00                            HOUSE BILL NO. 123                                                                          
01 "An Act relating to disclosure of health care services and price information; and                                       
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 18.15.360(a) is amended to read:                                                                   
05            (a)  The department is authorized to collect, analyze, and maintain databases of                             
06       information related to                                                                                            
07                 (1)  risk factors identified for conditions of public health importance;                                
08                 (2)  morbidity and mortality rates for conditions of public health                                      
09       importance;                                                                                                       
10                 (3)  community indicators relevant to conditions of public health                                       
11       importance;                                                                                                       
12                 (4)  longitudinal data on traumatic or acquired brain injury from the                                   
13       registry established under AS 47.80.500(c)(1); [AND]                                                              
14                 (5)  health care services and price information collected under                                     

01       AS 18.23.400; and                                                                                             
02                 (6)  any other data needed to accomplish or further the mission or goals                            
03       of public health or provide essential public health services and functions.                                       
04    * Sec. 2. AS 18.23 is amended by adding a new section to read:                                                     
05              Article 4. Health Care Services and Price Information.                                                   
06 Sec. 18.23.400. Disclosure and reporting of health care services and price                                            
07 information. (a) A health care provider shall annually compile a list, by procedure                                   
08 and diagnosis code, including a brief and easily understandable description, of the 25                                  
09 health care services most commonly performed by the provider in the state in the                                        
10 previous calendar year and the undiscounted price charged an individual recipient for                                   
11       each of those health care services.                                                                               
12 (b)  A health care facility in the state shall annually compile a list, by                                              
13 procedure and diagnosis code, including a brief and easily understandable description,                                  
14 of the 50 health care services most commonly performed at the facility in the previous                                  
15 calendar year and the undiscounted price charged an individual recipient for each of                                    
16       those health care services.                                                                                       
17 (c)  A health care provider and health care facility shall publish the lists                                            
18       compiled under (a) and (b) of this section by January 31 each year                                                
19 (1)  by providing the list to the department for entry in the department's                                              
20       database under AS 18.15.360;                                                                                      
21 (2)  by posting a copy of the list in a conspicuous public reception area                                               
22 at the health care provider's office or health care facility where the services are                                     
23       performed;                                                                                                        
24 (3)  if the health care provider or facility has an Internet website, by                                                
25       posting the list on the website.                                                                                  
26 (d)  The department shall compile and annually update the lists provided under                                          
27 (a) and (b) of this section by health care service and, where relevant, provider and                                    
28 health care facility name and location, and post the information on the department's                                    
29 Internet website and enter the information in the database maintained under                                             
30       AS 18.15.360.                                                                                                     
31 (e)  If a health care provider performs fewer than 25 health care services in the                                       

01 state or fewer than 50 health care services are performed at a health care facility in the                              
02 state in the annual reporting period under this section, the provider or facility shall                                 
03 provide a list of all of the health care services performed by the provider or at the                                   
04       facility.                                                                                                         
05 (f)  A health care provider or health care facility that fails to comply with the                                       
06 requirements of this section is liable for a civil penalty. The department may impose a                                 
07 civil penalty of not more than $50 for each day after March 31 that a health care                                       
08 provider or health care facility fails to provide and post information as required under                                
09 (c) of this section. The total penalty may not exceed $2,500. A person aggrieved by                                     
10 the imposition of a civil penalty under this subsection may file an appeal with the                                     
11       superior court for judicial review of the penalty under AS 44.62.560.                                             
12            (g)  In this section,                                                                                        
13                 (1)  "department" means the Department of Health and Social Services;                                   
14 (2)  "health care facility" means a private, municipal, state, or federal                                               
15 hospital, psychiatric hospital, independent diagnostic testing facility, residential                                    
16 psychiatric treatment center as defined in AS 47.32.900, tuberculosis hospital, kidney                                  
17 disease treatment center (including freestanding hemodialysis units), the offices of                                    
18 private physicians or dentists whether in individual or group practice; ambulatory                                      
19 surgical center as defined in AS 47.32.900, free-standing birth center as defined in                                    
20 AS 47.32.900, and rural health clinic as defined in AS 47.32.900; "health care facility"                                
21       does not include                                                                                                  
22 (A)  the Alaska Pioneers' Home and the Alaska Veterans' Home                                                            
23            administered by the department under AS 47.55;                                                               
24                      (B)  an assisted living home as defined in AS 47.33.990; and                                       
25 (C)  a nursing facility licensed by the department to provide                                                           
26            long-term care;                                                                                              
27 (3)  "health care provider" means an individual licensed, certified, or                                                 
28 otherwise authorized or permitted by law to provide health care services in the                                         
29       ordinary course of business or practice of a profession;                                                          
30 (4)  "health care service" means a service or procedure provided in                                                     
31 person or remotely by telemedicine or other means by a health care provider or at a                                     

01       health care facility for the purpose of or incidental to the care, prevention, or treatment                       
02       of a physical or mental illness or injury;                                                                        
03 (5)  "price" means the charges billed directly to a recipient for services                                              
04 rendered without complications or exceptional circumstances; "price" does not include                                   
05 a negotiated discount for in-network, out-of-network, or self-insured services rendered                                 
06       or the costs paid by a third party for those services;                                                            
07                 (6)  "recipient" means an individual to whom health care services are                                   
08       provided in the state by a health care provider or at a health care facility;                                     
09                 (7)  "third party" means a public or private entity, association, or                                    
10 organization that provides, by contract, agreement, or other arrangement, insurance,                                    
11 payment, price discount, or other benefit for all or a portion of the cost of health care                               
12 services provided to a recipient; "third party" does not include a member of the                                        
13       recipient's immediate family.                                                                                     
14    * Sec. 3. This Act takes effect January 1, 2018.