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CSHB 176(HSS): "An Act relating to medical assistance reimbursement for emergency medical transportation services; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 176(HSS)                                                                    
01 "An Act relating to medical assistance reimbursement for emergency medical                                              
02 transportation services; and providing for an effective date."                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 47.07 is amended by adding a new section to read:                                                  
05 Sec. 47.07.085. Supplemental reimbursement for emergency medical                                                      
06 transportation services. (a) The department shall develop a program to provide                                        
07 supplemental reimbursement to eligible emergency medical transportation service                                         
08 providers for the cost of providing services to medical assistance recipients. Except as                                
09 provided in (b) of this section, the amount of the supplemental reimbursement paid to                                   
10 a provider must be equal to the amount of federal financial participation that the                                      
11 department receives for the nonfederal matching funds paid by the provider through                                      
12 intergovernmental transfers or certified public expenditures, less any administrative                                   
13 expenses. Under the program, the department shall use intergovernmental transfers, or                                   
14 certified public expenditures, or both, for the nonfederal share of emergency medical                                   
01       transportation services that are eligible for federal financial participation under the                           
02       medical assistance program.                                                                                       
03 (b)  The amount a provider receives in supplemental reimbursements under the                                            
04 program, when combined with the amount the provider receives from all other                                             
05 sources, including medical assistance reimbursement under the state plan, may not                                       
06 exceed the provider's actual cost for providing emergency medical transportation                                        
07       services to medical assistance recipients.                                                                        
08            (c)  An emergency medical transportation service provider is eligible to                                     
09       participate in the program if the provider                                                                        
10                 (1)  is enrolled with the department as a medical assistance provider;                                  
11 (2)  voluntarily enters into an agreement with the department to                                                        
12       participate in the program;                                                                                       
13 (3)  is owned or operated by the state, a political subdivision of the                                                  
14       state, or a federally recognized tribe or tribal organization;                                                    
15 (4)  charges for emergency medical transportation services on a fee-for-                                                
16       service or other federally permissible basis; and                                                                 
17 (5)  certifies that the provider's expenditures for emergency medical                                                   
18       transportation services qualify for federal financial participation.                                              
19 (d)  The department may charge an administrative fee to a provider who                                                  
20 participates in the program to cover the department's costs for administering the                                       
21 program. The administrative fee may not exceed 20 percent of a provider's cost for                                      
22       providing emergency medical transportation services.                                                              
23 (e)  If the United States Department of Health and Human Services revokes                                               
24 approval of the program, the department shall provide notice to the legislature. The                                    
25 department shall submit written notice to the secretary of the senate and the chief clerk                               
26 of the house of representatives as early as possible after the United States Department                                 
27       of Health and Human Services expresses its intent to revoke approval of the program.                              
28            (f)  Supplemental reimbursement payments are subject to appropriation.                                       
29            (g)  In this section,                                                                                        
30 (1) "emergency medical transportation services" includes ground,                                                        
31 water, or air transportation services provided to a medical assistance recipient during a                               
01       medical emergency;                                                                                                
02                 (2)  "program" means the supplemental reimbursement program                                             
03       developed by the department under this section;                                                                   
04                 (3)  "provider" means an eligible emergency medical transportation                                      
05       service provider;                                                                                                 
06                 (4)  "state plan" means the state plan for medical assistance coverage                                  
07       developed under AS 47.07.040.                                                                                   
08    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
09 read:                                                                                                                   
10 MEDICAID STATE PLAN AMENDMENT; NOTICE TO REVISOR OF                                                                     
11 STATUTES. The Department of Health and Social Services shall amend and submit for                                       
12 federal approval a state plan for medical assistance reimbursement consistent with this Act.                            
13 The commissioner of health and social services shall certify to the revisor of statutes if all of                       
14 the provisions of AS 47.07.085, enacted by sec. 1 of this Act, are approved by the United                               
15 States Department of Health and Human Services.                                                                         
16    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18 CONDITIONAL EFFECT. AS 47.07.085, enacted by sec. 1 of this Act, takes effect                                           
19 only if the commissioner of health and social services certifies to the revisor of statutes under                       
20 sec. 2 of this Act, on or before November 1, 2018, that all of the provisions added by                                  
21 AS 47.07.085 have been approved by the United States Department of Health and Human                                     
22 Services.                                                                                                               
23    * Sec. 4. If AS 47.07.085, enacted by sec. 1 of this Act, takes effect, it takes effect on the                     
24 day after the date the commissioner of health and social services makes a certification to the                          
25 revisor of statutes under sec. 2 of this Act.