SB 3006: "An Act relating to utilization review requirements; making temporary changes to state law in response to the novel coronavirus disease (COVID-19); relating to telemedicine and telehealth; relating to background checks; and providing for an effective date."
00 SENATE BILL NO. 3006 01 "An Act relating to utilization review requirements; making temporary changes to state 02 law in response to the novel coronavirus disease (COVID-19); relating to telemedicine 03 and telehealth; relating to background checks; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE. The purpose of this Act is to provide for mitigation measures that will 08 enhance the state's ongoing efforts to reduce the spread of the novel coronavirus disease 09 (COVID-19). 10 * Sec. 2. AS 21.06.080 is amended by adding a new subsection to read: 11 (f) During a recognized federal or state public health disaster or emergency, 12 the director may order health care insurers to waive utilization review requirements, 13 including preauthorization requirements for medical services, concurrent review for 14 inpatient hospital services, retrospective review of inpatient and outpatient services,
01 emergency services and payment of claims, and requirements for placements of policy 02 holders in post-acute facilities. In this subsection, "utilization review" has the meaning 03 given in AS 21.07.250. 04 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TELEMEDICINE AND TELEHEALTH. (a) Notwithstanding any other provision of 07 law, beginning from the effective date of this Act and until July 1, 2022, the provisions of 08 AS 08.64.170 and AS 08.68.160 do not apply to a health care provider who is providing 09 treatment, rendering a diagnosis, or prescribing, dispensing, or administering a prescription, 10 excluding a controlled substance listed under AS 11.71.140 - 11.71.190, through telehealth as 11 defined in AS 47.05.270(e), without first conducting an in person physical examination, if 12 (1) the health care provider is licensed, permitted, or certified to provide 13 health care services in another jurisdiction and is in good standing in the jurisdiction that 14 issued the license, permit, or certification; 15 (2) the health care services provided without an in-person physical 16 examination are within the health care provider's authorized scope of practice in the 17 jurisdiction that issued the health care provider's license, permit, or certification; 18 (3) in the event that the health care provider determines that the encounter will 19 extend beyond the scope of practice or scope of services described in this section, the health 20 care provider advises the patient that the health care provider is not authorized to provide the 21 services to the patient, recommends that the patient contact a health care provider licensed in 22 the state, and terminates the encounter. 23 (b) The amount charged by a health care provider for services provided under this 24 section must be reasonable and consistent with the ordinary fees typically charged for that 25 service and may not be more than the ordinary fees typically charged for that service. A health 26 care provider who is required to terminate an encounter under (a)(3) of this section may not 27 charge for any services provided during the encounter. 28 (c) Notwithstanding any other provision of law, beginning from the effective date of 29 this Act and until July 1, 2022, the commissioner of health and social services may waive any 30 state law or regulation if compliance would substantially prevent or impede the provision of 31 health care services under this section. Nothing in this subsection may be construed to
01 abrogate authority granted to the commissioner of health and social services under 02 AS 18.15.390. 03 (d) In this section, "health care provider" has the meaning given in AS 18.15.395 and 04 includes a person that provides behavioral health care services. 05 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 BACKGROUND CHECKS; APPLICABILITY. Notwithstanding any other provision 08 of law, beginning from the effective date of this Act and until July 1, 2022, the requirement 09 for hospitals and nursing facilities to seek background checks from the Department of Health 10 and Social Services is suspended. Hospitals and nursing facilities shall provide sufficient 11 information to attest to the hiring process for all employees at the facility and confirm that a 12 background check has been conducted as part of that hiring process. 13 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).