Legislature(2017 - 2018)
2018-04-09 Senate Journal
Full Journal pdf2018-04-09 Senate Journal Page 2542 SB 198 SENATE BILL NO. 198 "An Act relating to a study of the effectiveness and cost of providing long-acting reversible contraception to women with substance abuse disorders" was read the third time. Senator Gardner moved the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Gardner offered Amendment No. 1 : Page 1, line 1, following "Act": Insert "relating to insurance coverage for prescription contraceptives; relating to medical assistance coverage for prescription contraceptives;" 2018-04-09 Senate Journal Page 2543 Page 1, line 2, following "disorders": Insert "; and providing for an effective date" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 21.42 is amended by adding a new section to read: Sec. 21.42.427. Coverage for contraceptives. A health care insurer that offers, issues for delivery, delivers, or renews in the state a health care insurance plan in the group or individual market shall provide coverage for or reimburse a health care provider or dispensing entity for dispensing prescription contraceptives intended to last for a 12-month period, regardless of whether the insured was enrolled in the health care insurance plan at the time the prescription contraceptive was first prescribed to the insured. In this section, "prescription contraceptive" means a hormonal, self-administered drug that requires a prescription and is approved by the United States Food and Drug Administration to prevent pregnancy. * Sec. 2. AS 39.30.090(a) is amended to read: (a) The Department of Administration may obtain a policy or policies of group insurance covering state employees, persons entitled to coverage under AS 14.25.168, 14.25.480, AS 22.25.090, AS 39.35.535, 39.35.880, or former AS 39.37.145, employees of other participating governmental units, or persons entitled to coverage under AS 23.15.136, subject to the following conditions: (1) a group insurance policy shall provide one or more of the following benefits: life insurance, accidental death and dismemberment insurance, weekly indemnity insurance, hospital expense insurance, surgical expense insurance, dental expense insurance, audiovisual insurance, or other medical care insurance; (2) each eligible employee of the state, the spouse and the unmarried children chiefly dependent on the eligible employee for support, and each eligible employee of another participating governmental unit shall be covered by the group policy, unless exempt under regulations adopted by the commissioner of administration; (3) a governmental unit may participate under a group policy if (A) its governing body adopts a resolution 2018-04-09 Senate Journal Page 2544 authorizing participation and payment of required premiums; (B) a certified copy of the resolution is filed with the Department of Administration; and (C) the commissioner of administration approves the participation in writing; (4) in procuring a policy of group health or group life insurance as provided under this section or excess loss insurance as provided in AS 39.30.091, the Department of Administration shall comply with the dual choice requirements of AS 21.86.310, and shall obtain the insurance policy from an insurer authorized to transact business in the state under AS 21.09, a hospital or medical service corporation authorized to transact business in this state under AS 21.87, or a health maintenance organization authorized to operate in this state under AS 21.86; an excess loss insurance policy may be obtained from a life or health insurer authorized to transact business in this state under AS 21.09 or from a hospital or medical service corporation authorized to transact business in this state under AS 21.87; (5) the Department of Administration shall make available bid specifications for desired insurance benefits or for administration of benefit claims and payments to (A) all insurance carriers authorized to transact business in this state under AS 21.09 and all hospital or medical service corporations authorized to transact business under AS 21.87 who are qualified to provide the desired benefits; and (B) insurance carriers authorized to transact business in this state under AS 21.09, hospital or medical service corporations authorized to transact business under AS 21.87, and third-party administrators licensed to transact business in this state and qualified to provide administrative services; the specifications shall be made available at least once every five years; the lowest responsible bid submitted by an insurance carrier, hospital or medical service corporation, or third-party administrator with adequate servicing facilities shall govern selection of a carrier, hospital or medical service corporation, or third-party administrator under this section or the selection of an insurance carrier or a hospital or medical service corporation to provide excess loss insurance as provided in AS 39.30.091; (6) if the aggregate of dividends payable under the group insurance policy exceeds the governmental unit's share of the 2018-04-09 Senate Journal Page 2545 premium, the excess shall be applied by the governmental unit for the sole benefit of the employees; (7) a person receiving benefits under AS 14.25.110, AS 22.25, AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in effect under this section at the time of termination of employment with the state or participating governmental unit; (8) a person electing to have insurance under (7) of this subsection shall pay the cost of this insurance; (9) for each permanent part-time employee electing coverage under this section, the state shall contribute one-half the state contribution rate for permanent full-time state employees, and the permanent part-time employee shall contribute the other one-half; (10) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, or former AS 39.37 may obtain auditory, visual, and dental insurance for that person and eligible dependents under this section; the level of coverage for persons over 65 shall be the same as that available before reaching age 65 except that the benefits payable shall be supplemental to any benefits provided under the federal old age, survivors, and disability insurance program; a person electing to have insurance under this paragraph shall pay the cost of the insurance; the commissioner of administration shall adopt regulations implementing this paragraph; (11) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, or former AS 39.37 may obtain long-term care insurance for that person and eligible dependents under this section; a person who elects insurance under this paragraph shall pay the cost of the insurance premium; the commissioner of administration shall adopt regulations to implement this paragraph; (12) each licensee holding a current operating agreement for a vending facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy that applies to governmental units other than the state; (13) a group health insurance policy shall provide coverage for or reimburse a health care provider or dispensing entity for dispensing prescription contraceptives intended to last for a 12-month period, regardless of whether 2018-04-09 Senate Journal Page 2546 the insured was enrolled in the health care insurance plan at the time the prescription contraceptive was first prescribed to the insured. * Sec. 3. AS 39.30.091 is amended by adding a new subsection to read: (b) A group health insurance policy provided under this section shall provide coverage for or reimburse a health care provider or dispensing entity for dispensing prescription contraceptives intended to last for a 12-month period, regardless of whether the insured was enrolled in the health care insurance plan at the time the prescription contraceptive was first prescribed to the insured. * Sec. 4. AS 47.07.065 is amended by adding new subsections to read: (b) The department shall pay for prescription contraceptives intended to last for a 12-month period if prescribed or dispensed to a recipient, regardless of whether the recipient was receiving medical assistance at the time the prescription contraceptive was first prescribed to the recipient. (c) Nothing in this section requires itemized reimbursement when a service is reimbursable as part of a bundled or composite rate. (d) In this section, "prescription contraceptive" means a hormonal, self-administered drug that requires a prescription and is approved by the United States Food and Drug Administration to prevent pregnancy." Page 1, line 4: Delete "Section 1" Insert "Sec. 5" Renumber the following bill section accordingly. Page 3, line 8: Delete "Section 1" Insert "Section 5" Page 3, following line 8: Insert new bill sections to read: "* Sec. 7. The uncodified law of the State of Alaska is amended by 2018-04-09 Senate Journal Page 2547 adding a new section to read: MEDICAID STATE PLAN INSTRUCTIONS; NOTICE TO REVISOR OF STATUTES. The Department of Health and Social Services shall immediately amend and submit for federal approval a state plan for medical assistance coverage consistent with AS 47.07.065(b) - (d), added by sec. 4 of this Act. The Department of Health and Social Services shall apply to the United States Department of Health and Human Services for any waivers necessary to implement AS 47.07.065(b) - (d), added by sec. 4 of this Act. The commissioner of health and social services shall notify the revisor of statutes in writing if the United States Department of Health and Human Services approves the provisions of AS 47.07.065(b) - (d), added by sec. 4 of this Act. * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to read: CONDITIONAL EFFECT. AS 47.07.065(b) - (d), added by sec. 4 of this Act, take effect only if the commissioner of health and social services notifies the revisor of statutes in writing under sec. 7 of this Act, on or before January 1, 2019, that the provisions of AS 47.07.065(b) - (d), added by sec. 4 of this Act, have been approved by the United States Department of Health and Human Services. * Sec. 9. If AS 47.07.065(b) - (d), added by sec. 4 of this Act, take effect, they take effect on the day after the date the commissioner of health and social services makes a certification to the revisor of statutes under secs. 7 and 8 of this Act. * Sec. 10. Except as provided in sec. 9 of this Act, sections 1 - 4 and 8 of this Act take effect January 1, 2019." Senator Gardner moved for the adoption of Amendment No. 1. Senator Micciche objected. Senator Gardner moved and asked unanimous consent to withdraw Amendment No. 1. Without objection, Amendment No. 1 was withdrawn. SENATE BILL NO. 198 "An Act relating to a study of the effectiveness and cost of providing long-acting reversible contraception to women with substance abuse disorders" was automatically in third reading. 2018-04-09 Senate Journal Page 2548 Senators Micciche, von Imhof moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE BILL NO. 198 "An Act relating to a study of the effectiveness and cost of providing long-acting reversible contraception to women with substance abuse disorders" pass the Senate?" The roll was taken with the following result: SB 198 Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Begich, Bishop, Coghill, Costello, Egan, Gardner, Giessel, Hoffman, Hughes, Kelly, MacKinnon, Meyer, Micciche, Olson, Shower, Stedman, Stevens, von Imhof, Wilson Nays: Wielechowski and so, SENATE BILL NO. 198 passed the Senate and was referred to the Secretary for engrossment.