00               HOUSE CS FOR CS FOR SENATE BILL NO. 3006(HSS)                                                            
01 "An Act relating to utilization review requirements; making temporary changes to state                                  
02 law in response to the novel coronavirus disease; relating to telemedicine and telehealth;                              
03 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 enhance                               
08 the state's ongoing efforts to reduce the spread of the novel coronavirus disease (COVID-19).                           
09    * Sec. 2. AS 21.06.080 is amended by adding a new subsection to read:                                              
10 (f)  During a recognized federal or state public health disaster or emergency,                                          
11 the director may order health care insurers to waive utilization review requirements,                                   
12 including preauthorization requirements for medical services, concurrent review for                                     
13 inpatient hospital services, retrospective review of inpatient and outpatient services,                                 
14 emergency services and payment of claims, and requirements for placements of policy                                     

01 holders in postacute facilities. In this subsection, "utilization review" has the meaning                               
02       given in AS 21.07.250.                                                                                            
03    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05 TELEMEDICINE AND TELEHEALTH. (a) Notwithstanding any other provision of                                                 
06 law, the provisions of AS 08.64.170 and AS 08.68.160 do not apply to a health care provider                             
07 that is providing treatment, rendering a diagnosis, or prescribing, dispensing, or administering                        
08 a prescription, excluding a controlled substance listed in AS 11.71.140 - 11.71.190, through                            
09 telehealth as defined in AS 47.05.270(e), without first conducting an in-person physical                                
10 examination, if                                                                                                         
11 (1)  the health care provider is licensed, permitted, or certified to provide                                           
12 health care services in another jurisdiction and is in good standing in the jurisdiction that                           
13 issued the license, permit, or certification;                                                                           
14 (2)  the health care services provided without an in-person physical                                                    
15 examination are within the health care provider's authorized scope of practice in the                                   
16 jurisdiction that issued the health care provider's license, permit, or certification;                                  
17 (3)  in the event that the health care provider determines that the encounter will                                      
18 extend beyond the scope of practice or scope of services described in this section, the health                          
19 care provider advises the patient that the health care provider is not authorized to provide the                        
20 services to the patient, recommends that the patient contact a health care provider licensed in                         
21 the state, and terminates the encounter.                                                                                
22 (b)  The amount charged by a health care provider for services provided under this                                      
23 section must be reasonable and consistent with the ordinary fees typically charged for that                             
24 service and may not be more than the ordinary fees typically charged for that service. A health                         
25 care provider that is required to terminate an encounter under (a)(3) of this section may not                           
26 charge for any services provided during the encounter.                                                                  
27 (c)  In this section, "health care provider" has the meaning given in AS 18.15.395 and                                  
28 includes a person that provides behavioral health care services.                                                        
29    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
30 read:                                                                                                                   
31 BACKGROUND CHECKS; APPLICABILITY. (a) Notwithstanding any other                                                         

01 provision of law, a hospital or nursing facility may employ a person without obtaining a                                
02 background check from the Department of Health and Social Services if the hospital or                                   
03 nursing facility                                                                                                        
04            (1)  provides sufficient information to the Department of Health and Social                                  
05 Services attesting to the hiring process for each person employed at the facility and confirms                          
06 that a background check has been conducted as part of the hiring process; and                                           
07            (2)  not later than July 1, 2022, obtains a background check from the                                        
08 Department of Health and Social Services for each person hired by the hospital or nursing                               
09 facility between the effective date of this Act and July 1, 2022.                                                       
10 (b)  Notwithstanding any other provision of law, a public home care provider                                            
11 described in AS 47.05.017 or a provider of home and community-based waiver services                                     
12 financed under AS 47.07.030(c) may employ a person without obtaining a background check                                 
13 from the Department of Health and Social Services if the provider                                                       
14            (1)  has 200 or more employees;                                                                              
15 (2)  obtains approval from the Department of Health and Social Services of the                                          
16 provider's pre-employment vetting system, which must include proof that a valid fingerprint-                            
17 based background check that is substantially similar to a background check required under 7                             
18 AAC 10.910(a) is conducted as part of the hiring process; and                                                           
19 (3)  not later than July 1, 2022, obtains a background check from the                                                   
20 Department of Health and Social Services for each person hired by the provider between the                              
21 effective date of this Act and July 1, 2022.                                                                            
22    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24 NOTIFICATION TO REVISOR OF STATUTES. The commissioner of health and                                                     
25 social services shall notify the revisor of statutes in writing when the New Alaska Background                          
26 Check System (NABCS) is online and functional.                                                                          
27    * Sec. 6. Sections 3 and 4(a) of this Act are repealed July 1, 2022.                                               
28    * Sec. 7. Section 4(b) of this Act is repealed on the earlier of                                                   
29 (1)  the date the commissioner of health and social services notifies the revisor                                       
30 of statutes in writing under sec. 5 of this Act that the New Alaska Background Check System                             
31 (NABCS) is online and functional; or                                                                                    

01            (2)  July 1, 2022.                                                                                           
02    * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).