txt

HB 5: "An Act prohibiting the expenditure of state money on gender reassignment medical procedures."

00                              HOUSE BILL NO. 5                                                                           
01 "An Act prohibiting the expenditure of state money on gender reassignment medical                                       
02 procedures."                                                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 33.30.011(a) is amended to read:                                                                   
05            (a)  The commissioner shall                                                                                  
06 (1)  establish, maintain, operate, and control correctional facilities                                                  
07 suitable for the custody, care, and discipline of persons charged or convicted of                                       
08 offenses against the state or held under authority of state law; each correctional facility                             
09 operated by the state shall be established, maintained, operated, and controlled in a                                   
10       manner that is consistent with AS 33.30.015;                                                                      
11                 (2)  classify prisoners;                                                                                
12                 (3)  for persons committed to the custody of the commissioner,                                          
13       establish programs, including furlough programs that are reasonably calculated to                                 
14                      (A)  protect the public and the victims of crimes committed by                                     
01            prisoners;                                                                                                   
02                      (B)  maintain health;                                                                              
03                      (C)  create or improve occupational skills;                                                        
04                      (D)  enhance educational qualifications;                                                           
05                      (E)  support court-ordered restitution; and                                                        
06                      (F)  otherwise provide for the rehabilitation and reformation of                                   
07            prisoners, facilitating their reintegration into society;                                                    
08                 (4)  subject to AS 33.30.028(e), provide necessary                                                  
09                      (A)  medical services for prisoners in correctional facilities or                                  
10 who are committed by a court to the custody of the commissioner, including                                              
11            examinations for communicable and infectious diseases;                                                       
12 (B)  psychological or psychiatric treatment if a physician or                                                           
13 other health care provider, exercising ordinary skill and care at the time of                                           
14            observation, concludes that                                                                                  
15 (i)  a prisoner exhibits symptoms of a serious disease or                                                               
16                 injury that is curable or may be substantially alleviated; and                                          
17 (ii)  the potential for harm to the prisoner by reason of                                                               
18                 delay or denial of care is substantial; and                                                             
19 (C)  assessment or screening of the risks and needs of offenders                                                        
20 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal                                         
21 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based                                               
22            disorder;                                                                                                    
23 (5)  establish minimum standards for sex offender treatment programs                                                    
24       offered to persons who are committed to the custody of the commissioner;                                          
25 (6)  provide for fingerprinting in correctional facilities in accordance                                                
26       with AS 12.80.060;                                                                                                
27 (7)  establish a program to conduct assessments of the risks and needs                                                  
28 of offenders sentenced to serve a term of incarceration of 30 days or more and provide                                  
29 to the legislature, by electronic means, by January 15, 2017, and thereafter by                                         
30 January 15, preceding the first regular session of each legislature, a report                                           
31 summarizing the findings and results of the program; the program must include a                                         
01       requirement for an assessment before a prisoner's release on parole, furlough, or                                 
02       electronic monitoring from a correctional facility;                                                               
03                 (8)  establish a procedure that provides for each prisoner required to                                  
04       serve an active term of imprisonment of 30 days or more a written case plan that                                  
05                      (A)  is provided to the prisoner within 90 days after sentencing;                                  
06                      (B)  is based on the results of the assessment of the prisoner's                                   
07            risks and needs under (7) of this subsection;                                                                
08                      (C)  includes a requirement to follow the rules of the institution;                                
09                      (D)  is modified when necessary for changes in classification,                                     
10            housing status, medical or mental health, and resource availability;                                         
11 (E)  includes participation in programming that addresses the                                                           
12            needs identified in the assessment;                                                                          
13 (9)  establish a program to begin reentry planning with each prisoner                                                   
14 serving an active term of imprisonment of 90 days or more; reentry planning must                                        
15 begin at least 90 days before release on furlough or probation or parole; the reentry                                   
16       program must include                                                                                              
17 (A)  a written reentry plan for each prisoner completed upon                                                            
18 release on furlough or probation or parole that includes information on the                                             
19            prisoner's proposed                                                                                          
20                           (i)  residence;                                                                               
21                           (ii)  employment or alternative means of support;                                             
22                           (iii)  treatment options;                                                                     
23                           (iv)  counseling services;                                                                    
24                           (v)  education or job training services;                                                      
25 (B)  any other requirements for successful transition back to the                                                       
26 community, including electronic monitoring or furlough for the period between                                           
27            a scheduled parole hearing and parole eligibility;                                                           
28 (C)  coordination with the Department of Labor and Workforce                                                            
29 Development to provide access, after release, to job training and employment                                            
30            assistance;                                                                                                  
31                 (10)  for offenders under electronic monitoring, establish                                              
01                      (A)  minimum standards for electronic monitoring, which may                                        
02            include the requirement of active, real-time monitoring using global                                         
03            positioning systems; and                                                                                     
04                      (B)  procedures for oversight and approving electronic                                             
05            monitoring programs and systems provided by private contractors; and                                         
06                 (11)  assist a prisoner in obtaining a valid state identification card if the                           
07       prisoner does not have a valid state identification card before the prisoner's release; the                       
08       department shall pay the application fee for the identification card.                                             
09    * Sec. 2. AS 33.30.028(a) is amended to read:                                                                      
10 (a)  Notwithstanding any other provision of law, the liability for payment of                                           
11 the costs of medical, psychological, and psychiatric care provided or made available to                                 
12 a prisoner committed to the custody of the commissioner is, subject to (b) and (e) of                               
13       this section, the responsibility of the prisoner and the                                                          
14 (1)  prisoner's insurer if the prisoner is insured under existing individual                                            
15       health insurance, group health insurance, or any prepaid medical coverage;                                        
16 (2)  Department of Health and Social Services if the prisoner is eligible                                               
17       for assistance under AS 47.07 or AS 47.25.120 - 47.25.300;                                                        
18 (3)  United States Department of Veterans Affairs if the prisoner is                                                    
19 eligible for veterans' benefits that entitle the prisoner to reimbursement for the medical                              
20       care or medical services;                                                                                         
21 (4)  United States Public Health Service, the Indian Health Service, or                                                 
22 any affiliated group or agency if the prisoner is a Native American and is entitled to                                  
23       medical care from those agencies or groups; and                                                                   
24 (5)  parent or guardian of the prisoner if the prisoner is under the age of                                             
25       18.                                                                                                               
26    * Sec. 3. AS 33.30.028 is amended by adding a new subsection to read:                                              
27 (e)  The department may not pay for any portion of the cost of a gender                                                 
28 reassignment medical procedure. In this subsection, "gender reassignment medical                                        
29 procedure" means a surgery or pharmaceutical drug therapy performed or supervised                                       
30       by a physician for the purpose of physiologically changing a person's sex.                                        
31    * Sec. 4. AS 39.30.090(a) is amended to read:                                                                      
01 (a)  The Department of Administration may obtain a policy or policies of group                                          
02 insurance covering state employees, persons entitled to coverage under AS 14.25.168,                                    
03 14.25.480, AS 22.25.090, AS 39.35.535, 39.35.880, or former AS 39.37.145,                                               
04 employees of other participating governmental units, or persons entitled to coverage                                    
05       under AS 23.15.136, subject to AS 39.30.093 and the following conditions:                                     
06 (1)  a group insurance policy shall provide one or more of the following                                                
07 benefits: life insurance, accidental death and dismemberment insurance, weekly                                          
08 indemnity insurance, hospital expense insurance, surgical expense insurance, dental                                     
09       expense insurance, audiovisual insurance, or other medical care insurance;                                        
10 (2)  each eligible employee of the state, the spouse and the unmarried                                                  
11 children chiefly dependent on the eligible employee for support, and each eligible                                      
12 employee of another participating governmental unit shall be covered by the group                                       
13 policy, unless exempt under regulations adopted by the commissioner of                                                  
14       administration;                                                                                                   
15                 (3)  a governmental unit may participate under a group policy if                                        
16 (A)  its governing body adopts a resolution authorizing                                                                 
17            participation and payment of required premiums;                                                              
18 (B)  a certified copy of the resolution is filed with the                                                               
19            Department of Administration; and                                                                            
20 (C)  the commissioner of administration approves the                                                                    
21            participation in writing;                                                                                    
22 (4)  in procuring a policy of group health or group life insurance as                                                   
23 provided under this section or excess loss insurance as provided in AS 39.30.091, the                                   
24 Department of Administration shall comply with the dual choice requirements of                                          
25 AS 21.86.310, and shall obtain the insurance policy from an insurer authorized to                                       
26 transact business in the state under AS 21.09, a hospital or medical service corporation                                
27 authorized to transact business in this state under AS 21.87, or a health maintenance                                   
28 organization authorized to operate in this state under AS 21.86; an excess loss                                         
29 insurance policy may be obtained from a life or health insurer authorized to transact                                   
30 business in this state under AS 21.09 or from a hospital or medical service corporation                                 
31       authorized to transact business in this state under AS 21.87;                                                     
01 (5)  the Department of Administration shall make available bid                                                          
02 specifications for desired insurance benefits or for administration of benefit claims and                               
03 payments to (A) all insurance carriers authorized to transact business in this state                                    
04 under AS 21.09 and all hospital or medical service corporations authorized to transact                                  
05 business under AS 21.87 who are qualified to provide the desired benefits; and (B)                                      
06 insurance carriers authorized to transact business in this state under AS 21.09, hospital                               
07 or medical service corporations authorized to transact business under AS 21.87, and                                     
08 third-party administrators licensed to transact business in this state and qualified to                                 
09 provide administrative services; the specifications shall be made available at least once                               
10 every five years; the lowest responsible bid submitted by an insurance carrier, hospital                                
11 or medical service corporation, or third-party administrator with adequate servicing                                    
12 facilities shall govern selection of a carrier, hospital or medical service corporation, or                             
13 third-party administrator under this section or the selection of an insurance carrier or a                              
14 hospital or medical service corporation to provide excess loss insurance as provided in                                 
15       AS 39.30.091;                                                                                                     
16 (6)  if the aggregate of dividends payable under the group insurance                                                    
17 policy exceeds the governmental unit's share of the premium, the excess shall be                                        
18       applied by the governmental unit for the sole benefit of the employees;                                           
19 (7)  a person receiving benefits under AS 14.25.110, AS 22.25,                                                          
20 AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in                                       
21 effect under this section at the time of termination of employment with the state or                                    
22       participating governmental unit;                                                                                  
23 (8)  a person electing to have insurance under (7) of this subsection                                                   
24       shall pay the cost of this insurance;                                                                             
25 (9)  for each permanent part-time employee electing coverage under                                                      
26 this section, the state shall contribute one-half the state contribution rate for permanent                             
27 full-time state employees, and the permanent part-time employee shall contribute the                                    
28       other one-half;                                                                                                   
29 (10)  a person receiving benefits under AS 14.25, AS 22.25, AS 39.35,                                                   
30 or former AS 39.37 may obtain auditory, visual, and dental insurance for that person                                    
31 and eligible dependents under this section; the level of coverage for persons over 65                                   
01 shall be the same as that available before reaching age 65 except that the benefits                                     
02 payable shall be supplemental to any benefits provided under the federal old age,                                       
03 survivors, and disability insurance program; a person electing to have insurance under                                  
04 this paragraph shall pay the cost of the insurance; the commissioner of administration                                  
05       shall adopt regulations implementing this paragraph;                                                              
06 (11)  a person receiving benefits under AS 14.25, AS 22.25, AS 39.35,                                                   
07 or former AS 39.37 may obtain long-term care insurance for that person and eligible                                     
08 dependents under this section; a person who elects insurance under this paragraph                                       
09 shall pay the cost of the insurance premium; the commissioner of administration shall                                   
10       adopt regulations to implement this paragraph;                                                                    
11 (12)  each licensee holding a current operating agreement for a vending                                                 
12 facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy that                                       
13       applies to governmental units other than the state.                                                               
14    * Sec. 5. AS 39.30.091 is amended to read:                                                                         
15 Sec. 39.30.091. Authorization for self-insurance and excess loss insurance.                                           
16 Notwithstanding AS 21.86.310 or AS 39.30.090, and subject to AS 39.30.093, the                                      
17 Department of Administration may provide, by means of self-insurance, one or more                                       
18 of the benefits listed in AS 39.30.090(a)(1) for state employees eligible for the benefits                              
19 by law or under a collective bargaining agreement and for persons receiving benefits                                    
20 under AS 14.25, AS 22.25, AS 39.35, or former AS 39.37, and their dependents. The                                       
21       department shall procure any necessary excess loss insurance under AS 39.30.090.                                  
22    * Sec. 6. AS 39.30 is amended by adding a new section to read:                                                     
23 Sec. 39.30.093. Gender reassignment medical procedures not covered. The                                               
24 Department of Administration may not provide as part of a benefit under this chapter                                    
25 insurance coverage for a gender reassignment medical procedure. In this section,                                        
26 "gender reassignment medical procedure" means a surgery or pharmaceutical drug                                          
27 therapy performed or supervised by a physician for the purpose of physiologically                                       
28       changing a person's sex.                                                                                          
29    * Sec. 7. AS 47.07 is amended by adding a new section to read:                                                     
30 Sec. 47.07.069. Payment for gender reassignment medical procedures                                                    
31 prohibited. Notwithstanding any other provision of this chapter, the department may                                   
01 not pay for or reimburse the cost of a gender reassignment medical procedure. In this                                   
02 section, "gender reassignment medical procedure" means a surgery or pharmaceutical                                      
03 drug therapy performed or supervised by a physician for the purpose of                                                  
04       physiologically changing a person's sex.                                                                          
05    * Sec. 8. AS 47.08.050 is amended to read:                                                                         
06 Sec. 47.08.050. Services excluded from coverage. Annually, the committee                                              
07 shall determine in light of appropriated funds and expected need the medical expenses                                   
08 reimbursable under AS 47.08.010 - 47.08.140, except that the following are not                                          
09       reimbursable:                                                                                                     
10 (1)  dentistry and optometry unless prescribed by a licensed dentist or                                                 
11       physician as medically necessary as the result of the injury or illness;                                          
12                 (2)  elective medical or surgical procedures;                                                           
13                 (3)  drugs and medications not prescribed by a licensed physician;                                      
14 (4)  services received as a result of a pregnancy or birth without                                                      
15       unusual complications;                                                                                            
16 (5)  private psychological or psychiatric treatment or private alcoholism                                               
17       treatment, unless not available from public agencies or programs;                                                 
18 (6)  chiropractic services and services provided by a person who                                                        
19       practices naturopathy;                                                                                            
20                 (7)  services not of a medical nature;                                                                  
21 (8)  medical services currently provided to persons in the custody of the                                               
22       Department of Corrections;                                                                                        
23                 (9)  costs incurred before July 1976;                                                               
24 (10)  gender reassignment medical procedures; in this paragraph,                                                    
25 "gender reassignment medical procedure" means a surgery or pharmaceutical                                           
26 drug therapy performed or supervised by a doctor for the purpose of                                                 
27       physiologically changing a person's sex.                                                                      
28    * Sec. 9. AS 47.25.120 is amended by adding a new subsection to read:                                              
29 (b)  Notwithstanding (a) of this section and the other provisions of this chapter,                                      
30 the department may not pay for or reimburse the cost of a gender reassignment                                           
31 medical procedure. In this subsection, "gender reassignment medical procedure"                                          
01       means a surgery or pharmaceutical drug therapy performed or supervised by a doctor                                
02       for the purpose of physiologically changing a person's sex.