharing for contraceptives or services covered under (a) of this section.                                         
13 (d)  A health care insurer may not restrict or delay the coverage or                                                    
14 reimbursement required under (a) of this section, including use of medical                                              
15 management techniques that limit an insured's choice in accessing a full range of                                       
16       prescription contraceptives.                                                                                      
17 (e)  A health care insurer shall provide coverage and reimbursement under (a)                                           
18 of this section to all insureds enrolled in a health care insurance plan, including                                     
19       enrolled spouses and dependents.                                                                                  
20 (f)  A health care insurer that offers, issues for delivery, delivers, or renews in                                     
21 the state a health care insurance plan in the group market to a religious employer is                                   
22 exempt from the requirements of this section with respect to the health care insurance                                  
23 plan of the religious employer if the religious employer opposes the coverage required                                  
24       under this section and is an                                                                                      
25 (1)  organization that meets the criteria set out in 26 U.S.C.                                                          
26       6033(a)(3)(A)(i) or (iii) (Internal Revenue Code of 1986), as amended; or                                         
27 (2)  eligible organization that has self-certified in the form and manner                                               
28 specified by the United States Secretary of Labor or has provided notice to the United                                  
29 States Secretary of Health and Human Services, under the requirements set out in 45                                     
30       C.F.R. 147.131(b)(1) - (3).                                                                                       
31            (g)  In this section,                                                                                        
01                 (1)  "health care insurer" includes a self-insured employer that offers,                                
02       issues for delivery, delivers, or renews in the state a health care insurance plan for its                        
03       employees;                                                                                                        
04                 (2)  "prescription contraceptive" means a drug or device that requires a                                
05       prescription and is approved by the United States Food and Drug Administration to                                 
06       prevent pregnancy.                                                                                                
07    * Sec. 2. AS 47.07.065 is amended by adding new subsections to read:                                               
08            (b)  The department shall pay for                                                                            
09                 (1)  prescription contraceptives intended to last for a 12-month period                                 
10 for subsequent dispensings of the same prescription contraceptive if prescribed to and                                  
11 requested by the recipient, regardless of whether the recipient was receiving medical                                   
12       assistance at the time of the first dispensing; and                                                               
13 (2)  consultations, examinations, procedures, and medical services that                                                 
14       are necessary to                                                                                                  
15 (A)  prescribe, dispense, insert, distribute, or administer                                                             
16            prescription contraceptives; or                                                                              
17                      (B)  remove prescription contraceptives.                                                           
18 (c)  Nothing in this section requires itemized reimbursement when a service is                                          
19       reimbursable as part of a bundled or composite rate.                                                              
20 (d)  In this section, "prescription contraceptive" means a drug or device that                                          
21 requires a prescription and is approved by the United States Food and Drug                                              
22       Administration to prevent pregnancy.                                                                              
23    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
24 read:                                                                                                                   
25 MEDICAID STATE PLAN INSTRUCTIONS; NOTICE TO REVISOR OF                                                                  
26 STATUTES. The Department of Health and Social Services shall immediately amend and                                      
27 submit for federal approval a state plan for medical assistance coverage consistent with                                
28 AS 47.07.065(b) - (d), added by sec. 2 of this Act. The Department of Health and Social                                 
29 Services shall apply to the United States Department of Health and Human Services for any                               
30 waivers necessary to implement AS 47.07.065(b) - (d), added by sec. 2 of this Act. The                                  
31 commissioner of health and social services shall notify the revisor of statutes in writing if the                       
01 United States Department of Health and Human Services approves the provisions of                                        
02 AS 47.07.065(b) - (d), added by sec. 2 of this Act.                                                                     
03    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05 CONDITIONAL EFFECT. AS 47.07.065(b) - (d), added by sec. 2 of this Act, take                                            
06 effect only if the commissioner of health and social services notifies the revisor of statutes in                       
07 writing under sec. 3 of this Act, on or before January 1, 2018, that the provisions of                                  
08 AS 47.07.065(b) - (d), added by sec. 2 of this Act, have been approved by the United States                             
09 Department of Health and Human Services.                                                                                
10    * Sec. 5. If AS 47.07.065(b) - (d), added by sec. 2 of this Act, take effect, they take effect on                  
11 the day after the date the commissioner of health and social services makes a certification to                          
12 the revisor of statutes under secs. 3 and 4 of this Act.                                                                
13    * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2018.