CSHB 353(HES): "An Act relating to adoption by reference in regulations; and providing for an effective date."
00CS FOR HOUSE BILL NO. 353(HES) 01 "An Act relating to adoption by reference in regulations; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.62 is amended by adding a new section to read: 05 Sec. 44.62.245. Material incorporated by reference. (a) In adopting a 06 regulation that incorporates a document or other material by reference, a state agency 07 may incorporate future amended versions of the document or other material if the 08 adopted regulation identifies or refers to the document or other material followed by 09 the phrase "as may be amended," the phrase "as amended from time to time," or a 10 similar provision and 11 (1) the document or other material consists of 12 (A) a federal statute or regulation; 13 (B) a regulation of another agency of the state; or 14 (C) the product of the adopting state agency, another agency of
01 the state, or a federal agency, and if the document or other material, and 02 amendments to the document or other material, are created in a manner that 03 provides for public notice and an opportunity for public review and comment; 04 or 05 (2) the incorporation of a future amended version of the document or 06 other material is explicitly authorized by a statute. 07 (b) When the amended version of a document or other material incorporated 08 by reference in a regulation as described in (a) of this section becomes available, the 09 state agency shall 10 (1) make the amended version of the document or other material 11 available to the public for review; and 12 (2) publish in the Alaska Administrative Journal, not later than 15 days 13 after the amended version of the document or other material becomes available, a 14 notice that describes the affected regulation, the effective date of the amended version 15 of the document or other material, and how a copy of the amended version may be 16 obtained or reviewed. 17 (c) The state agency shall also send the notice described in (b)(2) of this 18 section to 19 (1) a person who has placed the person's name on a distribution list 20 kept by the agency that lists persons who want to receive the notice; the agency may 21 allow a person to request that distribution of the notice be by electronic means and 22 shall honor that request if appropriate means are available; and 23 (2) the regulations attorney in the Department of Law. 24 (d) A change in the form, format, or title in a future amended or revised 25 version of a document or material incorporated by reference in a regulation under this 26 section does not affect the validity of the regulation or the state agency's ability to 27 enforce or implement the regulation. The state agency shall notify the regulations 28 attorney in the Department of Law if the title of the document or other material 29 changes. The regulations attorney shall correct the title in the Alaska Administrative 30 Code under AS 44.62.125. 31 * Sec. 2. AS 47.05 is amended by adding a new section to read:
01 Sec. 47.05.012. Material incorporated by reference. Under 02 AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a document 03 or other material by reference, the department may incorporate future amended 04 versions of the document or other material if the document or other material is one of 05 the following: 06 (1) a document that is published, compiled, or prepared by the United 07 States Department of Health and Human Services and is included in the following list: 08 (A) the international classification of diseases, clinical 09 modifications; 10 (B) the common procedure coding system; 11 (C) the specifications for national uniform billing data elements; 12 (D) the federal poverty guidelines for the state; or 13 (E) the Indian Health Service encounter rates; 14 (2) the current procedural terminology for physicians published by the 15 American Medical Association; 16 (3) the diagnostic and statistical manual of mental disorders published 17 by the American Psychiatric Association; 18 (4) the length of stay in hospitals by diagnosis and operation for the 19 western region of the United States, published by HCIA, Inc. 20 (5) the relative value guide published by the American Society of 21 Anesthesiologists; 22 (6) the consumer price index published by the United States 23 Department of Labor; 24 (7) the health plan employer data and information set published by the 25 National Committee for Quality Assurance; 26 (8) practice standards adopted by the American Academy of Pediatrics, 27 American College of Obstetricians and Gynecologists, American Diabetes Association, 28 American Cancer Society, American Academy of Family Physicians, American College 29 of Physicians, United States Centers for Disease Control and Prevention, Agency for 30 Health Care Policy and Research, or the National Asthma Education and Prevention 31 Program;
01 (9) the compendium of animal rabies control published by the United 02 States Centers for Disease Control and Prevention; 03 (10) the control of communicable diseases manual published by the 04 American Public Health Association; 05 (11) the standards manual and interpretative guidelines for behavioral 06 health, employment and community support services, and for medical rehabilitation 07 published by the Commission on Accreditation of Rehabilitative Facilities; 08 (12) the accreditation manual for mental health, chemical dependency, 09 and other health care facilities published by the Joint Commission on Accreditation of 10 Healthcare Organizations; 11 (13) standards for accreditation of managed care organizations, 12 standards for accreditation of managed behavioral health organizations, and standards 13 for certification of credentials verification organizations published by the National 14 Committee on Quality Assurance; 15 (14) consumer assessment of health plans published by the Agency for 16 Health Care Policy and Research; or 17 (15) resources for optimal care of the injured patient published by the 18 Committee on Trauma, American College of Surgeons. 19 * Sec. 3. This Act takes effect July 1, 1998.