Legislature(2015 - 2016)

2016-04-14 House Journal

Full Journal pdf

2016-04-14                     House Journal                      Page 2334
SB 74                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    CS FOR SENATE BILL NO. 74(FIN) am                                                                                           
    "An Act relating to diagnosis, treatment, and prescription of drugs                                                         
    without a physical examination by a physician; relating to the                                                              
    delivery of services by a licensed professional counselor, marriage                                                         
    and family therapist, psychologist, psychological associate, and                                                            
    social worker by audio, video, or data communications; relating to                                                          
    the duties of the State Medical Board; relating to limitations of                                                           
    actions; establishing the Alaska Medical Assistance False Claim                                                             
    and Reporting Act; relating to medical assistance programs                                                                  
    administered by the Department of Health and Social Services;                                                               
    relating to the controlled substance prescription database; relating                                                        
    to the duties of the Board of Pharmacy; relating to the duties of                                                           
    the Department of Commerce, Community, and Economic                                                                         
    Development; relating to accounting for program receipts; relating                                                          
    to public record status of records related to the Alaska Medical                                                            
    Assistance False Claim and Reporting Act; establishing a                                                                    
    telemedicine business registry; relating to competitive bidding for                                                         
    medical assistance products and services; relating to verification                                                          
    of eligibility for public assistance programs administered by the                                                           
    Department of Health and Social Services; relating to annual                                                                
    audits of state medical assistance providers; relating to reporting                                                         
    overpayments of medical assistance payments; establishing                                                                   
    authority to assess civil penalties for violations of medical                                                               
    assistance program requirements; relating to seizure and forfeiture                                                         
    of property for medical assistance fraud; relating to the duties of                                                         
    the Department of Health and Social Services; establishing                                                                  
    medical assistance demonstration projects; relating to Alaska                                                               
    Pioneers' Homes and Alaska Veterans' Homes; relating to the                                                                 
    duties of the Department of Administration; relating to the Alaska                                                          
    Mental Health Trust Authority; relating to feasibility studies for                                                          
    the provision of specified state services; amending Rules 4, 5, 7,                                                          
    12, 24, 26, 27, 41, 77, 79, 82, and 89, Alaska Rules of Civil                                                               
    Procedure, and Rule 37, Alaska Rules of Criminal Procedure; and                                                             
    providing for an effective date."                                                                                           
                                                                                                                                

2016-04-14                     House Journal                      Page 2335
with the:                                                  Journal Page                                                         
                                                                                                                                
 FIN RPT HCS(FIN) NT 2DP 4NR 5AM                                   2200                                                         
 FN29: (ADM)                                                       2202                                                         
 FN45: (DHS)                                                       2202                                                         
 FN46: (DHS)                                                       2202                                                         
 FN47: (DHS)                                                       2202                                                         
 FN48: (DHS)                                                       2202                                                         
 FN49: (DHS)                                                       2202                                                         
 FN50: (DHS)                                                       2202                                                         
 FN51: (DHS)                                                       2202                                                         
 FN52: (DHS)                                                       2202                                                         
 FN53: (DHS)                                                       2202                                                         
 FN54: (DHS)                                                       2202                                                         
 FN55: (DHS)                                                       2202                                                         
 FN56: (DHS)                                                       2202                                                         
 FN57: (DHS)                                                       2202                                                         
 FN58: (CED)                                                       2202                                                         
 FN59: (LAW)                                                       2202                                                         
 FN60: (COR)                                                       2202                                                         
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN)                                                                                 
    "An Act relating to diagnosis, treatment, and prescription of drugs                                                         
    without a physical examination by a physician; relating to the                                                              
    delivery of services by a licensed audiologist, speech-language                                                             
    pathologist, professional counselor, marriage and family therapist,                                                         
    psychologist, psychological associate, social worker, physical                                                              
    therapist, occupational therapist, and registered speech-language                                                           
    pathologist assistant by audio, video, or data communications;                                                              
    relating to the duties of the State Medical Board; relating to                                                              
    limitations of actions; establishing the Alaska Medical Assistance                                                          
    False Claim and Reporting Act; relating to medical assistance                                                               
    programs administered by the Department of Health and Social                                                                
    Services; relating to the controlled substance prescription                                                                 
    database; relating to the duties of the Board of Pharmacy;  relating                                                        
    to the duties of the Board of Dental Examiners; relating to the                                                             
    duties of the Board of Nursing; relating to the duties of the Board                                                         

2016-04-14                     House Journal                      Page 2336
    of Examiners in Optometry; relating to the duties of the                                                                    
    Department of Commerce, Community, and Economic                                                                             
    Development; relating to the duties of the Department of                                                                    
    Corrections; relating to accounting for program receipts; relating                                                          
    to public record status of records related to the Alaska Medical                                                            
    Assistance False Claim and Reporting Act; establishing a                                                                    
    telemedicine business registry; relating to verification of eligibility                                                     
    for public assistance programs administered by the Department of                                                            
    Health and Social Services; relating to annual audits of state                                                              
    medical assistance providers; relating to reporting overpayments                                                            
    of medical assistance payments; establishing authority to assess                                                            
    civil penalties for violations of medical assistance program                                                                
    requirements; relating to the duties of the Department of Health                                                            
    and Social Services; establishing medical assistance                                                                        
    demonstration projects; relating to Alaska Pioneers' Homes and                                                              
    Alaska Veterans' Homes; relating to the duties of the Department                                                            
    of Administration; relating to the Alaska Mental Health Trust                                                               
    Authority; relating to feasibility studies for the provision of                                                             
    specified state services; relating to a report by the Board of                                                              
    Pharmacy, Board of Examiners in Optometry, Board of Dental                                                                  
    Examiners, Board of Nursing, and State Medical Board; amending                                                              
    Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, and 82, Alaska Rules of                                                          
    Civil Procedure; and providing for an effective date."                                                                      
                                                                                                                                
    (HCR 30 - title change resolution)                                                                                          
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered by Representative Wilson:                                                                           
                                                                                                                                
Page 14, following line 10:                                                                                                     
    Insert a new subsection to read:                                                                                            
         "(f)  Notwithstanding (e) of this section, a corporation,                                                              
    partnership, or other individual is not liable under this section for                                                       
    acts of its agents if the evidence shows that the agent or apparent                                                         
    agent acted with intent to deceive the principal."                                                                          
                                                                                                                                
Page 55, following line 3:                                                                                                      
    Insert a new subsection to read:                                                                                            
    "(g)  AS 09.58.010(f), enacted by sec. 18 of this Act, takes effect                                                         

2016-04-14                     House Journal                      Page 2337
only if the commissioner of health and social services certifies to the                                                         
revisor of statutes, on or before October 1, 2017, that the provisions                                                          
added by AS 09.58.120(f) have been found by the Office of Inspector                                                             
General, United States Department of Health and Human Services, to                                                              
meet the requirements of 42 U.S.C. 1396h (Social Security Act)."                                                                
                                                                                                                                
Page 55, following line 18:                                                                                                     
    Insert a new bill section to read:                                                                                          
"* Sec. 67. If AS 09.58.010(f), enacted by sec. 18 of this Act, takes                                                         
effect, it takes effect on the day after the date the commissioner of                                                           
health and social services makes a certification to the revisor of                                                              
statutes under sec. 61(g) of this Act."                                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Kawasaki objected and withdrew the objection.  There                                                             
being no further objection, Amendment No. 1 was adopted.                                                                        
                                                                                                                                
Amendment No. 2 was offered by Representatives Pruitt and                                                                       
Reinbold:                                                                                                                       
                                                                                                                                
Page 24, line 8:                                                                                                                
    Delete "and"                                                                                                                
    Insert "[AND]"                                                                                                              
    Following "disclosure":                                                                                                     
         Insert ", and may not be shared with the federal                                                                   
    government"                                                                                                             
                                                                                                                                
Page 24, line 31:                                                                                                               
    Delete "federal, state,"                                                                                                    
    Insert "[FEDERAL,] state [,]"                                                                                               
                                                                                                                                
Page 26, line 5:                                                                                                                
    Delete "and"                                                                                                                
    Following "disclosure":                                                                                                     
         Insert ", and may not be shared with the federal government"                                                           
                                                                                                                                

2016-04-14                     House Journal                      Page 2338
Page 26, line 30:                                                                                                               
    Delete "federal, state,"                                                                                                    
    Insert "state"                                                                                                              
                                                                                                                                
Representative Pruitt moved and asked unanimous consent that                                                                    
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Kito objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 74(FIN) am H                                                                                                           
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                
Gattis, Herron, Hughes, Johnson, Kawasaki, Keller, Kreiss-Tomkins,                                                              
LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt,                                                             
Reinbold, Saddler, Seaton, Stutes, Talerico, Thompson, Tilton, Tuck,                                                            
Vazquez, Wilson, Wool                                                                                                           
                                                                                                                                
Nays:  Guttenberg, Josephson, Kito, Spohnholz, Tarr                                                                             
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
And so, Amendment No. 2 was adopted.                                                                                            
                                                                                                                                
Representative Millett moved and asked unanimous consent that HCS                                                               
CSSB 74(FIN) am H be considered engrossed, advanced to third                                                                    
reading, and placed on final passage.                                                                                           
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HCS CSSB 74(FIN) am H will advance to third reading on tomorrow's                                                               
calendar.