Legislature(2015 - 2016)

04/07/2016 06:41 PM House FIN


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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."                                                                                                    
                                                                                                                                
6:42:50 PM                                                                                                                    
                                                                                                                                
Vice-Chair Saddler MOVED to ADOPT the proposed committee                                                                        
substitute for CSSB 74, Work Draft (29-LS0692\T). There                                                                         
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
JANE PIERSON, STAFF, REPRESENTATIVE STEVE THOMPSON,                                                                             
reviewed the changes to the committee substitute from a                                                                         
prepared statement:                                                                                                             
                                                                                                                                
     Title  Changes:  (Pages  1-2, Lines  1-20)  Changes  to                                                                    
     conform with the changes in the bill                                                                                       
                                                                                                                                
     Sec.  1: (Pages  2-3, Lines  19-8) Adds  Telehealth for                                                                    
     registered audiologist assistants AS 08.11.080                                                                             
                                                                                                                                
     Sec. 2:  (Page 3,  Lines 13 -  28) Adds  Telehealth for                                                                    
     licensed  speech-language  pathologist  assistants.  AS                                                                    
     08.11.083                                                                                                                  
                                                                                                                                
     Sec.  3: (Pages  3-4, Lines  25-9) Adds  Telehealth for                                                                    
    licensed speech-language pathologist. AS 08.11.085                                                                          
                                                                                                                                
     Sec.  5:  (Page  5,  Line 19-21)  Requires  a  licensed                                                                    
     dentist  with  a  federal DEA  registration  number  to                                                                    
     register with the PDMP. AS 08.36.070(a).                                                                                   
                                                                                                                                
     Sec.  7:  (Pages  6,  Lines   27-29)  Requires  that  a                                                                    
     physician with  a federal DEA number  register with the                                                                    
     controlled substance database. AS 08.64.101                                                                                
                                                                                                                                
     Sec. 10: (Page 9, Lines  6-8) Requires that an Advanced                                                                    
     Nurse Practitioner  with a federal DEA  number register                                                                    
     with    the   controlled    substance   database.    AS                                                                    
     08.68.100(a)                                                                                                               
                                                                                                                                
     Sec.  11:  (Page  9,  Lines  14-16)  Requires  that  an                                                                    
     Optometrist  with a  federal DEA  number register  with                                                                    
    the controlled substance database. As 08.72.060(c)                                                                          
                                                                                                                                
     Sec.  12: (Page  10,  Line 19-21)  Requires a  licensed                                                                    
     pharmacist with a federal DEA  number register with the                                                                    
     controlled substance database. AS 08.80.030(b)                                                                             
                                                                                                                                
     Sec.  13:  (Page  10-11, Lines  22-5)  Adds  Telehealth                                                                    
     protections  for   licensed  physical   therapists  and                                                                    
     occupational therapists. AS 08.84.120.                                                                                     
                                                                                                                                
     Sec.  18: (Page  13, Line  15) Conforming  language re:                                                                    
     removal of seizure and forfeiture of property.                                                                             
                                                                                                                                
          (Page 13, Lines 20-24) Allows for full reasonable                                                                     
     attorney fees and costs in a fraudulent claim                                                                              
          (Page 13, Lines 28-29) Allows for Rule 82                                                                             
    attorney fees for cases that do not involve fraud.                                                                          
          (Page 14, Line 7) Limits liability to the section                                                                     
     rather than chapter                                                                                                        
          (Page 14, Lines 11-12) Adds protection to the                                                                         
     principal in  a fraud  case if  their agent  acted with                                                                    
     intent to deceive the principal.                                                                                           
          (Pages 17-18, Lines 30-3) Allows for full                                                                             
     reasonable  attorney fees  and  costs  in a  fraudulent                                                                    
     claim. Allows for Rule 82  attorney fees for cases that                                                                    
     do not involve fraud.                                                                                                      
                                                                                                                                
          (Page   19,   Lines   16,   22,   24)   Conforming                                                                    
     amendments.                                                                                                                
                                                                                                                                
     Sec.  21: (Page  22, Lines  1-4) Removes  references to                                                                    
     the  Department of  Commerce,  Community, and  Economic                                                                    
     Development. AS 17.30.200(a)                                                                                               
                                                                                                                                
     Sec.  22:  (Page 22-23,  Lines  31-2)  Adds that  if  a                                                                    
     person picking up  a prescription is not  the person to                                                                    
     whom  the drug  was  prescribed,  the pharmacist  shall                                                                    
     collect their name and date of birth. AS 17.30.200(b)                                                                      
                                                                                                                                
     Sec 23: (Page 23, Lines 17-21)  Adds that an agent of a                                                                    
     practitioner  who  has  access  to  the  PDMP  must  be                                                                    
     licensed or registered or licensed under AS 08.                                                                            
          (Page 23, Lines 23-27) Adds that an agent of a                                                                        
     pharmacist  that  has  access   to  the  PDMP  must  be                                                                    
     licensed or registered or licensed under AS 08.                                                                            
          (Page 23, Line 30) removes the word subpoena, so                                                                      
     that a search  warrant or court order  must be obtained                                                                    
     for law enforcement to access the PDMP.                                                                                    
          (Page 24, Lines 26-27) Allows a practitioner                                                                          
     employed by  the United  States Indian  Health Services                                                                    
     to access the database. AS 17.30.200(d)                                                                                    
                                                                                                                                
     Sec.   26:  (Page   25,  Lines   21  and   24)  Removes                                                                    
     pharmacists  from  having  to  check  the  PDMP  before                                                                    
     dispensing.                                                                                                                
          (Page   25,   Lines   21-25)   States   that   the                                                                    
     practitioner only,  not a pharmacist has  to review the                                                                    
     database before  prescribing or dispensing  schedule II                                                                    
    or III controlled substance, removing schedule IV.                                                                          
          (Page 26, Lines 4-7) adds to exceptions for                                                                           
     reviewing the database before dispensing:                                                                                  
          1.   48 hours immediately before, during, or                                                                          
     after surgery or a medical procedure.                                                                                      
          2.   In a hospice or nursing home that has an in-                                                                     
     house pharmacy                                                                                                             
          3.   A    non-refillable    prescription   of    a                                                                    
     controlled  substance in  a quantity  intended to  last                                                                    
     not more than three days. AS 17.30.200(h)                                                                                  
                                                                                                                                
     Sec. 27: (Pages  26-27, Lines 8-3) Sets  forth that the                                                                    
     Department   of  Commerce,   Community,  and   Economic                                                                    
     Development shall:                                                                                                         
          1.   Assist the pharmacist board and provide                                                                          
     necessary staff and equipment to implement the PDMP.                                                                       
             · Establish fees for registration with the                                                                         
               database with a pharmacist or practitioner                                                                       
               for operational costs equally among all                                                                          
               required to register.                                                                                            
             · Consult with the board to establish fees. AS                                                                     
               17.30.200                                                                                                        
             ·                                                                                                                  
     Sec. 28: (Page 27,  Line 5) deletes monetary recoveries                                                                    
     under  the Alaska  Medical Assistance  False Claim  and                                                                    
     Reporting Act.                                                                                                             
          (Page 27, Lines 4-18) States the Commissioner of                                                                      
     DOC shall  apply for  medical assistance  for prisoners                                                                    
     during  a  period  of   hospitalization  outside  of  a                                                                    
     correctional facility.  Allows DOC to  obtain necessary                                                                    
     information   to  determine   whether  a   prisoner  is                                                                    
     eligible   for   medical   assistance  and   that   the                                                                    
     information  obtained may  only  be used  to apply  for                                                                    
     assistance. AS 33.30.028                                                                                                   
                                                                                                                                
     Sec.  32:   (Page  28,   Lines  16-17)   adds  security                                                                    
     provisions    to     the    computerized    eligibility                                                                    
     verification system. AS 47.05.105                                                                                          
                                                                                                                                
     Sec.  36:  (Page  31)  Old  Section  AS  47.05.260  was                                                                    
    deleted having to do with seizures and forfeitures.                                                                         
          (Page 15, Lines 23-27) Adds subsection (15) to                                                                        
     the reporting  requirements the  amount of  state funds                                                                    
     saved as  the result of policy  authorizing 100 percent                                                                    
     federal funding  provide for America Indian  and Alaska                                                                    
     Native   individuals   eligible   for   Medicaid,   and                                                                    
     estimated   savings  if   the   department  had   fully                                                                    
     implemented the changes in policy. AS 47.05.250                                                                            
                                                                                                                                
     Sec.  38:  (Page  37,  Lines  2-4)  requests  that  the                                                                    
     Department  give continuing  cooperation  to the  grant                                                                    
     funded  community mental  health clinics  and drug  and                                                                    
     alcohol  treatment   centers  that   have  historically                                                                    
     provided care to recipients. AS 47.07.036                                                                                  
                                                                                                                                
     Sec. 39:  (Page 39,  Lines 5-6) Amends  the coordinated                                                                    
     care   project  to   include  (9)   innovative  payment                                                                    
     process,   including   bundled   payments   or   global                                                                    
     payments. AS 47.07.038                                                                                                     
          (Pages 40-41) Amends the Project Review Committee                                                                     
     membership.                                                                                                                
          (Page 41, Line 30) Amends third-party actuary                                                                         
     review of  demonstration projects from one  year to two                                                                    
     years.                                                                                                                     
                                                                                                                                
     Sec. 40:  Reports (Pages 41  -42, Lines 27-9)  30) Adds                                                                    
     an  additional  report  to require  the  Department  to                                                                    
     prepare, semi-annually  a report to the  legislature on                                                                    
     the Medicaid Management Information System.                                                                                
                                                                                                                                
     Sec. 43: (Page 42,  Lines 24-30) Amends 47.25.140 which                                                                    
     prohibits  the  ability  to receive  public  assistance                                                                    
     benefits while  in institutions, like nursing  homes or                                                                    
     correctional facilities.                                                                                                   
                                                                                                                                
     Sec.   46:  (Page   43,   Line   11)  Repeals   section                                                                    
     47.07.076(c),                                                                                                              
                                                                                                                                
     Sec.  47:  (Pages   44-45,  30-6)  Conforming  language                                                                    
     regarding attorney fee changes.                                                                                            
                                                                                                                                
     Sec. 50:  Feasibility studies removes section  to study                                                                    
     privatization of  the Alaska  Pioneer Homes  and select                                                                    
     facilities of the division of juvenile justice.                                                                            
                                                                                                                                
     Sec. 51:  (Pages 48-49, Lines 28-13)  Requires a report                                                                    
     from   medical   professionals  regarding   recommended                                                                    
     guidelines  for  prescribing   schedule  II  controlled                                                                    
     substances.                                                                                                                
                                                                                                                                
Co-Chair Thompson  communicated that the committee  would be                                                                    
given time  to digest  the changes, as  there were  many. He                                                                    
set the bill aside.                                                                                                             
                                                                                                                                
CSSB 74(FIN) am was HEARD  and HELD in committee for further                                                                    
consideration.                                                                                                                  
                                                                                                                                

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