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CSSB 3006(L&C): "An Act relating to utilization review requirements; making temporary changes to state law in response to the novel coronavirus disease; relating to telemedicine and telehealth; relating to background checks; and providing for an effective date."

00 CS FOR SENATE BILL NO. 3006(L&C) 01 "An Act relating to utilization review requirements; making temporary changes to state 02 law in response to the novel coronavirus disease; relating to telemedicine and telehealth; 03 relating to background checks; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE. The purpose of this Act is to provide for mitigation measures that enhance 08 the state's ongoing efforts to reduce the spread of the novel coronavirus disease (COVID-19). 09 * Sec. 2. AS 21.06.080 is amended by adding a new subsection to read: 10 (f) During a recognized federal or state public health disaster or emergency, 11 the director may order health care insurers to waive utilization review requirements, 12 including preauthorization requirements for medical services, concurrent review for 13 inpatient hospital services, retrospective review of inpatient and outpatient services, 14 emergency services and payment of claims, and requirements for placements of policy

01 holders in postacute facilities. In this subsection, "utilization review" has the meaning 02 given in AS 21.07.250. 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TELEMEDICINE AND TELEHEALTH. (a) Notwithstanding any other provision of 06 law, the provisions of AS 08.64.170 and AS 08.68.160 do not apply to a health care provider 07 that is providing treatment, rendering a diagnosis, or prescribing, dispensing, or administering 08 a prescription, excluding a controlled substance listed in AS 11.71.140 - 11.71.190, through 09 telehealth as defined in AS 47.05.270(e), without first conducting an in-person physical 10 examination, if 11 (1) the health care provider is licensed, permitted, or certified to provide 12 health care services in another jurisdiction and is in good standing in the jurisdiction that 13 issued the license, permit, or certification; 14 (2) the health care services provided without an in-person physical 15 examination are within the health care provider's authorized scope of practice in the 16 jurisdiction that issued the health care provider's license, permit, or certification; 17 (3) in the event that the health care provider determines that the encounter will 18 extend beyond the scope of practice or scope of services described in this section, the health 19 care provider advises the patient that the health care provider is not authorized to provide the 20 services to the patient, recommends that the patient contact a health care provider licensed in 21 the state, and terminates the encounter. 22 (b) The amount charged by a health care provider for services provided under this 23 section must be reasonable and consistent with the ordinary fees typically charged for that 24 service and may not be more than the ordinary fees typically charged for that service. A health 25 care provider that is required to terminate an encounter under (a)(3) of this section may not 26 charge for any services provided during the encounter. 27 (c) In this section, "health care provider" has the meaning given in AS 18.15.395 and 28 includes a person that provides behavioral health care services. 29 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 BACKGROUND CHECKS; APPLICABILITY. Notwithstanding any other provision

01 of law, a hospital or nursing facility may employ a person without obtaining a background 02 check from the Department of Health and Social Services if the hospital or nursing facility 03 (1) provides sufficient information to the Department of Health and Social 04 Services attesting to the hiring process for each person employed at the facility and confirms 05 that a background check has been conducted as part of the hiring process; and 06 (2) not later than July 1, 2022, obtains a background check from the 07 Department of Health and Social Services for each person hired by the hospital or nursing 08 facility between the effective date of this Act and July 1, 2022. 09 * Sec. 5. Sections 3 and 4 of this Act are repealed July 1, 2022. 10 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).