LAWS OF ALASKA AN ACT

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LAWS OF ALASKA 01 Source CSHB 1(FIN) Chapter No. AN ACT Relating to workers' compensation fees for medical treatment and services; relating to workers' compensation regulations; and providing for an effective date. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: THE ACT FOLLOWS ON PAGE 1 Enrolled HB 1

AN ACT 1 1 1 1 Relating to workers' compensation fees for medical treatment and services; relating to workers' compensation regulations; and providing for an effective date. * Section 1. AS.0.0(a) is amended to read: (a) All fees and other charges for medical treatment or service are subject to regulation by the board consistent with this section. A fee or other charge for medical treatment or service rendered in the state may not exceed the lowest of (1) the usual, customary, and reasonable fees for the treatment or service in the community in which it is rendered, for treatment or service provided on or after December 1, 0, not to exceed the fees or other charges as specified in the [A] fee schedules [SCHEDULE] established by the medical services review committee [BOARD] and adopted by the board [REFERENCE] in regulation; the fee schedules [SCHEDULE] must include [BE BASED ON STATISTICALLY CREDIBLE DATA, INCLUDING CHARGES FOR THE MOST RECENT -1- Enrolled HB 1

1 1 1 1 1 1 1 1 1 0 1 0 1 CATEGORY I, II, AND III MEDICAL SERVICES MAINTAINED BY THE AMERICAN MEDICAL ASSOCIATION AND THE HEALTH CARE PROCEDURE CODING SYSTEM FOR MEDICAL SUPPLIES, INJECTIONS, EMERGENCY TRANSPORTATION, AND OTHER MEDICALLY RELATED SERVICES, AND MUST RESULT IN A SCHEDULE THAT] (A) a physician fee schedule based on the federal Centers for Medicare and Medicaid Services' resource-based relative value scale; [REFLECTS THE COST IN THE GEOGRAPHICAL AREA WHERE SERVICES ARE PROVIDED; AND] (B) an outpatient and ambulatory surgical center fee schedule based on the federal Centers for Medicare and Medicaid Services' ambulatory payment classification; and (C) an inpatient hospital fee schedule based on the federal Centers for Medicare and Medicaid Services' Medicare severity diagnosis related group [IS AT THE 0TH PERCENTILE]; () the fee or charge for the treatment or service when provided to the general public; or () the fee or charge for the treatment or service negotiated by the provider and the employer under (c) of this section. * Sec.. AS.0.0 is amended by adding new subsections to read: (h) The board shall annually renew and adjust fees on the fee schedules established by the medical services review committee under (a)(1) of this section by a conversion factor established by the medical services review committee and adopted by the board in regulation. (i) A fee or other charge for medical treatment or service rendered in another state may not exceed the lowest of (1) the fee or charge for a treatment or service set by the workers' compensation statutes of the state where the service is rendered; or () the fees specified in a fee schedule under (a)(1) of this section. (j) A fee or other charge for air ambulance services rendered under this chapter shall be reimbursed at a rate established by the board and adopted in Enrolled HB 1 --

1 1 1 1 1 1 1 1 1 0 1 0 1 regulation. (k) A fee or other charge for durable medical equipment not otherwise included in a covered medical procedure under this section may not exceed the amount of the manufacturer's invoice, plus a markup specified by the board and adopted in regulation. (l) Reimbursement for prescription drugs under this chapter may not exceed the amount of the original manufacturer's invoice, plus a dispensing fee and markup specified by the board and adopted in regulation. (m) A prescription drug dispensed by a physician under this chapter shall include in a bill or invoice the original manufacturer's code for the drug from the national drug code directory published by the United States Food and Drug Administration. (n) A fee or other charge for medical treatment or service provided by a hospital licensed by the Department of Health and Social Services to operate as a critical access hospital is exempt from the fee schedules established under (a)(1) of this section. (o) The board may adjust the fee schedules established under (a)(1) of this section to reflect the cost in the geographical area where the services are provided. (p) The medical services review committee shall formulate a conversion factor and submit the conversion factor to the commissioner of labor and workforce development. If the commissioner does not approve the conversion factor, the medical services review committee shall revise the conversion factor and submit the revised conversion factor to the commissioner for approval. * Sec.. AS.0 is amended by adding a new section to article to read: Sec..0.0. Regulations. Under AS..(a)(), in adopting or amending regulations under this chapter, the department may incorporate future amended versions of a document or reference material incorporated by reference if the document or reference material is one of the following: (1) Current Procedural Terminology Codes, produced by the American Medical Association; () Healthcare Common Procedure Coding System, produced by the -- Enrolled HB 1

1 1 1 1 1 1 1 1 1 0 1 American Medical Association; () International Classification of Diseases, published by the American Medical Association; () Relative Value Guide, produced by the American Society of Anesthesiologists; () Diagnostic and Statistical Manual of Mental Disorders, produced by the American Psychiatric Association; () Current Dental Terminology, published by the American Dental Association; () Resource-Based Relative Value Scale, produced by the federal Centers for Medicare and Medicaid Services; () Ambulatory Payment Classifications, produced by the federal Centers for Medicare and Medicaid Services; or () Medicare Severity Diagnosis Related Groups, produced by the federal Centers for Medicare and Medicaid Services. * Sec.. AS.0. is amended by adding a new paragraph to read: () "medical services review committee" means the committee established under AS.0.0(j). * Sec.. Section 1 of this Act and AS.0.0(j) - (p), added by sec. of this Act, take effect July 1, 01. * Sec.. Except as provided in sec. of this Act, this Act takes effect July 1, 01. Enrolled HB 1 --