CSHB 345(HSS): "An Act relating to insurance coverage for contraceptives and related services; relating to medical assistance coverage for contraceptives and related services; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 345(HSS) 01 "An Act relating to insurance coverage for contraceptives and related services; relating 02 to medical assistance coverage for contraceptives and related services; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 21.42 is amended by adding a new section to read: 06 Sec. 21.42.427. Coverage for contraceptives. (a) A health care insurer that 07 offers, issues for delivery, delivers, or renews in the state a health care insurance plan 08 in the group or individual market shall 09 (1) provide coverage for 10 (A) prescription contraceptives; 11 (B) voluntary sterilization procedures; and 12 (C) consultations, examinations, procedures, and medical 13 services that are necessary to prescribe, dispense, insert, deliver, distribute, 14 administer, or remove the drugs, devices, and other products or services
01 provided under this paragraph; 02 (2) reimburse a health care provider or dispensing entity for dispensing 03 prescription contraceptives intended to last for a 12-month period for subsequent 04 dispensings of the same prescription contraceptive to the insured regardless of whether 05 the insured was enrolled in the health care insurance plan at the time of the first 06 dispensing. 07 (b) A health care insurer may not deny coverage or reimbursement under (a) 08 of this section because an insured changed contraceptive methods within a 12-month 09 period. 10 (c) A health care insurer may not offset the costs of compliance with (a) of 11 this section and may not require copayments, deductibles, or other forms of cost 12 sharing for contraceptives or services covered under (a) of this section. 13 (d) A health care insurer may not restrict or delay the coverage or 14 reimbursement required under (a) of this section, including use of medical 15 management techniques that limit an insured's choice in accessing a full range of 16 prescription contraceptives. 17 (e) A health care insurer shall provide coverage and reimbursement under (a) 18 of this section to all insureds enrolled in a health care insurance plan, including 19 enrolled spouses and dependents. 20 (f) A health care insurer that offers, issues for delivery, delivers, or renews in 21 the state a health care insurance plan in the group market to a religious employer is 22 exempt from the requirements of this section with respect to the health care insurance 23 plan of the religious employer if the religious employer opposes the coverage required 24 under this section and is an 25 (1) organization that meets the criteria set out in 26 U.S.C. 26 6033(a)(3)(A)(i) or (iii) (Internal Revenue Code of 1986), as amended; or 27 (2) eligible organization that has self-certified in the form and manner 28 specified by the United States Secretary of Labor or has provided notice to the United 29 States Secretary of Health and Human Services, under the requirements set out in 45 30 C.F.R. 147.131(b)(1) - (3). 31 (g) In this section,
01 (1) "health care insurer" includes a self-insured employer that offers, 02 issues for delivery, delivers, or renews in the state a health care insurance plan for its 03 employees; 04 (2) "prescription contraceptive" means a drug or device that requires a 05 prescription and is approved by the United States Food and Drug Administration to 06 prevent pregnancy. 07 * Sec. 2. AS 47.07.065 is amended by adding new subsections to read: 08 (b) The department shall pay for 09 (1) prescription contraceptives intended to last for a 12-month period 10 for subsequent dispensings of the same prescription contraceptive if prescribed to and 11 requested by the recipient, regardless of whether the recipient was receiving medical 12 assistance at the time of the first dispensing; and 13 (2) consultations, examinations, procedures, and medical services that 14 are necessary to 15 (A) prescribe, dispense, insert, distribute, or administer 16 prescription contraceptives; or 17 (B) remove prescription contraceptives. 18 (c) Nothing in this section requires itemized reimbursement when a service is 19 reimbursable as part of a bundled or composite rate. 20 (d) In this section, "prescription contraceptive" means a drug or device that 21 requires a prescription and is approved by the United States Food and Drug 22 Administration to prevent pregnancy. 23 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 MEDICAID STATE PLAN INSTRUCTIONS; NOTICE TO REVISOR OF 26 STATUTES. The Department of Health and Social Services shall immediately amend and 27 submit for federal approval a state plan for medical assistance coverage consistent with 28 AS 47.07.065(b) - (d), added by sec. 2 of this Act. The Department of Health and Social 29 Services shall apply to the United States Department of Health and Human Services for any 30 waivers necessary to implement AS 47.07.065(b) - (d), added by sec. 2 of this Act. The 31 commissioner of health and social services shall notify the revisor of statutes in writing if the
01 United States Department of Health and Human Services approves the provisions of 02 AS 47.07.065(b) - (d), added by sec. 2 of this Act. 03 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 CONDITIONAL EFFECT. AS 47.07.065(b) - (d), added by sec. 2 of this Act, take 06 effect only if the commissioner of health and social services notifies the revisor of statutes in 07 writing under sec. 3 of this Act, on or before January 1, 2017, that the provisions of 08 AS 47.07.065(b) - (d), added by sec. 2 of this Act, have been approved by the United States 09 Department of Health and Human Services. 10 * Sec. 5. If AS 47.07.065(b) - (d), added by sec. 2 of this Act, take effect, they take effect on 11 the day after the date the commissioner of health and social services makes a certification to 12 the revisor of statutes under secs. 3 and 4 of this Act. 13 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2017.