Legislature(2017 - 2018)
2017-04-07 House Journal
Full Journal pdf2017-04-07 House Journal Page 0905 HB 123 The following, which was advanced to third reading from the April 5 calendar (page 858), was read the third time: CS FOR HOUSE BILL NO. 123(HSS) "An Act relating to disclosure of health care services and price information; and providing for an effective date." Representative Reinbold moved and asked unanimous consent that HB 123 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Reinbold: Page 1, line 1 (title amendment): Delete "services and" 2017-04-07 House Journal Page 0906 Page 1, line 4, through page 3, line 15: Delete all material and insert: "* Section 1. AS 18.23 is amended by adding a new section to read: Article 4. Health Care Price Information. Sec. 18.23.400. Disclosure of health care price information. (a) Upon written request by a patient or prospective patient, a health care provider shall provide the patient or prospective patient with an estimate of reasonably anticipated charges for treating the patient's or prospective patient's specific condition. The health care provider shall provide the estimate in writing or by electronic means before providing nonemergency health care services and not later than 10 business days after receiving the request. The health care provider is not required to disclose the charges for the total anticipated course of treatment for the patient or prospective patient, but if the estimate does not include charges for the total anticipated course of treatment, the estimate must include a statement explaining that the estimate only includes costs for a portion of the total anticipated course of treatment. If the charge for a health care service varies significantly in response to conditions that the health care provider cannot reasonably assess before providing the service, the estimate may include a reasonable range of charges for the service. (b) Upon written request by a patient or prospective patient, a health care facility shall provide the patient or prospective patient with an estimate of reasonably anticipated charges for treating the patient's or prospective patient's specific condition. The health care facility shall provide the estimate in writing or by electronic means before providing nonemergency health care services and not later than 10 business days after receiving the request. The health care facility is not required to disclose the charges for the total anticipated course of treatment for the patient or prospective patient, but if the estimate does not include charges for the total anticipated course of treatment, the estimate must include a statement explaining that the estimate only includes costs for a portion of the total anticipated course of treatment. If the charge for a health care service varies significantly in response to conditions that the health care facility cannot reasonably assess before providing the service, the estimate may include a reasonable range of charges for the service. (c) An estimate required under (a) or (b) of this section must 2017-04-07 House Journal Page 0907 include, for the patient's or prospective patient's specific condition, the following information: (1) a brief description, in plain language that an individual with no medical training can understand, of all health care services, procedures, products, and supplies for which the health care provider or health care facility is likely to charge for treatment; (2) the standardized billing code for each health care service, procedure, product, and supply described under (1) of this subsection; (3) any facility fee or other additional fee, along with a brief statement, in plain language that an individual with no medical training can understand, describing the fee; (4) for each charge included in the estimate, (A) the amount the health care provider or health care facility charges a patient or prospective patient with no health care insurance, along with a statement explaining that the charges disclosed do not account for any insurance benefits to which the patient or prospective patient may be entitled and explaining that the amount the patient or prospective patient pays may vary by insurer; (B) the amount the health care provider or health care facility anticipates charging the patient or prospective patient who requests the estimate, taking into account any insurance policy held by the patient or prospective patient and any status of the patient or prospective patient that may affect the charge; in this paragraph, "status" includes a person's status as an Alaska Native, American Indian, or veteran or indigent status; (5) the identity, or suspected identity, of any other person, entity, health care provider, or health care facility that may charge the patient or prospective patient in connection with any health care service, procedure, product, or supply included in the estimate; the estimate must also state whether the amount of any charges described under this paragraph are included in the estimate or would be charged in addition to the total amount of the estimate; (6) a notification that the patient or prospective patient may contact the patient's or prospective patient's insurer for additional information regarding cost-sharing responsibilities; and 2017-04-07 House Journal Page 0908 (7) a notice disclosing the health care provider's or health care facility's in-network or out-of-network status that is substantially similar to one of the following forms: (A) "(Name of health care provider or health care facility) is a contracted, in-network, preferred provider for ONLY the following plan networks: (list each network or state 'NONE. YOU MAY INCUR OUT-OF-NETWORK CHARGES.')"; (B) "(Name of health care provider or health care facility) is a contracted, in-network, preferred provider for your insurance plan."; or (C) "(Name of health care provider or health care facility) is NOT a contracted, in-network, preferred provider for your insurance plan. YOU MAY INCUR OUT-OF- NETWORK CHARGES." (d) A health care provider and a health care facility shall post a sign in a conspicuous public reception area at the office of the health care provider or at the health care facility where the services are performed that contains at least the following language: "You will be provided with an estimate of the anticipated charges for your care upon request. Please do not hesitate to ask for information. AS 18.23.400. (e) A health care provider or health care facility that fails to comply with the requirements under this section is liable for a civil penalty. The department may impose a civil penalty of not more than $100 for each day after the time allowed to provide an estimate under (a) or (b) of this section that a health care provider or a health care facility fails to provide an estimate in compliance with the requirements under (a) - (c) of this section. The total penalty may not exceed $1,000. The department may impose a civil penalty of not more than $100 for each day that a health care provider or health care facility fails to post a sign as required under (d) of this section. The total penalty may not exceed $1,000. A person penalized under this subsection is entitled to a hearing conducted by the office of administrative hearings under AS 44.64." Renumber the following bill section accordingly. 2017-04-07 House Journal Page 0909 Page 3, line 16: Delete "(h)" Insert "(f)" Page 3, line 18, through page 4, line 3: Delete all material and insert: "(2) "health care facility" means a private, municipal, state, or federal hospital, psychiatric hospital, independent diagnostic testing facility, primary care outpatient facility, residential psychiatric treatment center as defined in AS 47.32.900, tuberculosis hospital, skilled nursing facility, kidney disease treatment center (including freestanding hemodialysis units), an intermediate care facility, a private, municipal, or state facility employing one or more public health nurses, a long-term care facility, an ambulatory surgical center as defined in AS 47.32.900, and the office of a private physician or dentist in group or individual practice; "health care facility" does not include the Alaska Pioneers' Home and the Alaska Veterans' Home administered by the department under AS 47.55." Page 4, lines 11 - 21: Delete all material and insert: "(5) "nonemergency health care service" means a health care service that is not provided in response to the perceived need for immediate health care to prevent loss of life or aggravation of physiological or psychological illness or injury; (6) "standardized billing code" includes an international classification of diseases code, a current procedural terminology code published by the American Medical Association, a current dental terminology code published by the American Dental Association, or a code used in the Healthcare Common Procedure Coding System." Representative Reinbold moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Spohnholz objected and rose to a point of order. The Speaker cautioned the member to confine remarks to the amendment. 2017-04-07 House Journal Page 0910 Representative Wilson placed a call of the House. Representative Guttenberg rose to a point of order. The Speaker cautioned the member to confine remarks to the amendment. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 123(HSS) Second Reading Amendment No. 1 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Chenault, Eastman, Johnson, Johnston, Knopp, Millett, Rauscher, Reinbold, Sullivan-Leonard, Talerico, Thompson, Tilton, Wilson Nays: Birch, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Neuman, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool And so, Amendment No. 1 was not adopted. CSHB 123(HSS) was automatically in third reading. The question being: "Shall CSHB 123(HSS) pass the House?" The roll was taken with the following result: CSHB 123(HSS) Third Reading Final Passage YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tuck, Westlake, Wool 2017-04-07 House Journal Page 0911 Nays: Eastman, Johnson, Rauscher, Reinbold, Tilton, Wilson And so, CSHB 123(HSS) passed the House. Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 123(HSS) was referred to the Chief Clerk for engrossment.