Legislature(1995 - 1996)
1995-03-15 House JournalFull Journal pdf
1995-03-15 House Journal Page 0743 HB 259 HOUSE BILL NO. 259 by the House Rules Committee by request of the Governor, entitled: "An Act providing for a statewide data reporting system for health care facilities; establishing civil penalties for failure to report required data to that system; establishing the Alaska Health Care Facility Data Reporting System Advisory Council; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal notes (2), Dept. of Health & Social Services, 3/15/95 The Governor's transmittal letter, dated March 7, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill establishing the Alaska Health Care Facility Data Reporting System. The bill provides for the development, implementation, and operation of a new statewide health care facility data collection and reporting system. This system will help to ensure that there is sufficient knowledge about Alaska's health care delivery system to improve health care planning, to assist public health monitoring, and to adequately understand, and determine appropriate actions to respond to, Alaska's specific health care needs. The system also will facilitate prudent spending of state resources on health care needs. 1995-03-15 House Journal Page 0744 HB 259 Section 1 of the bill would create a new chapter at AS 18.24. Proposed AS18.24.010 would establish the Alaska Health Care Facility Data Reporting System (system), to be implemented by the Department of Health and Social Services (department). The bill would give the department broad authority to adopt regulations to implement the chapter. The bill requires the commissioner to establish a seven-member advisory council, comprised of departmental personnel and individual representatives of health care providers, to assist the department in implementing certain aspects of the system. The bill addresses participation of certain health care facilities in the system. Voluntary facility participation in the system is encouraged, but participation can be mandated if voluntary participation does not meet specific thresholds. Mandatory participation of specified health care facilities is required by July1, 1997. Only facilities licensed by the department as acute care hospitals, specialized hospitals, and ambulatory surgical centers are affected. In general, these facilities must submit data to the department respecting inpatient discharges and outpatient visits. The department must specify the format, time for submission, and type of data. Access to public records also is addressed, by proposed AS18.24.800. Data obtained and created under AS18.24 generally would be subject to disclosure under the public records law (AS09.25.110 - 09.25.120). However, information and data that identifies or is capable of identifying a recipient of health care services is confidential. Also, information of a proprietary nature, such as individual hospital costs and charges for procedures, also must be kept confidential. The state, its agents and employees, members of the advisory council, health care facilities and their employees, and others are immune for certain acts or omissions in the execution of authorized activities under AS 18.24, but immunity is expressly excluded for reckless or intentional misconduct. Proposed AS18.24.820 provides for a civil penalty. The failure to submit data can result in a civil penalty, subject to a $5,000 maximum per calendar year. Under sec. 4 of the bill, the department is charged with conducting a feasibility study respecting the collection of health care data from physician offices, long-term care facilities, and other appropriate health care providers or facilities. The report is due July1, 1997. 1995-03-15 House Journal Page 0745 HB 259 I urge your favorable consideration of this bill. Sincerely, /s/ Tony Knowles Governor"