Legislature(2015 - 2016)
04/07/2016 06:41 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| SB74 | |
| HB365 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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."
6:42:50 PM
Vice-Chair Saddler MOVED to ADOPT the proposed committee
substitute for CSSB 74, Work Draft (29-LS0692\T). There
being NO OBJECTION, it was so ordered.
JANE PIERSON, STAFF, REPRESENTATIVE STEVE THOMPSON,
reviewed the changes to the committee substitute from a
prepared statement:
Title Changes: (Pages 1-2, Lines 1-20) Changes to
conform with the changes in the bill
Sec. 1: (Pages 2-3, Lines 19-8) Adds Telehealth for
registered audiologist assistants AS 08.11.080
Sec. 2: (Page 3, Lines 13 - 28) Adds Telehealth for
licensed speech-language pathologist assistants. AS
08.11.083
Sec. 3: (Pages 3-4, Lines 25-9) Adds Telehealth for
licensed speech-language pathologist. AS 08.11.085
Sec. 5: (Page 5, Line 19-21) Requires a licensed
dentist with a federal DEA registration number to
register with the PDMP. AS 08.36.070(a).
Sec. 7: (Pages 6, Lines 27-29) Requires that a
physician with a federal DEA number register with the
controlled substance database. AS 08.64.101
Sec. 10: (Page 9, Lines 6-8) Requires that an Advanced
Nurse Practitioner with a federal DEA number register
with the controlled substance database. AS
08.68.100(a)
Sec. 11: (Page 9, Lines 14-16) Requires that an
Optometrist with a federal DEA number register with
the controlled substance database. As 08.72.060(c)
Sec. 12: (Page 10, Line 19-21) Requires a licensed
pharmacist with a federal DEA number register with the
controlled substance database. AS 08.80.030(b)
Sec. 13: (Page 10-11, Lines 22-5) Adds Telehealth
protections for licensed physical therapists and
occupational therapists. AS 08.84.120.
Sec. 18: (Page 13, Line 15) Conforming language re:
removal of seizure and forfeiture of property.
(Page 13, Lines 20-24) Allows for full reasonable
attorney fees and costs in a fraudulent claim
(Page 13, Lines 28-29) Allows for Rule 82
attorney fees for cases that do not involve fraud.
(Page 14, Line 7) Limits liability to the section
rather than chapter
(Page 14, Lines 11-12) Adds protection to the
principal in a fraud case if their agent acted with
intent to deceive the principal.
(Pages 17-18, Lines 30-3) Allows for full
reasonable attorney fees and costs in a fraudulent
claim. Allows for Rule 82 attorney fees for cases that
do not involve fraud.
(Page 19, Lines 16, 22, 24) Conforming
amendments.
Sec. 21: (Page 22, Lines 1-4) Removes references to
the Department of Commerce, Community, and Economic
Development. AS 17.30.200(a)
Sec. 22: (Page 22-23, Lines 31-2) Adds that if a
person picking up a prescription is not the person to
whom the drug was prescribed, the pharmacist shall
collect their name and date of birth. AS 17.30.200(b)
Sec 23: (Page 23, Lines 17-21) Adds that an agent of a
practitioner who has access to the PDMP must be
licensed or registered or licensed under AS 08.
(Page 23, Lines 23-27) Adds that an agent of a
pharmacist that has access to the PDMP must be
licensed or registered or licensed under AS 08.
(Page 23, Line 30) removes the word subpoena, so
that a search warrant or court order must be obtained
for law enforcement to access the PDMP.
(Page 24, Lines 26-27) Allows a practitioner
employed by the United States Indian Health Services
to access the database. AS 17.30.200(d)
Sec. 26: (Page 25, Lines 21 and 24) Removes
pharmacists from having to check the PDMP before
dispensing.
(Page 25, Lines 21-25) States that the
practitioner only, not a pharmacist has to review the
database before prescribing or dispensing schedule II
or III controlled substance, removing schedule IV.
(Page 26, Lines 4-7) adds to exceptions for
reviewing the database before dispensing:
1. 48 hours immediately before, during, or
after surgery or a medical procedure.
2. In a hospice or nursing home that has an in-
house pharmacy
3. A non-refillable prescription of a
controlled substance in a quantity intended to last
not more than three days. AS 17.30.200(h)
Sec. 27: (Pages 26-27, Lines 8-3) Sets forth that the
Department of Commerce, Community, and Economic
Development shall:
1. Assist the pharmacist board and provide
necessary staff and equipment to implement the PDMP.
· Establish fees for registration with the
database with a pharmacist or practitioner
for operational costs equally among all
required to register.
· Consult with the board to establish fees. AS
17.30.200
·
Sec. 28: (Page 27, Line 5) deletes monetary recoveries
under the Alaska Medical Assistance False Claim and
Reporting Act.
(Page 27, Lines 4-18) States the Commissioner of
DOC shall apply for medical assistance for prisoners
during a period of hospitalization outside of a
correctional facility. Allows DOC to obtain necessary
information to determine whether a prisoner is
eligible for medical assistance and that the
information obtained may only be used to apply for
assistance. AS 33.30.028
Sec. 32: (Page 28, Lines 16-17) adds security
provisions to the computerized eligibility
verification system. AS 47.05.105
Sec. 36: (Page 31) Old Section AS 47.05.260 was
deleted having to do with seizures and forfeitures.
(Page 15, Lines 23-27) Adds subsection (15) to
the reporting requirements the amount of state funds
saved as the result of policy authorizing 100 percent
federal funding provide for America Indian and Alaska
Native individuals eligible for Medicaid, and
estimated savings if the department had fully
implemented the changes in policy. AS 47.05.250
Sec. 38: (Page 37, Lines 2-4) requests that the
Department give continuing cooperation to the grant
funded community mental health clinics and drug and
alcohol treatment centers that have historically
provided care to recipients. AS 47.07.036
Sec. 39: (Page 39, Lines 5-6) Amends the coordinated
care project to include (9) innovative payment
process, including bundled payments or global
payments. AS 47.07.038
(Pages 40-41) Amends the Project Review Committee
membership.
(Page 41, Line 30) Amends third-party actuary
review of demonstration projects from one year to two
years.
Sec. 40: Reports (Pages 41 -42, Lines 27-9) 30) Adds
an additional report to require the Department to
prepare, semi-annually a report to the legislature on
the Medicaid Management Information System.
Sec. 43: (Page 42, Lines 24-30) Amends 47.25.140 which
prohibits the ability to receive public assistance
benefits while in institutions, like nursing homes or
correctional facilities.
Sec. 46: (Page 43, Line 11) Repeals section
47.07.076(c),
Sec. 47: (Pages 44-45, 30-6) Conforming language
regarding attorney fee changes.
Sec. 50: Feasibility studies removes section to study
privatization of the Alaska Pioneer Homes and select
facilities of the division of juvenile justice.
Sec. 51: (Pages 48-49, Lines 28-13) Requires a report
from medical professionals regarding recommended
guidelines for prescribing schedule II controlled
substances.
Co-Chair Thompson communicated that the committee would be
given time to digest the changes, as there were many. He
set the bill aside.
CSSB 74(FIN) am was HEARD and HELD in committee for further
consideration.
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