Enrolled HB 265: Relating to telehealth; relating to the practice of medicine and the practice of nursing; relating to medical assistance coverage for services provided by telehealth; and providing for an effective date.
00Enrolled HB 265 01 Relating to telehealth; relating to the practice of medicine and the practice of nursing; relating 02 to medical assistance coverage for services provided by telehealth; and providing for an 03 effective date. 04 _______________ 05 * Section 1. AS 08.01 is amended by adding a new section to read: 06 Sec. 08.01.085. Telehealth. (a) A health care provider licensed in this state 07 may provide health care services within the health care provider's authorized scope of 08 practice to a patient in this state through telehealth without first conducting an in- 09 person visit. 10 (b) A physician licensed in another state may provide health care services 11 through telehealth to a patient located in the state as provided in this subsection, 12 subject to the investigative and enforcement powers of the department under 13 AS 08.01.087, and subject to disciplinary action by the State Medical Board under 14 AS 08.64.333. The privilege to practice under this subsection extends only to
01 (1) ongoing treatment or follow-up care related to health care services 02 previously provided by the physician to the patient and applies only if 03 (A) the physician and the patient have an established physician- 04 patient relationship; and 05 (B) the physician has previously conducted an in-person visit 06 with the patient; or 07 (2) a visit regarding a suspected or diagnosed life-threatening 08 condition for which 09 (A) the patient has been referred to the physician licensed in 10 another state by a physician licensed in this state and that referral has been 11 documented by the referring physician; and 12 (B) the visit involves communication with the patient regarding 13 diagnostic or treatment plan options or analysis of test results for the life- 14 threatening condition. 15 (c) If a health care provider determines in the course of a telehealth encounter 16 with a patient under this section that some or all of the encounter will extend beyond 17 the health care provider's authorized scope of practice, the health care provider shall 18 advise the patient that the health care provider is not authorized to provide some or all 19 of the services to the patient, recommend that the patient contact an appropriate 20 provider for the services the health care provider is not authorized to provide, and limit 21 the encounter to only those services the health care provider is authorized to provide. 22 The health care provider may not charge for any portion of an encounter that extends 23 beyond the health care provider's authorized scope of practice. 24 (d) A fee for a service provided through telehealth under this section must be 25 reasonable and consistent with the ordinary fee typically charged for that service and 26 may not exceed the fee typically charged for that service. 27 (e) A physician, podiatrist, osteopath, or physician assistant licensed under 28 AS 08.64 may prescribe, dispense, or administer through telehealth under this section 29 a prescription for a controlled substance listed in AS 11.71.140 - 11.71.190 if the 30 physician, podiatrist, osteopath, or physician assistant complies with state and federal 31 law governing the prescription, dispensing, or administering of a controlled substance.
01 (f) An advanced practice registered nurse licensed under AS 08.68 may 02 prescribe, dispense, or administer through telehealth under this section a prescription 03 for a controlled substance listed in AS 11.71.140 - 11.71.190 if the advanced practice 04 registered nurse complies with state and federal law governing the prescription, 05 dispensing, or administering of a controlled substance. 06 (g) Except as authorized under (e) and (f) of this section, a health care 07 provider licensed under this title may not prescribe, dispense, or administer through 08 telehealth under this section a controlled substance listed in AS 11.71.140 - 11.71.190. 09 (h) A health care provider may not be required to document a barrier to an in- 10 person visit to provide health care services through telehealth. The department or a 11 board may not limit the physical setting from which a health care provider may 12 provide health care services through telehealth. 13 (i) Nothing in this section requires the use of telehealth when a health care 14 provider determines that providing health care services through telehealth is not 15 appropriate or when a patient chooses not to receive health care services through 16 telehealth. 17 (j) In this section, 18 (1) "health care provider" means 19 (A) an audiologist or speech-language pathologist licensed 20 under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 21 licensed under AS 08.20; a professional counselor licensed under AS 08.29; a 22 dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; a 23 dietitian or nutritionist licensed under AS 08.38; a naturopath licensed under 24 AS 08.45; a marital and family therapist licensed under AS 08.63; a physician 25 licensed under AS 08.64; a podiatrist, osteopath, or physician assistant licensed 26 under AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse 27 licensed under AS 08.68; a dispensing optician licensed under AS 08.71; an 28 optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 29 physical therapist or occupational therapist licensed under AS 08.84; a 30 psychologist or psychological associate licensed under AS 08.86; or a social 31 worker licensed under AS 08.95; or
01 (B) a physician licensed in another state; 02 (2) "licensed" means holding a current license in good standing; 03 (3) "life-threatening condition" means any disease or condition from 04 which the likelihood of death is probable unless the course of the disease or condition 05 is interrupted; 06 (4) "telehealth" has the meaning given in AS 47.05.270(e). 07 * Sec. 2. AS 08.64 is amended by adding a new section to read: 08 Sec. 08.64.333. Disciplinary sanctions: physician licensed in another state. 09 (a) The board may sanction a physician licensed in another state who provides health 10 care services through telehealth under AS 08.01.085(b) if the board finds after a 11 hearing that 12 (1) one or more of the grounds listed in AS 08.64.326(a)(1) - (13) exist 13 with respect to that physician; 14 (2) the physician exceeded the scope of the physician's privilege to 15 practice in this state under AS 08.01.085; or 16 (3) the physician prescribed, dispensed, or administered through 17 telehealth to a patient located in the state a controlled substance listed in AS 11.71.140 18 - 11.71.190. 19 (b) If the board finds grounds to sanction a physician under (a) of this section, 20 the board may 21 (1) permanently prohibit the physician from practicing in the state; 22 (2) prohibit the physician from practicing in the state for a determinate 23 period; 24 (3) censure the physician; 25 (4) issue a letter of reprimand to the physician; 26 (5) place the physician on probationary status under (d) of this section; 27 (6) limit or impose conditions on the physician's privilege to practice 28 in the state; 29 (7) impose a civil fine of not more than $25,000; 30 (8) issue a cease and desist order prohibiting the physician from 31 providing health care services through telehealth under AS 08.01.085(b); an order
01 issued under this paragraph remains in effect until the physician submits evidence 02 acceptable to the board showing that the violation has been corrected; 03 (9) promptly notify the licensing authority in each state in which the 04 physician is licensed of a sanction imposed under this subsection. 05 (c) In a case finding grounds for sanction under AS 08.64.326(a)(13), the final 06 findings of fact, conclusions of law, and order of the authority that suspended or 07 revoked a license or certificate constitute a prima facie case that the license or 08 certificate was suspended or revoked and the grounds under which the suspension or 09 revocation was granted. 10 (d) The board may place a physician on probation under this section until the 11 board finds that the deficiencies that required the imposition of a sanction have been 12 remedied. The board may require a physician on probation to 13 (1) report regularly to the board on matters involving the reason for 14 which the physician was placed on probation; 15 (2) limit the physician's practice in the state to those areas prescribed 16 by the board; 17 (3) participate in professional education until the board determines that 18 a satisfactory degree of skill has been attained in areas identified by the board as 19 needing improvement. 20 (e) The board may summarily prohibit a physician from practicing in the state 21 under AS 08.01.085(b) if the board finds that the physician, by continuing to practice, 22 poses a clear and immediate danger to public health and safety. A physician prohibited 23 from practicing under this subsection is entitled to a hearing conducted by the office of 24 administrative hearings (AS 44.64.010) not later than seven days after the effective 25 date of the order prohibiting the physician from practicing. The board may lift an order 26 prohibiting a physician from practicing if the board finds after a hearing that the 27 physician is able to practice with reasonable skill and safety. The physician may 28 appeal a decision of the board under this subsection to the superior court. 29 (f) The board shall take measures to recover from a physician the cost of 30 proceedings resulting in a sanction under (b) of this section, including the costs of 31 investigation by the board and department, and hearing costs.
01 (g) The board may prohibit a physician from practicing in the state upon 02 receipt of a certified copy of evidence that a license to practice medicine in another 03 state or territory of the United States or province or territory of Canada has been 04 suspended or revoked. The prohibition remains in effect until a hearing can be held by 05 the board. 06 (h) The board shall be consistent in the application of disciplinary sanctions. A 07 significant departure from earlier decisions of the board involving similar situations 08 must be explained in findings of fact or orders made by the board. 09 * Sec. 3. AS 08.64.364(b) is amended to read: 10 (b) The board may not impose disciplinary sanctions on a physician or 11 physician assistant for prescribing, dispensing, or administering a prescription drug 12 that is a controlled substance [OR BOTULINUM TOXIN] if the requirements under 13 (a) of this section and AS 08.64.363 are met [AND THE PHYSICIAN OR 14 PHYSICIAN ASSISTANT PRESCRIBES, DISPENSES, OR ADMINISTERS THE 15 CONTROLLED SUBSTANCE OR BOTULINUM TOXIN WHEN AN 16 APPROPRIATE LICENSED HEALTH CARE PROVIDER IS PRESENT WITH 17 THE PATIENT TO ASSIST THE PHYSICIAN OR PHYSICIAN ASSISTANT 18 WITH EXAMINATION, DIAGNOSIS, AND TREATMENT]. 19 * Sec. 4. AS 08.64.370 is amended to read: 20 Sec. 08.64.370. Exceptions to application of chapter. This chapter does not 21 apply to 22 (1) officers in the regular medical service of the armed services of the 23 United States or the United States Public Health Service while in the discharge of their 24 official duties; 25 (2) a physician or osteopath licensed in another state [, WHO IS 26 NOT A RESIDENT OF THIS STATE,] who is asked by a physician or osteopath 27 licensed in this state to help in the diagnosis or treatment of a case, unless the 28 physician is practicing under AS 08.01.085(b); 29 (3) the practice of the religious tenets of a church; 30 (4) a physician in the regular medical service of the United States 31 Public Health Service or the armed services of the United States volunteering services
01 without pay or other remuneration to a hospital, clinic, medical office, or other 02 medical facility in the state; 03 (5) a person who is certified as a direct-entry midwife by the 04 department under AS 08.65 while engaged in the practice of midwifery whether or not 05 the person accepts compensation for those services; 06 (6) a physician licensed in another state who, under a written 07 agreement with an athletic team located in the state in which the physician is licensed, 08 provides medical services to members of the athletic team while the athletic team is 09 traveling to or from or participating in a sporting event in this state. 10 * Sec. 5. AS 08.68.100(a) is amended to read: 11 (a) The board shall 12 (1) adopt regulations necessary to implement this chapter, including 13 regulations 14 (A) pertaining to practice as an advanced practice registered 15 nurse, including requirements for an advanced practice registered nurse to 16 practice as a certified registered nurse anesthetist, certified clinical nurse 17 specialist, certified nurse practitioner, or certified nurse midwife; regulations 18 for an advanced practice registered nurse who holds a valid federal Drug 19 Enforcement Administration registration number must address training in pain 20 management and opioid use and addiction; 21 (B) necessary to implement AS 08.68.331 - 08.68.336 relating 22 to certified nurse aides in order to protect the health, safety, and welfare of 23 clients served by nurse aides; 24 (C) pertaining to retired nurse status; [AND] 25 (D) establishing criteria for approval of practical nurse 26 education programs that are not accredited by a national nursing accrediting 27 body; and 28 (E) establishing guidelines for rendering a diagnosis, 29 providing treatment, or prescribing, dispensing, or administering a 30 prescription drug to a person without conducting a physical examination 31 under AS 08.68.710; the guidelines must include a nationally recognized
01 model policy for standards of care of a patient who is at a different 02 location than the advanced practice registered nurse; 03 (2) approve curricula and adopt standards for basic education programs 04 that prepare persons for licensing under AS 08.68.190; 05 (3) provide for surveys of the basic nursing education programs in the 06 state at the times it considers necessary; 07 (4) approve education programs that meet the requirements of this 08 chapter and of the board, and deny, revoke, or suspend approval of education 09 programs for failure to meet the requirements; 10 (5) examine, license, and renew the licenses of qualified applicants; 11 (6) prescribe requirements for competence before a former registered, 12 advanced practice registered, or licensed practical nurse may resume the practice of 13 nursing under this chapter; 14 (7) define by regulation the qualifications and duties of the executive 15 administrator and delegate authority to the executive administrator that is necessary to 16 conduct board business; 17 (8) develop reasonable and uniform standards for nursing practice; 18 (9) publish advisory opinions regarding whether nursing practice 19 procedures or policies comply with acceptable standards of nursing practice as defined 20 under this chapter; 21 (10) require applicants under this chapter to submit fingerprints and the 22 fees required by the Department of Public Safety under AS 12.62.160 for criminal 23 justice information and a national criminal history record check; the department shall 24 submit the fingerprints and fees to the Department of Public Safety for a report of 25 criminal justice information under AS 12.62 and a national criminal history record 26 check under AS 12.62.400; 27 (11) require that a licensed advanced practice registered nurse who has 28 a federal Drug Enforcement Administration registration number register with the 29 controlled substance prescription database under AS 17.30.200(n). 30 * Sec. 6. AS 08.68 is amended by adding a new section to article 6 to read: 31 Sec. 08.68.710. Prescription of drugs without physical examination. (a) The
01 board may not impose disciplinary sanctions on an advanced practice registered nurse 02 for rendering a diagnosis, providing treatment, or prescribing, dispensing, or 03 administering a prescription drug that is not a controlled substance to a person without 04 conducting a physical examination if 05 (1) the advanced practice registered nurse or another licensed health 06 care provider in the medical practice is available to provide follow-up care; and 07 (2) the advanced practice registered nurse requests that the person 08 consent to sending a copy of all records of the encounter to the person's primary care 09 provider if the prescribing advanced practice registered nurse is not the person's 10 primary care provider and, if the person consents, the advanced practice registered 11 nurse sends the records to the person's primary care provider. 12 (b) The board may not impose disciplinary sanctions on an advanced practice 13 registered nurse for prescribing, dispensing, or administering a prescription drug that 14 is a controlled substance if the requirements under (a) of this section and 15 AS 08.68.705 are met and the advanced practice registered nurse prescribes, 16 dispenses, or administers the controlled substance. 17 (c) Notwithstanding (a) and (b) of this section, an advanced practice registered 18 nurse may not prescribe, dispense, or administer a prescription drug in response to an 19 Internet questionnaire or electronic mail message to a person with whom the advanced 20 practice registered nurse does not have a prior provider-patient relationship. 21 (d) In this section, 22 (1) "controlled substance" has the meaning given in AS 11.71.900; 23 (2) "prescription drug" has the meaning given in AS 08.80.480; 24 (3) "primary care provider" has the meaning given in AS 21.07.250. 25 * Sec. 7. AS 18.08 is amended by adding a new section to read: 26 Sec. 18.08.100. Telehealth. (a) An individual certified or licensed under this 27 chapter may practice within the individual's authorized scope of practice under this 28 chapter through telehealth with a patient in this state if the individual's certification or 29 license is in good standing. 30 (b) If an individual certified or licensed under this chapter determines in the 31 course of a telehealth encounter with a patient that some or all of the encounter will
01 extend beyond the individual's authorized scope of practice, the individual shall advise 02 the patient that the individual is not authorized to provide some or all of the services to 03 the patient, recommend that the patient contact an appropriate provider for the services 04 the individual is not authorized to provide, and limit the encounter to only those 05 services the individual is authorized to provide. The individual certified or licensed 06 under this chapter may not charge for any portion of an encounter that extends beyond 07 the individual's authorized scope of practice. 08 (c) A fee for a service provided through telehealth under this section must be 09 reasonable and consistent with the ordinary fee typically charged for that service and 10 may not exceed the fee typically charged for that service. 11 (d) An individual certified or licensed under this chapter may not be required 12 to document a barrier to an in-person visit to provide health care services through 13 telehealth. The department or the council may not limit the physical setting from 14 which an individual certified or licensed under this chapter may provide health care 15 services through telehealth. 16 (e) Nothing in this section requires the use of telehealth when an individual 17 certified or licensed under this chapter determines that providing services through 18 telehealth is not appropriate or when a patient chooses not to receive services through 19 telehealth. 20 (f) In this section, "telehealth" has the meaning given in AS 47.05.270(e). 21 * Sec. 8. AS 47.07 is amended by adding a new section to read: 22 Sec. 47.07.069. Payment for telehealth. (a) The department shall pay for all 23 services covered by the medical assistance program provided through telehealth in the 24 same manner as if the services had been provided in person, including 25 (1) behavioral health services; 26 (2) services covered under home and community-based waivers; 27 (3) services covered under state plan options under 42 U.S.C. 1396 - 28 1396p (Title XIX, Social Security Act); 29 (4) services provided by a community health aide or a community 30 health practitioner certified by the Community Health Aide Program Certification 31 Board;
01 (5) services provided by a behavioral health aide or behavioral health 02 practitioner certified by the Community Health Aide Program Certification Board; 03 (6) services provided by a dental health aide therapist certified by the 04 Community Health Aide Program Certification Board; 05 (7) services provided by a chemical dependency counselor certified by 06 a certifying entity for behavioral health professionals in the state specified by the 07 department in regulation; 08 (8) services provided by a rural health clinic or a federally qualified 09 health center; 10 (9) services provided by an individual or entity that is required by 11 statute or regulation to be licensed or certified by the department or that is eligible to 12 receive payments, in whole or in part, from the department; 13 (10) services provided through audio, visual, or data communications, 14 alone or in any combination, or through communications over the Internet or by 15 telephone, including a telephone that is not part of a dedicated audio conference 16 system, electronic mail, text message, or two-way radio; 17 (11) assessment, evaluation, consultation, planning, diagnosis, 18 treatment, case management, and the prescription, dispensing, and administration of 19 medications, including controlled substances; and 20 (12) services covered under federal waivers or demonstrations other 21 than home and community-based waivers. 22 (b) The department shall adopt regulations for services provided by telehealth, 23 including setting rates of payment. Regulations calculating the rate of payment for a 24 rural health clinic or federally qualified health center must treat services provided 25 through telehealth in the same manner as if the services had been provided in person, 26 including calculations based on the rural health clinic's or federally qualified health 27 center's reasonable costs or on the number of visits for recipients provided services, 28 and must define "visit" to include a visit provided by telehealth. The department may 29 not decrease the rate of payment for a telehealth service based on the location of the 30 person providing the service, the location of the eligible recipient of the service, the 31 communication method used, or whether the service was provided asynchronously or
01 synchronously. The department may exclude or limit coverage or reimbursement for a 02 service provided by telehealth, or limit the telehealth modes that may be used for a 03 particular service, only if the department 04 (1) specifically excludes or limits the service from telehealth coverage 05 or reimbursement by regulations adopted under this subsection; 06 (2) determines, based on substantial medical evidence, that the service 07 cannot be safely provided using telehealth or using the specified mode; or 08 (3) determines that providing the service using the specified mode 09 would violate federal law or render the service ineligible for federal financial 10 participation under applicable federal law. 11 (c) All services delivered through telehealth under this section must comply 12 with the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191). 13 (d) In this section, 14 (1) "federally qualified health center" has the meaning given in 42 15 U.S.C. 1396d(l)(2)(B); 16 (2) "rural health clinic" has the meaning given in 42 U.S.C. 17 1396d(l)(1); 18 (3) "state plan" means the state plan for medical assistance coverage 19 developed under AS 47.07.040; 20 (4) "telehealth" has the meaning given AS 47.05.270(e). 21 * Sec. 9. AS 47.07.069(a), enacted by sec. 8 of this Act, is amended to read: 22 (a) The department shall pay for services covered by the medical assistance 23 program provided through telehealth if the department pays for those services when 24 [IN THE SAME MANNER AS IF THE SERVICES HAD BEEN] provided in person, 25 including 26 (1) behavioral health services; 27 (2) services covered under home and community-based waivers; 28 (3) services covered under state plan options under 42 U.S.C. 1396 - 29 1396p (Title XIX, Social Security Act); 30 (4) services provided by a community health aide or a community 31 health practitioner certified by the Community Health Aide Program Certification
01 Board; 02 (5) services provided by a behavioral health aide or behavioral health 03 practitioner certified by the Community Health Aide Program Certification Board; 04 (6) services provided by a dental health aide therapist certified by the 05 Community Health Aide Program Certification Board; 06 (7) services provided by a chemical dependency counselor certified by 07 a certifying entity for behavioral health professionals in the state specified by the 08 department in regulation; 09 (8) services provided by a rural health clinic or a federally qualified 10 health center; 11 (9) services provided by an individual or entity that is required by 12 statute or regulation to be licensed or certified by the department or that is eligible to 13 receive payments, in whole or in part, from the department; 14 (10) services provided through audio, visual, or data communications, 15 alone or in any combination, or through communications over the Internet or by 16 telephone, including a telephone that is not part of a dedicated audio conference 17 system, electronic mail, text message, or two-way radio; 18 (11) assessment, evaluation, consultation, planning, diagnosis, 19 treatment, case management, and the prescription, dispensing, and administration of 20 medications, including controlled substances; and 21 (12) services covered under federal waivers or demonstrations other 22 than home and community-based waivers. 23 * Sec. 10. AS 47.07.069(b), enacted by sec. 8 of this Act, is amended to read: 24 (b) The department shall adopt regulations for services provided by telehealth, 25 including setting rates of payment. The department may set a rate of payment for a 26 service provided through telehealth that is different from the rate of payment for 27 the same service provided in person [REGULATIONS CALCULATING THE 28 RATE OF PAYMENT FOR A RURAL HEALTH CLINIC OR FEDERALLY 29 QUALIFIED HEALTH CENTER MUST TREAT SERVICES PROVIDED 30 THROUGH TELEHEALTH IN THE SAME MANNER AS IF THE SERVICES 31 HAD BEEN PROVIDED IN PERSON, INCLUDING CALCULATIONS BASED
01 ON THE RURAL HEALTH CLINIC OR FEDERALLY QUALIFIED HEALTH 02 CENTER'S REASONABLE COSTS OR ON THE NUMBER OF VISITS FOR 03 RECIPIENTS PROVIDED SERVICES, AND MUST DEFINE "VISIT" TO 04 INCLUDE A VISIT PROVIDED BY TELEHEALTH. THE DEPARTMENT MAY 05 NOT DECREASE THE RATE OF PAYMENT FOR A TELEHEALTH SERVICE 06 BASED ON THE LOCATION OF THE PERSON PROVIDING THE SERVICE, 07 THE LOCATION OF THE ELIGIBLE RECIPIENT OF THE SERVICE, THE 08 COMMUNICATION METHOD USED, OR WHETHER THE SERVICE WAS 09 PROVIDED ASYNCHRONOUSLY OR SYNCHRONOUSLY]. The department may 10 exclude or limit coverage or reimbursement for a service provided by telehealth, or 11 limit the telehealth modes that may be used for a particular service, only if the 12 department 13 (1) specifically excludes or limits the service from telehealth coverage 14 or reimbursement by regulations adopted under this subsection; 15 (2) determines, based on substantial medical evidence, that the service 16 cannot be safely provided using telehealth or using the specified mode; or 17 (3) determines that providing the service using the specified mode 18 would violate federal law or render the service ineligible for federal financial 19 participation under applicable federal law. 20 * Sec. 11. AS 47.30 is amended by adding a new section to read: 21 Sec. 47.30.585. Telehealth. (a) An entity designated by the department under 22 AS 47.30.520 - 47.30.620 may provide community mental health services authorized 23 under AS 47.30.520 - 47.30.620 through telehealth to a patient in this state. 24 (b) If an individual employed by an entity designated by the department under 25 AS 47.30.520 - 47.30.620, in the course of a telehealth encounter with a patient, 26 determines that some or all of the encounter will extend beyond the community mental 27 health services authorized under AS 47.30.520 - 47.30.620, the individual shall advise 28 the patient that the entity is not authorized to provide some or all of the services to the 29 patient, recommend that the patient contact an appropriate provider for the services the 30 entity is not authorized to provide, and limit the encounter to only those services the 31 entity is authorized to provide. The entity may not charge a patient for any portion of
01 an encounter that extends beyond the community mental health services authorized 02 under AS 47.30.520 - 47.30.620. 03 (c) A fee for a service provided through telehealth under this section must be 04 reasonable and consistent with the ordinary fee typically charged for that service and 05 may not exceed the fee typically charged for that service. 06 (d) An entity permitted to provide telehealth under this section may not be 07 required to document a barrier to an in-person visit to provide health care services 08 through telehealth. The department may not limit the physical setting from which an 09 entity may provide health care services through telehealth. 10 (e) Nothing in this section requires the use of telehealth when an individual 11 employed by an entity designated by the department under AS 47.30.520 - 47.30.620 12 determines that providing services through telehealth is not appropriate or when a 13 patient chooses not to receive services through telehealth. 14 (f) In this section, "telehealth" has the meaning given in AS 47.05.270(e). 15 * Sec. 12. AS 47.37 is amended by adding a new section to read: 16 Sec. 47.37.145. Telehealth. (a) A public or private treatment facility approved 17 under AS 47.37.140 may provide health care services authorized under AS 47.37.030 - 18 47.37.270 through telehealth to a patient in this state. 19 (b) If an individual employed by a public or private treatment facility 20 approved under AS 47.37.140, in the course of a telehealth encounter with a patient, 21 determines that some or all of the encounter will extend beyond the health care 22 services authorized under AS 47.37.030 - 47.37.270, the individual shall advise the 23 patient that the facility is not authorized to provide some or all of the services to the 24 patient, recommend that the patient contact an appropriate provider for the services the 25 facility is not authorized to provide, and limit the encounter to only those services the 26 facility is authorized to provide. The facility may not charge a patient for any portion 27 of an encounter that extends beyond the health care services authorized under 28 AS 47.37.030 - 47.37.270. 29 (c) A fee for a service provided through telehealth under this section must be 30 reasonable and consistent with the ordinary fee typically charged for that service and 31 may not exceed the fee typically charged for that service.
01 (d) A facility permitted to practice telehealth under this section may not be 02 required to document a barrier to an in-person visit to provide health care services 03 through telehealth. The department may not limit the physical setting from which a 04 facility may provide health care services through telehealth. 05 (e) Nothing in this section requires the use of telehealth when an individual 06 employed by a facility approved under AS 47.37.140 determines that providing 07 services through telehealth is not appropriate or when a patient chooses not to receive 08 services through telehealth. 09 (f) In this section, "telehealth" has the meaning given in AS 47.05.270(e). 10 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 CONDITIONAL EFFECT; NOTIFICATION. (a) Sections 9 and 10 of this Act take 13 effect only if, on or before June 30, 2030, the United States Department of Health and Human 14 Services 15 (1) approves amendments to the state plan for medical assistance coverage 16 under AS 47.07.069(a), as amended by sec. 9 of this Act, and AS 47.07.069(b), as amended 17 by sec. 10 of this Act; or 18 (2) determines that its approval of the amendments to the state plan for 19 medical assistance coverage under AS 47.07.069(a), as amended by sec. 9 of this Act, and 20 AS 47.07.069(b), as amended by sec. 10 of this Act, is not necessary. 21 (b) The commissioner of health shall notify the revisor of statutes in writing within 30 22 days after the United States Department of Health and Human Services approves amendments 23 to the state plan or determines that approval is not necessary under (a)(1) or (2) of this section. 24 * Sec. 14. If secs. 9 and 10 of this Act take effect under sec. 13 of this Act, they take effect 25 June 30, 2030. 26 * Sec. 15. Except as provided in sec. 14 of this Act, this Act takes effect immediately under 27 AS 01.10.070(c).