Legislature(2015 - 2016)
2016-04-14 House Journal
Full Journal pdf2016-04-14 House Journal Page 2334 SB 74 The following was read the second time: CS FOR SENATE BILL NO. 74(FIN) am "An Act relating to diagnosis, treatment, and prescription of drugs without a physical examination by a physician; relating to the delivery of services by a licensed professional counselor, marriage and family therapist, psychologist, psychological associate, and social worker by audio, video, or data communications; relating to the duties of the State Medical Board; relating to limitations of actions; establishing the Alaska Medical Assistance False Claim and Reporting Act; relating to medical assistance programs administered by the Department of Health and Social Services; relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to accounting for program receipts; relating to public record status of records related to the Alaska Medical Assistance False Claim and Reporting Act; establishing a telemedicine business registry; relating to competitive bidding for medical assistance products and services; relating to verification of eligibility for public assistance programs administered by the Department of Health and Social Services; relating to annual audits of state medical assistance providers; relating to reporting overpayments of medical assistance payments; establishing authority to assess civil penalties for violations of medical assistance program requirements; relating to seizure and forfeiture of property for medical assistance fraud; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; relating to Alaska Pioneers' Homes and Alaska Veterans' Homes; relating to the duties of the Department of Administration; relating to the Alaska Mental Health Trust Authority; relating to feasibility studies for the provision of specified state services; amending Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, 82, and 89, Alaska Rules of Civil Procedure, and Rule 37, Alaska Rules of Criminal Procedure; and providing for an effective date." 2016-04-14 House Journal Page 2335 with the: Journal Page FIN RPT HCS(FIN) NT 2DP 4NR 5AM 2200 FN29: (ADM) 2202 FN45: (DHS) 2202 FN46: (DHS) 2202 FN47: (DHS) 2202 FN48: (DHS) 2202 FN49: (DHS) 2202 FN50: (DHS) 2202 FN51: (DHS) 2202 FN52: (DHS) 2202 FN53: (DHS) 2202 FN54: (DHS) 2202 FN55: (DHS) 2202 FN56: (DHS) 2202 FN57: (DHS) 2202 FN58: (CED) 2202 FN59: (LAW) 2202 FN60: (COR) 2202 Representative Millett moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 74(FIN) "An Act relating to diagnosis, treatment, and prescription of drugs without a physical examination by a physician; relating to the delivery of services by a licensed audiologist, speech-language pathologist, professional counselor, marriage and family therapist, psychologist, psychological associate, social worker, physical therapist, occupational therapist, and registered speech-language pathologist assistant by audio, video, or data communications; relating to the duties of the State Medical Board; relating to limitations of actions; establishing the Alaska Medical Assistance False Claim and Reporting Act; relating to medical assistance programs administered by the Department of Health and Social Services; relating to the controlled substance prescription database; relating to the duties of the Board of Pharmacy; relating to the duties of the Board of Dental Examiners; relating to the duties of the Board of Nursing; relating to the duties of the Board 2016-04-14 House Journal Page 2336 of Examiners in Optometry; relating to the duties of the Department of Commerce, Community, and Economic Development; relating to the duties of the Department of Corrections; relating to accounting for program receipts; relating to public record status of records related to the Alaska Medical Assistance False Claim and Reporting Act; establishing a telemedicine business registry; relating to verification of eligibility for public assistance programs administered by the Department of Health and Social Services; relating to annual audits of state medical assistance providers; relating to reporting overpayments of medical assistance payments; establishing authority to assess civil penalties for violations of medical assistance program requirements; relating to the duties of the Department of Health and Social Services; establishing medical assistance demonstration projects; relating to Alaska Pioneers' Homes and Alaska Veterans' Homes; relating to the duties of the Department of Administration; relating to the Alaska Mental Health Trust Authority; relating to feasibility studies for the provision of specified state services; relating to a report by the Board of Pharmacy, Board of Examiners in Optometry, Board of Dental Examiners, Board of Nursing, and State Medical Board; amending Rules 4, 5, 7, 12, 24, 26, 27, 41, 77, 79, and 82, Alaska Rules of Civil Procedure; and providing for an effective date." (HCR 30 - title change resolution) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Wilson: Page 14, following line 10: Insert a new subsection to read: "(f) Notwithstanding (e) of this section, a corporation, partnership, or other individual is not liable under this section for acts of its agents if the evidence shows that the agent or apparent agent acted with intent to deceive the principal." Page 55, following line 3: Insert a new subsection to read: "(g) AS 09.58.010(f), enacted by sec. 18 of this Act, takes effect 2016-04-14 House Journal Page 2337 only if the commissioner of health and social services certifies to the revisor of statutes, on or before October 1, 2017, that the provisions added by AS 09.58.120(f) have been found by the Office of Inspector General, United States Department of Health and Human Services, to meet the requirements of 42 U.S.C. 1396h (Social Security Act)." Page 55, following line 18: Insert a new bill section to read: "* Sec. 67. If AS 09.58.010(f), enacted by sec. 18 of this Act, takes effect, it takes effect on the day after the date the commissioner of health and social services makes a certification to the revisor of statutes under sec. 61(g) of this Act." Renumber the following bill sections accordingly. Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kawasaki objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Pruitt and Reinbold: Page 24, line 8: Delete "and" Insert "[AND]" Following "disclosure": Insert ", and may not be shared with the federal government" Page 24, line 31: Delete "federal, state," Insert "[FEDERAL,] state [,]" Page 26, line 5: Delete "and" Following "disclosure": Insert ", and may not be shared with the federal government" 2016-04-14 House Journal Page 2338 Page 26, line 30: Delete "federal, state," Insert "state" Representative Pruitt moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kito objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 74(FIN) am H Second Reading Amendment No. 2 YEAS: 34 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Herron, Hughes, Johnson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Stutes, Talerico, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool Nays: Guttenberg, Josephson, Kito, Spohnholz, Tarr Excused: Hawker And so, Amendment No. 2 was adopted. Representative Millett moved and asked unanimous consent that HCS CSSB 74(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 74(FIN) am H will advance to third reading on tomorrow's calendar.