Legislature(2017 - 2018)

2018-05-12 House Journal

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2018-05-12                     House Journal                      Page 3725
SB 105                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                

2018-05-12                     House Journal                      Page 3726
     CS FOR SENATE BILL NO. 105(FIN)                                                                                            
     "An Act relating to the licensure of marital and family therapists;                                                        
     relating to medical assistance for marital and family therapy                                                              
     services; and providing for an effective date."                                                                            
                                                                                                                                
with the:                                                     Journal Page                                                      
                                                                                                                                
 FIN RPT HCS(FIN) 5DP 1DNP 1NR 4AM 3406                                                                                         
 FN3: (CED) 3407                                                                                                                
 FN4: (DHS) 3407                                                                                                                
                                                                                                                                
Representative Tuck 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. 105(FIN)                                                                               
     (same title)                                                                                                               
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representatives Spohnholz, Grenn,                                                                
Josephson, Gara, Kawasaki, Zulkosky, Sullivan-Leonard, Claman,                                                                  
Tarr, Wool, Parish, Tuck, and Drummond:                                                                                         
                                                                                                                                
Page 1, line 2, following "services;" (title amendment):                                                                      
         Insert "relating to disclosure of health care services and                                                           
price information; relating to health care insurers;"                                                                         
                                                                                                                                
Page 3, following line 13:                                                                                                      
         Insert new bill sections to read:                                                                                      
"* Sec. 3. AS 18.15.360(a) is amended to read:                                                                                
                  (a)  The department is authorized to collect, analyze,                                                        
         and maintain databases of information related to                                                                       
                           (1)  risk factors identified for conditions of                                                       
         public health importance;                                                                                              
                           (2)  morbidity and mortality rates for                                                               
         conditions of public health importance;                                                                                
                           (3)  community indicators relevant to                                                                
         conditions of public health importance;                                                                                
                           (4)  longitudinal data on traumatic or                                                               
         acquired brain injury from the registry established under                                                              

2018-05-12                     House Journal                      Page 3727
         AS 47.80.500(c)(1); [AND]                                                                                              
                           (5)  health care services and price                                                              
         information collected under AS 18.23.400; and                                                                      
                           (6)  any other data needed to accomplish or                                                      
         further the mission or goals of public health or provide                                                               
         essential public health services and functions.                                                                        
   * Sec. 4. AS 18.23 is amended by adding a new section to read:                                                             
  Article 4. Health Care Services and Price Information.                                                                      
                  Sec. 18.23.400. Disclosure and reporting of health                                                          
         care services, price, and fee information. (a) A health care                                                         
         provider shall annually compile a list, including a brief                                                              
         description in plain language that an individual with no                                                               
         medical training can understand, of the 10 health care services                                                        
         most commonly performed by the health care provider in the                                                             
         state in the previous calendar year from each of the six                                                               
         sections of Category I, Current Procedural Terminology,                                                                
         adopted by the American Medical Association and, for each                                                              
         of those services, state                                                                                               
                           (1)  the procedure code;                                                                             
                           (2)  the undiscounted price; and                                                                     
                          (3)  any facility fees.                                                                              
                  (b)  A health care facility in the state shall annually                                                       
         compile a list, including a brief description in plain language                                                        
         that an individual with no medical training can understand, of                                                         
         the 10 health care services most commonly performed at the                                                             
         health care facility in the previous calendar year from each of                                                        
         the six sections of Category I, Current Procedural                                                                     
         Terminology, adopted by the American Medical Association                                                               
         and, for each of those services, state                                                                                 
                           (1)  the procedure code;                                                                             
                           (2)  the undiscounted price; and                                                                     
                          (3)  any facility fees.                                                                              
                  (c)  If, in the annual reporting period under this                                                            
         section, fewer than the number of health care services                                                                 
         described under (a) or (b) of this section are performed by a                                                          
         health care provider or at a health care facility in the state, the                                                    
         provider or facility shall include in the list required under this                                                     
         section all of the health care services performed by the                                                               
         provider or at the facility from each of the six sections                                                              
         described under (a) or (b) of this section.                                                                            

2018-05-12                     House Journal                      Page 3728
                  (d)  A health care provider who provides health care                                                          
         services at a health care facility in a group practice is not                                                          
         required to compile and publish a list under (a) and (e) of this                                                       
         section if                                                                                                             
                           (1)  the health care facility where the                                                              
         provider is in a group practice compiles and publishes a list in                                                       
         compliance with (b) and (e) of this section; and                                                                       
                           (2)  the prices and fees that the provider                                                           
         charges are reflected in the list compiled and published by the                                                        
         health care facility.                                                                                                  
                  (e)  A health care provider and health care facility                                                          
         shall publish the lists compiled under (a) and (b) of this                                                             
         section by January 31 each year                                                                                        
                           (1)  by providing the list to the department                                                         
         for entry in the department's database under AS 18.15.360                                                              
         along with the name and location of the health care provider                                                           
         or health care facility;                                                                                               
                           (2)  by posting a copy of the list                                                                   
                                     (A)  in a font not smaller than 20                                                         
                  points;                                                                                                       
                                     (B)  in a conspicuous public                                                               
                  reception area at the health care provider's office or                                                        
                  health care facility where the services are performed;                                                        
                                     (C)  that includes the address for the                                                     
                  department's Internet website;                                                                                
                                     (D)  that may include a statement                                                          
                  explaining that the undiscounted price may be higher                                                          
                  or lower than the amount an individual actually pays                                                          
                  for the health care services described in the list;                                                           
                                     (E)  that includes a statement                                                             
                  substantially similar to the following: "You will be                                                          
                  provided with an estimate of the anticipated charges                                                          
                  for your nonemergency care upon request. Please do                                                            
                  not hesitate to ask for information."; and                                                                    
                                     (F)  that lists any health care                                                            
                  insurers with which the health care provider or health                                                        
                  care facility has a contract to provide health care                                                           
                  services as an in-network preferred provider; and                                                             
                           (3)  if the health care provider or health care                                                      
         facility has an Internet website, by posting the list on the                                                           

2018-05-12                     House Journal                      Page 3729
         website.                                                                                                               
                  (f)  The department shall annually compile the lists                                                          
         provided under (a) and (b) of this section by health care                                                              
         service and, where relevant, health care provider and health                                                           
         care facility name and location, post the information on the                                                           
         department's Internet website, and enter the information in the                                                        
         database maintained under AS 18.15.360.                                                                                
                  (g)  If a patient who is receiving nonemergency                                                               
         health care services requests an estimate from a health care                                                           
         provider, health care facility, or health care insurer of the                                                          
         reasonably anticipated charges for treating the patient's                                                              
         specific condition, the health care provider, health care                                                              
         facility, or health care insurer                                                                                       
                           (1)  shall provide a good faith estimate                                                             
         before the nonemergency health care services are provided                                                              
         and not later than 10 business days after receiving the request;                                                       
                           (2)  shall provide the estimate in whichever                                                         
         of the following formats the patient requests: orally, in                                                              
         writing, or by electronic means; if the estimate is provided                                                           
         orally, the health care provider, health care facility, or health                                                      
         care insurer shall keep a record of the estimate;                                                                      
                           (3)  is not required to disclose the charges for                                                     
         the total anticipated course of treatment for the 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 charges for a                                                               
         portion of the total anticipated course of treatment; and                                                             
                           (4)  may provide an estimate that includes a                                                         
         reasonable range of charges for anticipated health care                                                                
         services if the charges for the services will vary significantly                                                       
         in response to conditions that the health care provider, health                                                        
         care facility, or health care insurer cannot reasonably assess                                                         
         before the services are provided.                                                                                      
                  (h)  A good faith estimate provided by a health care                                                          
         provider or health care facility under (g) of this section must                                                        
         include                                                                                                                
                           (1)  a brief description in plain language that                                                      
         an individual with no medical training can understand of the                                                           
         health care services, products, procedures, and supplies that                                                          
         are included in the estimate;                                                                                          

2018-05-12                     House Journal                      Page 3730
                           (2)  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.";                                                                                                    
                           (3)  the procedure code for each health care                                                         
         service included in the estimate;                                                                                      
                           (4)  any facility fees, along with an                                                                
         explanation of the facility fees; and                                                                                  
                           (5)  the identity, or suspected identity, of any                                                     
         other person that may charge the patient for a service,                                                                
         product, procedure, or supply in connection with the health                                                            
         care services included in the estimate, along with an                                                                  
         explanation of whether the charges are included in the                                                                 
         estimate.                                                                                                              
                  (i)  A health care provider or health care facility that                                                      
         provides a good faith estimate to a patient under (g) and (h) of                                                       
         this section or a health care insurer that provides a good faith                                                       
         estimate to a patient under (g) of this section is not liable for                                                      
         damages or other relief if the estimate differs from the amount                                                        
         actually charged to the patient.                                                                                       
                  (j)  The requirement for a health care facility to                                                            
         provide a good faith estimate of reasonably anticipated                                                                
         charges for nonemergency health care services under                                                                    
         (e)(2)(E), (g), and (h) of this section does not apply to a health                                                     
         care facility that is an emergency department.                                                                         
                  (k)  A health care provider or a health care facility                                                         
         that fails to comply with the requirements of (a) - (e), (g), or                                                       

2018-05-12                     House Journal                      Page 3731
         (h) of this section or a health care insurer that fails to comply                                                      
         with the requirements of (g) of this section is liable for a civil                                                     
         penalty not to exceed $10,000 for each violation. The                                                                  
         department may impose a penalty,                                                                                       
                           (1)  for failure to comply with (a) - (e) of this                                                    
         section, of not more than $100 for each day of noncompliance                                                           
         after March 31; or                                                                                                     
                           (2)  for failure to provide a good faith                                                             
         estimate under (g) or (h) of this section, of not more than $100                                                       
         for each day of noncompliance.                                                                                         
                  (l)  A health care provider, health care facility, or                                                         
         health care insurer penalized under (k) of this section is                                                             
         entitled to a hearing conducted by the office of administrative                                                        
         hearings under AS 44.64.                                                                                               
                  (m)  A municipality may not enact or enforce an                                                               
         ordinance that is inconsistent with or imposes health care                                                             
         price or fee disclosure requirements in addition to the                                                                
         requirements under this section or regulations adopted under                                                           
         this section.                                                                                                          
                  (n)  In this section,                                                                                         
                           (1)  "department" means the Department of                                                            
         Health and Social Services;                                                                                            
                           (2)  "facility fee" means a charge or fee                                                            
         billed by a health care provider or health care facility that is in                                                    
         addition to fees billed for a health care provider's professional                                                      
         services and is intended to cover building, electronic medical                                                         
         records system, billing, and other administrative and                                                                  
         operational expenses;                                                                                                  
                           (3)  "health care facility" means a private,                                                         
         municipal, or state hospital, psychiatric hospital, emergency                                                          
         department, independent diagnostic testing facility, residential                                                       
         psychiatric treatment center as defined in AS 47.32.900,                                                               
         kidney disease treatment center (including freestanding                                                                
         hemodialysis units), the offices of private physicians or                                                              
         dentists whether in individual or group practice, ambulatory                                                           
         surgical center as defined in AS 47.32.900, free-standing birth                                                        
         center as defined in AS 47.32.900, and rural health clinic as                                                          
         defined in AS 47.32.900; "health care facility" does not                                                               
         include                                                                                                                
                                     (A)  the Alaska Pioneers' Home and                                                         

2018-05-12                     House Journal                      Page 3732
                  the Alaska Veterans' Home administered by the                                                                 
                  department under AS 47.55;                                                                                    
                                     (B)  an assisted living home as                                                            
                  defined in AS 47.33.990;                                                                                      
                                     (C)  a nursing facility licensed by                                                        
                  the department to provide long-term care;                                                                     
                                     (D)  a facility operated by an Alaska                                                      
                  tribal health organization; and                                                                               
                                     (E)  a hospital operated by the                                                            
                  United States Department of Veterans Affairs or the                                                           
                  United States Department of Defense, or any other                                                             
                  federally operated hospital or institution;                                                                   
                           (4)  "health care insurer" has the meaning                                                           
         given in AS 21.54.500;                                                                                                 
                           (5)  "health care provider" means an                                                                 
         individual licensed, certified, or otherwise authorized or                                                             
         permitted by law to provide health care services in the                                                                
         ordinary course of business or practice of a profession;                                                              
                           (6)  "health care service" means a service or                                                        
         procedure provided in person or remotely by telemedicine or                                                            
         other means by a health care provider or at a health care                                                              
         facility for the purpose of or incidental to the care, prevention,                                                     
          or treatment of a physical or mental illness or injury;                                                              
                           (7)  "nonemergency health care service"                                                              
         means a health care service other than a health care service                                                           
         that is immediately necessary to prevent the death or serious                                                          
         impairment of the health of the patient;                                                                               
                           (8)  "patient" means an individual to whom                                                           
         health care services are provided in the state by a health care                                                        
         provider or at a health care facility;                                                                                 
                           (9)  "third party" means a public or private                                                         
         entity, association, or organization that provides, by contract,                                                       
         agreement, or other arrangement, insurance, payment, price                                                             
         discount, or other benefit for all or a portion of the cost of                                                         
         health care services provided to a recipient; "third party" does                                                       
         not include a member of the recipient's immediate family;                                                              
                           (10)  "undiscounted price" means an amount                                                           
         billed for a service rendered without complications or                                                                 
         exceptional circumstances; "undiscounted price" does not                                                               
         include a negotiated discount for an in-network or out-of-                                                             

2018-05-12                     House Journal                      Page 3733
         network service rendered or the cost paid by a third party for                                                         
         that service.                                                                                                          
   * Sec. 5. AS 21.96 is amended by adding a new section to read:                                                             
                  Sec. 21.96.200. Good faith estimate. Upon request                                                           
         of a covered person who is receiving nonemergency health                                                               
         care services, a health care insurer shall provide a good faith                                                        
         estimate of the amount of the reasonably anticipated charges                                                           
         for treating the patient's specific condition under                                                                    
         AS 18.23.400(g)."                                                                                                      
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 4, line 13:                                                                                                                
         Delete "sec. 3"                                                                                                        
         Insert "sec. 6"                                                                                                        
                                                                                                                                
Page 4, line 19:                                                                                                                
         Delete "Section 4"                                                                                                     
         Insert "Section 7"                                                                                                     
                                                                                                                                
Page 4, line 20:                                                                                                                
         Delete "sec. 6"                                                                                                        
         Insert "sec. 9"                                                                                                        
                                                                                                                                
Representative Spohnholz moved and asked unanimous consent that                                                                 
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HCS CSSB 105(FIN)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  31   NAYS:  8   EXCUSED:  0   ABSENT:  1                                                                               
Yeas:  Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn,                                                                    
Guttenberg, Johnston, Josephson, Kawasaki, Kito, Kopp,                                                                          
Kreiss-Tomkins, LeDoux, Lincoln, Millett, Ortiz, Parish, Pruitt,                                                                
Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr,                                                           
Thompson, Tuck, Wool, Zulkosky                                                                                                  
                                                                                                                                

2018-05-12                     House Journal                      Page 3734
Nays:  Eastman, Johnson, Knopp, Neuman, Rauscher, Reinbold,                                                                     
Tilton, Wilson                                                                                                                  
                                                                                                                                
Absent:  Chenault                                                                                                               
                                                                                                                                
And so, Amendment No. 1 was adopted, and the new title follows:                                                                 
                                                                                                                                
             HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) am H                                                                 
     "An Act relating to the licensure of marital and family therapists;                                                        
     relating to medical assistance for marital and family therapy                                                              
     services; relating to disclosure of health care services and price                                                         
     information; relating to health care insurers; and providing for an                                                        
     effective date."                                                                                                           
                                                                                                                                
Amendment No. 2 was offered  by Representatives Tarr, Spohnholz,                                                                 
Kawasaki, Gara, Parish, Lincoln, Drummond, Seaton, Josephson,                                                                   
Ortiz, Stutes, and Millett:                                                                                                     
                                                                                                                                
Page 1, line 1, following "therapists;" (title amendment):                                                                    
     Insert "providing for a state policy relating to children;"                                                              
                                                                                                                                
Page 3, following line 13:                                                                                                      
     Insert a new bill section to read:                                                                                         
"* Sec. 3. AS 47.05.060 is amended to read:                                                                                   
         Sec. 47.05.060. Purpose and policy relating to children.                                                             
     The purpose of this title as it relates to children is to secure for                                                       
     each child the care and guidance, preferably in the child's own                                                            
     home, that will serve the moral, emotional, mental, and physical                                                           
     welfare of the child and the best interests of the community; to                                                           
     preserve and strengthen the child's family ties unless efforts to                                                          
     preserve and strengthen the ties are likely to result in physical or                                                       
     emotional damage to the child, removing the child from the                                                                 
     custody of the parents only as a last resort when the child's welfare                                                      
     or safety or the protection of the public cannot be adequately                                                             
     safeguarded without removal; and, when the child is removed                                                                
     from the family, to secure for the child adequate custody and care                                                         
     and adequate planning for permanent placement of the child. It is                                                      
     the policy of the state to acknowledge and take into account                                                           
     the principles of early childhood and youth brain development                                                          
     and, whenever possible, consider the concepts of early                                                                 
     adversity, toxic stress, childhood trauma, and the promotion                                                           

2018-05-12                     House Journal                      Page 3735
     of resilience through protective relationships, supports, self-                                                        
     regulation, and services."                                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 4, line 13:                                                                                                                
     Delete "sec. 3"                                                                                                            
     Insert "sec. 4"                                                                                                            
                                                                                                                                
Page 4, line 19:                                                                                                                
     Delete "Section 4"                                                                                                         
     Insert "Section 5"                                                                                                         
                                                                                                                                
Page 4, line 20:                                                                                                                
     Delete "sec. 6"                                                                                                            
     Insert "sec. 7"                                                                                                            
                                                                                                                                
Representative Tarr moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Wilson objected and withdrew the objection.  There                                                               
being no further objection, Amendment No. 2 was adopted, and the                                                                
new title follows:                                                                                                              
                                                                                                                                
             HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) am H                                                                 
     "An Act relating to the licensure of marital and family therapists;                                                        
     providing for a state policy relating to children; relating to medical                                                     
     assistance for marital and family therapy services; relating to                                                            
     disclosure of health care services and price information; relating to                                                      
     health care insurers; and providing for an effective date."                                                                
                                                                                                                                
Representative Tuck moved and asked unanimous consent that HCS                                                                  
CSSB 105(FIN) am H be considered engrossed, advanced to third                                                                   
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
HCS CSSB 105(FIN) am H was read the third time.                                                                                 
                                                                                                                                
The question being:  "Shall HCS CSSB 105(FIN) am H pass the                                                                     
House?"  The roll was taken with the following result:                                                                          
                                                                                                                                

2018-05-12                     House Journal                      Page 3736
HCS CSSB 105(FIN) am H                                                                                                          
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  29   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Claman, Drummond, Edgmon, Foster, Gara, Grenn,                                                                    
Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Kopp,                                                                 
Kreiss-Tomkins, Lincoln, Millett, Ortiz, Parish, Saddler, Seaton,                                                               
Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Tuck, Wool,                                                                
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Chenault, Eastman, Knopp, LeDoux, Neuman, Pruitt,                                                                        
Rauscher, Reinbold, Thompson, Tilton, Wilson                                                                                    
                                                                                                                                
And so, HCS CSSB 105(FIN) am H 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.                                                            
                                                                                                                                
HCS CSSB 105(FIN) am H was referred to the Chief Clerk for                                                                      
engrossment.