CSHB 123(HSS): "An Act relating to disclosure of health care services and price information; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 123(HSS) 01 "An Act relating to disclosure of health care services and price information; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.15.360(a) is amended to read: 05 (a) The department is authorized to collect, analyze, and maintain databases of 06 information related to 07 (1) risk factors identified for conditions of public health importance; 08 (2) morbidity and mortality rates for conditions of public health 09 importance; 10 (3) community indicators relevant to conditions of public health 11 importance; 12 (4) longitudinal data on traumatic or acquired brain injury from the 13 registry established under AS 47.80.500(c)(1); [AND] 14 (5) health care services and price information collected under
01 AS 18.23.400; and 02 (6) any other data needed to accomplish or further the mission or goals 03 of public health or provide essential public health services and functions. 04 * Sec. 2. AS 18.23 is amended by adding a new section to read: 05 Article 4. Health Care Services and Price Information. 06 Sec. 18.23.400. Disclosure and reporting of health care services and price 07 information. (a) A health care provider shall annually compile a list, by procedure 08 code, including a brief description, in plain language that an individual with no 09 medical training can understand, of the 25 health care services most commonly 10 performed by the provider in the state in the previous calendar year and the 11 undiscounted price charged for each of those health care services. 12 (b) A health care facility in the state shall annually compile a list, by 13 procedure code, including a brief description, in plain language that an individual with 14 no medical training can understand, of the 50 health care services most commonly 15 performed at the facility in the previous calendar year and the undiscounted price 16 charged for each of those health care services. 17 (c) A health care provider and health care facility shall publish the lists 18 compiled under (a) and (b) of this section by January 31 each year 19 (1) by providing the list to the department for entry in the department's 20 database under AS 18.15.360; 21 (2) by posting a copy of the list in a conspicuous public reception area 22 at the health care provider's office or health care facility where the services are 23 performed; and 24 (3) if the health care provider or facility has an Internet website, by 25 posting the list on the website. 26 (d) A health care provider or health care facility may include a statement with 27 a list published under (c) of this section explaining that the undiscounted price may be 28 higher or lower than the amount an individual actually pays for the health care 29 services described in the list. 30 (e) The department shall compile and annually update the lists provided under 31 (a) and (b) of this section by health care service and, where relevant, provider and
01 health care facility name and location, and post the information on the department's 02 Internet website and enter the information in the database maintained under 03 AS 18.15.360. 04 (f) If a health care provider performs fewer than 25 health care services in the 05 state or fewer than 50 health care services are performed at a health care facility in the 06 state in the annual reporting period under this section, the provider or facility shall 07 provide a list of all of the health care services performed by the provider or at the 08 facility. 09 (g) A health care provider or health care facility that fails to comply with the 10 requirements of this section is liable for a civil penalty. The department may impose a 11 civil penalty of not more than $50 for each day after March 31 that a health care 12 provider or health care facility fails to provide and post information as required under 13 (c) of this section. The total penalty may not exceed $2,500. A person penalized under 14 this subsection is entitled to a hearing conducted by the office of administrative 15 hearings under AS 44.64. 16 (h) In this section, 17 (1) "department" means the Department of Health and Social Services; 18 (2) "health care facility" means a private, municipal, or state hospital, 19 psychiatric hospital, independent diagnostic testing facility, residential psychiatric 20 treatment center as defined in AS 47.32.900, kidney disease treatment center 21 (including freestanding hemodialysis units), the offices of private physicians or 22 dentists whether in individual or group practice; ambulatory surgical center as defined 23 in AS 47.32.900, free-standing birth center as defined in AS 47.32.900, and rural 24 health clinic as defined in AS 47.32.900; "health care facility" does not include 25 (A) the Alaska Pioneers' Home and the Alaska Veterans' Home 26 administered by the department under AS 47.55; 27 (B) an assisted living home as defined in AS 47.33.990; 28 (C) a nursing facility licensed by the department to provide 29 long-term care; 30 (D) a facility operated by an Alaska tribal health organization; 31 and
01 (E) a hospital operated by the United States Department of 02 Veterans Affairs or the United States Department of Defense, or any other 03 federally operated hospital or institution; 04 (3) "health care provider" means an individual licensed, certified, or 05 otherwise authorized or permitted by law to provide health care services in the 06 ordinary course of business or practice of a profession; 07 (4) "health care service" means a service or procedure provided in 08 person or remotely by telemedicine or other means by a health care provider or at a 09 health care facility for the purpose of or incidental to the care, prevention, or treatment 10 of a physical or mental illness or injury; 11 (5) "recipient" means an individual to whom health care services are 12 provided in the state by a health care provider or at a health care facility; 13 (6) "third party" means a public or private entity, association, or 14 organization that provides, by contract, agreement, or other arrangement, insurance, 15 payment, price discount, or other benefit for all or a portion of the cost of health care 16 services provided to a recipient; "third party" does not include a member of the 17 recipient's immediate family; 18 (7) "undiscounted price" means the charges billed for services 19 rendered without complications or exceptional circumstances; "undiscounted price" 20 does not include a negotiated discount for in-network, out-of-network, or self-insured 21 services rendered or the costs paid by a third party for those services. 22 * Sec. 3. This Act takes effect January 1, 2018.