00 SENATE BILL NO. 172 01 "An Act establishing the Alaska Health Care Commission in the Department of Health 02 and Social Services; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.05.010(b) is amended to read: 05 (b) In performing its duties under this chapter, AS 18.09, and AS 18.15.355 - 06 18.15.395, the department may 07 (1) flexibly use the broad range of powers set out in this title assigned 08 to the department to protect and promote the public health; 09 (2) provide public health information programs or messages to the 10 public that promote healthy behaviors or lifestyles or educate individuals about health 11 issues; 12 (3) promote efforts among public and private sector partners to 13 develop and finance programs or initiatives that identify and ameliorate health 14 problems; 01 (4) establish, finance, provide, or endorse performance management 02 standards for the public health system; 03 (5) develop, adopt, and implement 04 (A) a statewide health plan under AS 18.09 based on 05 recommendations of the Alaska Health Care Commission established in 06 AS 18.09.010; and 07 (B) public health plans and formal policies through regulations 08 adopted under AS 44.62 or collaborative recommendations that guide or 09 support individual and community public health efforts; 10 (6) establish formal or informal relationships with public or private 11 sector partners within the public health system; 12 (7) identify, assess, prevent, and ameliorate conditions of public health 13 importance through surveillance; epidemiological tracking, program evaluation, and 14 monitoring; testing and screening programs; treatment; administrative inspections; or 15 other techniques; 16 (8) promote the availability and accessibility of quality health care 17 services through health care facilities or providers; 18 (9) promote availability of and access to preventive and primary health 19 care when not otherwise available through the private sector, including acute and 20 episodic care, prenatal and postpartum care, child health, family planning, school 21 health, chronic disease prevention, child and adult immunization, testing and screening 22 services, dental health, nutrition, and health education and promotion services; 23 (10) systematically and regularly review the public health system and 24 recommend modifications in its structure or other features to improve public health 25 outcomes; and 26 (11) collaborate with public and private sector partners, including 27 municipalities, Alaska Native organizations, health care providers, and health insurers, 28 within the public health system to achieve the mission of public health. 29 * Sec. 2. AS 18 is amended by adding a new chapter to read: 30 Chapter 09. Statewide Health Care. 31 Article 1. Alaska Health Care Commission. 01 Sec. 18.09.010. Alaska Health Care Commission. The Alaska Health Care 02 Commission is established in the Department of Health and Social Services. The 03 purpose of the commission is to provide recommendations for and foster the 04 development of a statewide plan to address the quality, accessibility, and availability 05 of health care for all citizens of the state. 06 Sec. 18.09.020. Composition; chair. The commission consists of 10 members 07 as follows: 08 (1) seven voting members appointed by the governor as follows: 09 (A) the state officer assigned the duties of medical director for 10 the department, who shall serve as chair; 11 (B) one member representing the tribal health community in 12 the state; 13 (C) one member representing a statewide chamber of 14 commerce who is not associated with health care; 15 (D) one member representing the Alaska State Hospital and 16 Nursing Home Association; 17 (E) one member who is a health care provider 18 (i) actively practicing the provider's profession in the 19 state; 20 (ii) licensed to practice in the state; and 21 (iii) not affiliated with the Alaska State Hospital and 22 Nursing Home Association; 23 (F) one member who is a representative of the health insurance 24 industry in the state; 25 (G) one member who is 26 (i) a health care consumer; 27 (ii) a resident of the state; and 28 (iii) not employed by and does not have a business 29 interest in the health care industry; and 30 (2) three nonvoting members appointed as follows: 31 (A) one ex officio member from the house of representatives, 01 appointed by the speaker of the house of representatives; 02 (B) one ex officio member from the senate, appointed by the 03 president of the senate; 04 (C) an ex officio member representing the Office of the 05 Governor. 06 Sec. 18.09.030. Term of office. (a) Public members of the commission 07 appointed under AS 18.09.020(1)(B) - (G) serve for staggered terms of three years or 08 until a successor is appointed. 09 (b) If a vacancy occurs in a public member's seat on the commission, the 10 governor shall make an appointment for the unexpired portion of that member's term. 11 (c) A member may serve not more than two consecutive terms. 12 Sec. 18.09.040. Executive director. The commission shall employ an 13 executive director, who may not be a member of the commission. The executive 14 director serves at the pleasure of the commission. The commission shall establish the 15 duties of the executive director. The executive director is in the partially exempt 16 service under AS 39.25 (State Personnel Act). 17 Sec. 18.09.050. Staff. The department may assign employees of the 18 department to serve as staff to the commission. The commission shall prescribe the 19 duties of the commission staff. 20 Sec. 18.09.060. Bylaws. The commission, on approval of a majority of its 21 membership and consistent with state law, shall adopt and amend bylaws governing 22 proceedings and other activities, including provisions concerning 23 (1) a quorum to transact commission business and other aspects of 24 procedure; 25 (2) frequency and location of meetings; 26 (3) establishment, functions, and membership of committees; and 27 (4) conflicts of interest that require 28 (A) a member to declare a substantial financial interest in an 29 official action and to request to be excused from voting in that instance; 30 (B) a ruling by the chair on a request by a member to be 31 excused from voting; 01 (C) an opportunity to override a ruling by the chair on a 02 majority vote; 03 (D) filing of a written disclosure form with the department that 04 lists all potential conflicts of interest of a member valued at more than $5,000 05 annually if the interest is related to health care system income affecting the 06 member or a member of the member's immediate family. 07 Sec. 18.09.070. Duties of the commission. (a) The commission shall serve as 08 the state health planning and coordinating body. Consistent with state and federal law, 09 the commission shall provide recommendations for and foster the development of a 10 statewide health plan containing the following: 11 (1) a comprehensive statewide health care policy; 12 (2) a strategy for improving the health of all residents of the state that 13 (A) encourages personal responsibility for disease prevention, 14 healthy living, and acquisition of health insurance; 15 (B) reduces health care costs by using savings from 16 (i) enhanced market forces; 17 (ii) fraud reduction; 18 (iii) health information technology; 19 (iv) management efficiency; 20 (v) preventative medicine; 21 (vi) successful innovations identified by other states; 22 and 23 (vii) other cost-saving measures; 24 (C) eliminates known health risks, including unsafe water and 25 wastewater systems; 26 (D) develops a sustainable health care workforce; 27 (E) improves access to quality health care; and 28 (F) increases the number of insurance options for health care 29 services. 30 (b) The commission may hold public hearings to gather information and 31 opinions from health care consumers on matters before the commission. Hearings 01 shall be conducted under AS 44.62.210, except that the commission shall provide 02 public notice of hearings not less than 15 days before the conduct of the hearing and 03 include not fewer than three notices published in the statewide news media. 04 (c) The commission shall submit to the governor and the legislature by 05 January 15 of each year an annual report regarding the commission's 06 recommendations and activities. The report shall include voting records, copies of 07 financial disclosures, and conflicts of interest statements. 08 Sec. 18.09.080. Compensation, per diem, and expenses. A member 09 appointed to the commission under AS 18.09.020(1)(B) - (G) is not entitled to a 10 salary, but is entitled to per diem, reimbursement for travel, and other expenses 11 authorized by law for boards and commissions under AS 39.20.180. 12 Article 2. General Provisions. 13 Sec. 18.09.900. Regulations. The department may adopt regulations under 14 AS 44.62 (Administrative Procedure Act) to carry out the purposes of this chapter. 15 Sec. 18.09.990. Definitions. In this chapter, 16 (1) "commission" means the Alaska Health Care Commission 17 established in AS 18.09.010; 18 (2) "department" means the Department of Health and Social Services. 19 * Sec. 3. AS 39.25.120(c)(7) is amended to read: 20 (7) the principal executive officer of the following boards, councils, or 21 commissions: 22 (A) Alaska Public Broadcasting Commission; 23 (B) Professional Teaching Practices Commission; 24 (C) Parole Board; 25 (D) Board of Nursing; 26 (E) Real Estate Commission; 27 (F) Alaska Royalty Oil and Gas Development Advisory Board; 28 (G) Alaska State Council on the Arts; 29 (H) Alaska Police Standards Council; 30 (I) Alaska Commission on Aging; 31 (J) Alaska Mental Health Board; 01 (K) State Medical Board; 02 (L) Governor's Council on Disabilities and Special Education; 03 (M) Advisory Board on Alcoholism and Drug Abuse; 04 (N) Statewide Suicide Prevention Council; 05 (O) the State Board of Registration for Architect, Engineers, 06 and Land Surveyors; 07 (P) Alaska Health Care Commission; 08 * Sec. 4. AS 44.66.010(a) is amended to read: 09 (a) Boards and commissions listed in this subsection expire on the date set out 10 after each: 11 (1) Alcoholic Beverage Control Board (AS 04.06.010) - June 30, 2010; 12 (2) Board of Parole (AS 33.16.020) - June 30, 2016; 13 (3) Regulatory Commission of Alaska (AS 42.04.010) - June 30, 2011; 14 (4) Alaska Commission on Aging (AS 47.45.200) - June 30, 2016; 15 (5) Council on Domestic Violence and Sexual Assault (AS 18.66.010) 16 - June 30, 2014; 17 (6) special education service agency (AS 14.30.600) - June 30, 2013; 18 (7) [REPEALED 19 (8)] Statewide Suicide Prevention Council (AS 44.29.300) - June 30, 20 2009; 21 (8) [(9)] Alaska Seismic Hazards Safety Commission (AS 44.37.065) - 22 June 30, 2012; 23 (9) Alaska Health Care Commission (AS 18.09.010) - June 30, 24 2014. 25 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION: REGULATIONS. The Department of Health and Social Services may 28 proceed to adopt regulations necessary to implement the changes made by this Act. The 29 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 30 effective date of the statutory change. 31 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 01 read: 02 TRANSITION: ALASKA HEALTH CARE COMMISSION. The members appointed 03 to the Alaska Health Care Commission, established by Administrative Order No. 246 dated 04 December 4, 2008, shall serve as the members of the Alaska Health Care Commission under 05 AS 18.09.010 for one-year to three-year staggered terms as determined by the governor. 06 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).