00                             HOUSE BILL NO. 260                                                                          
01 "An Act repealing programs for catastrophic illness assistance and medical assistance                                   
02 for chronic and acute medical conditions."                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 36.30.850(b)(11) is amended to read:                                                               
05                 (11)  agreements with providers of services under AS 47.25.071 -                                        
06       47.25.095; AS 47.07; [AS 47.08;] AS 47.10; AS 47.12; AS 47.14; AS 47.17;                                          
07       AS 47.24; and AS 47.27, including contractors under AS 47.27.050;                                                 
08    * Sec. 2. AS 47.05.085(a) is amended to read:                                                                      
09            (a)  The commissioner or the commissioner's designee at the director level may                               
10 issue subpoenas to compel the production of books, papers, correspondence,                                              
11 memoranda, and other records considered necessary as evidence in connection with an                                     
12 investigation under or the administration of AS 47.07 (medical assistance), [AS 47.08                                   
13 (ASSISTANCE FOR CATASTROPHIC ILLNESSES AND ACUTE OR CHRONIC                                                             
14 MEDICAL CONDITIONS),] AS 47.25 (day care assistance, child care grants, general                                         
01       relief, adult public assistance, and food stamps), and AS 47.27 (Alaska temporary                                 
02       assistance program).                                                                                              
03    * Sec. 3. AS 47.05.200(d) is amended to read:                                                                      
04            (d)  As a condition of obtaining payment under AS 47.07 [AND AS 47.08] and                                   
05       for purposes of this section, a provider shall allow                                                              
06                 (1)  the department reasonable access to the records of medical                                         
07       assistance recipients and providers; and                                                                          
08                 (2)  audit and inspection of the records by state and federal agencies.                                 
09    * Sec. 4. AS 47.05.210(a) is amended to read:                                                                      
10            (a)  A person commits the crime of medical assistance fraud if the person                                    
11 (1)  knowingly submits or authorizes the submission of a claim to a                                                     
12 medical assistance agency for property, services, or a benefit with reckless disregard                                  
13       that the claimant is not entitled to the property, services, or benefit;                                          
14 (2)  knowingly prepares or assists another person to prepare a claim for                                                
15 submission to a medical assistance agency for property, services, or a benefit with                                     
16       reckless disregard that the claimant is not entitled to the property, services, or benefit;                       
17 (3)  except as otherwise authorized under the medical assistance                                                        
18 program, confers, offers to confer, solicits, agrees to accept, or accepts property,                                    
19       services, or a benefit                                                                                            
20 (A)  to refer a medical assistance recipient to a health care                                                           
21            provider; or                                                                                                 
22 (B)  for providing health care to a medical assistance recipient if                                                     
23 the property, services, or benefit is in addition to payment by a medical                                               
24            assistance agency;                                                                                           
25 (4)  does not produce medical assistance records to a person authorized                                                 
26       to request the records;                                                                                           
27 (5)  knowingly makes a false entry in or falsely alters a medical                                                       
28       assistance record;                                                                                                
29 (6)  knowingly destroys, mutilates, suppresses, conceals, removes, or                                                   
30 otherwise impairs the verity, legibility, or availability of a medical assistance record                                
31       knowing that the person lacks the authority to do so; or                                                          
01                 (7)  violates a provision of AS 47.07 [OR AS 47.08] or a regulation                                     
02       adopted under AS 47.07 [OR AS 47.08].                                                                             
03    * Sec. 5. AS 47.05.240 is amended to read:                                                                         
04 Sec. 47.05.240. Exclusion from medical assistance programs. (a) The                                                   
05 commissioner may exclude an applicant to or disenroll a medical assistance provider                                     
06 in the medical assistance program in AS 47.07 [OR AS 47.08, OR BOTH,] for a                                             
07       period of up to 10 years after unconditional discharge on a conviction                                          
08                 (1)  for medical assistance fraud under AS 47.05.210 or misconduct                                      
09       involving a controlled substance under AS 11.71; or                                                               
10 (2)  in a court of the United States or a court of another state or                                                     
11 territory, for a crime with elements similar to the crimes included under (1) of this                                   
12       subsection.                                                                                                       
13 (b)  After a period of exclusion under (a) of this section, an applicant may not                                        
14 participate in a medical assistance program under AS 47.07 [OR AS 47.08] until the                                      
15 applicant establishes to the commissioner by clear and convincing evidence that the                                     
16       applicant possesses all required licenses and certificates and is qualified to participate.                       
17    * Sec. 6. AS 47.05.290(9) is amended to read:                                                                      
18 (9)  "medical assistance program" means a program under AS 47.07                                                        
19       [OR AS 47.08];                                                                                                    
20    * Sec. 7. AS 47.05.290(10) is amended to read:                                                                     
21 (10)  "medical assistance provider" or "provider" means a person or                                                     
22 organization that provides, attempts to provide, or claims to have provided services or                                 
23 products to a medical assistance recipient that may qualify for reimbursement under                                     
24 AS 47.07 [OR AS 47.08] or a person or organization that participates in or has applied                                  
25       to participate in a medical assistance program as a supplier of a service or product;                             
26    * Sec. 8. AS 47.05.290(17) is amended to read:                                                                     
27 (17)  "services" or "medical assistance services" means a health care                                                   
28 benefit that may qualify for reimbursement under AS 47.07 [OR AS 47.08], including                                      
29 health care benefits provided, attempted to be provided, or claimed to have been                                        
30 provided to another, by a medical assistance provider, or "services" as defined in                                      
31       AS 11.81.900;                                                                                                   
01    * Sec. 9. AS 47.05.330(a) is amended to read:                                                                      
02            (a)  The Department of Health and the Department of Family and Community                                     
03       Services shall by regulation identify each database that department will review when                              
04       conducting a civil history check under AS 47.05.325 to identify each individual                                   
05                 (1)  whom a court or the applicable department has found                                                
06                      (A)  to have committed abuse, neglect, undue influence, or                                         
07            exploitation of a vulnerable adult;                                                                          
08                      (B)  under AS 47.32 or regulations adopted under AS 47.32, to                                      
09            have significantly adversely affected the health, safety, or welfare of an                                   
10 individual who is receiving a service from an entity licensed under AS 47.32; a                                         
11 finding described in this subparagraph includes a decision to revoke, suspend,                                          
12 or deny a license or license renewal, or the relinquishment of a license as part                                        
13            of a settlement agreement;                                                                                   
14 (2)  who has been subject to criminal or civil penalties for a violation of                                             
15 AS 09.58, AS 47.05, AS 47.06, AS 47.07, former AS 47.08, or regulations adopted                                     
16       under AS 09.58, AS 47.05, AS 47.06, AS 47.07, or former AS 47.08;                                             
17 (3)  about whom the applicable department or a court has made a                                                         
18       substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14;                                       
19 (4)  who was a biological or adoptive parent, guardian, custodian, or                                                   
20 Indian custodian of a child at the time the child was the subject of a child-in-need-of-                                
21       aid petition under AS 47.10;                                                                                      
22 (5)  who, in the course of employment with the state, has been                                                          
23 terminated from employment or has had an allegation of assaultive, abusive,                                             
24       neglectful, or exploitive behavior or actions substantiated;                                                      
25 (6)  who, in this state or another jurisdiction, for reasons related to                                                 
26 abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent                                   
27 with standards for the protection of public health, safety, or welfare, has had a                                       
28 professional license, certification, or similar professional designation revoked,                                       
29 suspended, or denied, or has had a request for renewal of a professional license,                                       
30       certification, or similar professional designation denied;                                                        
31 (7)  whom another state or jurisdiction has identified on a civil registry                                              
01       or database substantially similar to the databases identified under this section for                              
02       reasons substantially similar to the reasons identified in (1) - (6) of this subsection.                          
03    * Sec. 10. AS 47.08.010, 47.08.020, 47.08.030, 47.08.040, 47.08.050, 47.08.060, 47.08.070,                         
04 47.08.080, 47.08.090, 47.08.100, 47.08.110, 47.08.120, 47.08.130, 47.08.140, and 47.08.150                              
05 are repealed.                                                                                                           
06    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       APPLICABILITY. AS 47.05.210(a), as amended by sec. 4 of this Act, applies to                                      
09 offenses committed on or after the effective date of this Act.                                                          
10    * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to                         
11 read:                                                                                                                   
12 TRANSITION. (a) Notwithstanding AS 47.05.085(a), as amended by sec. 2 of this                                           
13 Act, the commissioner of health or the commissioner's designee may issue subpoenas to                                   
14 compel the production of books, papers, correspondence, memoranda, and other records                                    
15 considered necessary as evidence in connection with an investigation under AS 47.08 that                                
16 began before the effective date of this Act or for an investigation of a violation of AS 47.08                          
17 that occurred before the effective date of this Act.                                                                    
18 (b)  Notwithstanding AS 47.05.200(d), as amended by sec. 3 of this Act, a provider                                      
19 shall allow the department reasonable access to the records of medical assistance recipients                            
20 and providers and allow audit and inspection of the records by state and federal agencies                               
21 (1)  in order to receive payment for a service provided under AS 47.08 before                                           
22 the effective date of this Act; and                                                                                     
23 (2)  in connection with an audit under AS 47.05.200 for activities that occurred                                        
24 before the effective date of this Act.