Alaska 2025-2026 Regular Session

Alaska Senate Bill SB45 Compare Versions

Only one version of the bill is available at this time.

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2	2	SB0045A -1- SB 45
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5	5	34-LS0146\A
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11	11	SENATE BILL NO. 45
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY SENATOR DUNBAR
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19	19	Introduced: 1/17/25
20	20	Referred: Prefiled
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to medical assistance services; relating to parity in mental health and 1
28	28	substance use disorder coverage in the state medical assistance program; and providing 2
29	29	for an effective date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 47.07.030 is amended by adding a new subsection to read: 5
32	32	(i) In providing the services required under this section, the department shall 6
33	33	comply with the mental health or substance use disorder benefit requirements 7
34	34	established under 26 U.S.C. 9812, 29 U.S.C. 1185a, and 42 U.S.C. 300gg-26. 8
35	35	* Sec. 2. AS 47.07 is amended by adding a new section to read: 9
36	36	Sec. 47.07.033. Parity in mental health and substance use disorder 10
37	37	benefits. The commissioner of health shall implement and ensure compliance with the 11
38	38	provisions of 26 U.S.C. 9812, 29 U.S.C. 1185a, and 42 U.S.C. 300gg-26 that are 12
39	39	applicable to the state medical assistance program, including 13
40	40	(1) evaluating all consumer and provider complaints regarding mental 14 34-LS0146\A
41	41	SB 45 -2- SB0045A
42	42	New Text Underlined [DELETED TEXT BRACKETED]
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44	44	health and substance use disorder coverage for possible parity violations; 1
45	45	(2) performing parity compliance examinations on nonquantitative 2
46	46	treatment limitations, including prior authorization, concurrent review, retrospective 3
47	47	review, step therapy time-based treatment plans, network admission standards, 4
48	48	reimbursement rates, and geographic restrictions; and 5
49	49	(3) conducting comparative analyses of how the state medical 6
50	50	assistance program designs and applies nonquantitative treatment limitations, as 7
51	51	written and in operation, for mental health and substance use disorder coverage and 8
52	52	medical and surgical benefits. 9
53	53	* Sec. 3. AS 47.07.076 is amended by adding a new subsection to read: 10
54	54	(d) The department shall submit an annual report on mental health and 11
55	55	substance use disorder coverage parity in the state medical assistance program to the 12
56	56	senate secretary and the chief clerk of the house of representatives on or before 13
57	57	March 1 and shall notify the legislature that the report is available. The report must 14
58	58	(1) describe the processes used to develop or select the medical 15
59	59	necessity criteria for mental health and substance use disorder benefits and for medical 16
60	60	and surgical benefits; 17
61	61	(2) identify all nonquantitative treatment limitations that are applied to 18
62	62	mental health and substance use disorder benefits and medical and surgical benefits 19
63	63	within each classification of benefits; 20
64	64	(3) analyze whether the medical necessity criteria and nonquantitative 21
65	65	treatment limitations applied to mental health and substance use disorder benefits are 22
66	66	comparable to the medical necessity criteria and nonquantitative treatment limitations 23
67	67	for medical and surgical benefits, and whether the criteria and limitations are applied 24
68	68	more stringently to mental health and substance use disorder benefits than to medical 25
69	69	and surgical benefits within the corresponding classification of benefits; at a 26
70	70	minimum, the results of the analysis must 27
71	71	(A) identify the factors used to determine when a 28
72	72	nonquantitative treatment limitation will apply to a benefit, including factors 29
73	73	that were considered but rejected; 30
74	74	(B) identify and define the specific evidentiary standards use
75	75	d 31 34-LS0146\A
76	76	SB0045A -3- SB 45
77	77	New Text Underlined [DELETED TEXT BRACKETED]
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79	79	to define the factors and any other evidence relied on in designing each 1
80	80	nonquantitative treatment limitation; 2
81	81	(C) provide the comparative analyses, including the results of 3
82	82	the analyses, performed to determine whether processes and strategies used to 4
83	83	design each nonquantitative treatment limitation, as written and in operation, 5
84	84	applied to mental health and substance use disorder benefits are comparable to 6
85	85	and are not applied more stringently than the processes and strategies used to 7
86	86	design each nonquantitative treatment limitation to medical and surgical 8
87	87	benefits; and 9
88	88	(D) disclose the specific findings and conclusions reached by 10
89	89	the department that indicate whether the state medical assistance program is in 11
90	90	compliance with this section, 26 U.S.C. 9812, 29 U.S.C. 1185a, and 42 U.S.C. 12
91	91	300gg-26. 13
92	92	* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 14
93	93	read: 15
94	94	REPORT TO LEGISLATURE. Not later than March 1, 2026, the commissioner of 16
95	95	health shall prepare and submit a report to the senate secretary and the chief clerk of the house 17
96	96	of representatives and notify the legislature that the report is available. The report must 18
97	97	(1) explain the methodology used by the commissioner to determine 19
98	98	compliance with 26 U.S.C. 9812, 29 U.S.C. 1185a, and 42 U.S.C. 300gg-26; 20
99	99	(2) identify market examinations conducted or completed during the preceding 21
100	100	12-month period regarding compliance with parity in mental health and substance use 22
101	101	disorder benefits under state and federal laws and summarize the results of the market conduct 23
102	102	examinations; 24
103	103	(3) detail any educational or corrective actions the commissioner has taken to 25
104	104	ensure compliance with 26 U.S.C. 9812, 29 U.S.C. 1185a, and 42 U.S.C. 300gg-26; 26
105	105	(4) be written in nontechnical, readily understandable language; and 27
106	106	(5) be posted on the publicly available Internet website of the Department of 28
107	107	Health and be made available to the public through any other means the commissioner finds 29
108	108	appropriate. 30
109	109	* Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 34-LS0146\A
110	110	SB 45 -4- SB0045A
111	111	New Text Underlined [DELETED TEXT BRACKETED]
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113	113	read: 1
114	114	MEDICAID STATE PLAN. The Department of Health shall submit, as necessary for 2
115	115	approval by the United States Department of Health and Human Services, amendments to the 3
116	116	state plan under AS 47.07.040 to comply with the requirements of the mental health or 4
117	117	substance use disorder benefits established under 26 U.S.C. 9812, 29 U.S.C. 1185a, and 42 5
118	118	U.S.C. 300gg-26. 6
119	119	* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 7
120	120	read: 8
121	121	CONDITIONAL EFFECT; NOTIFICATION. (a) Sections 1 - 4 of this Act take effect 9
122	122	only if, and to the extent that, the United States Department of Health and Human Services 10
123	123	approves amendments submitted in accordance with sec. 5 of this Act on or before 11
124	124	December 31, 2025. 12
125	125	(b) The commissioner of health shall notify the revisor of statutes in writing within 30 13
126	126	days after the United States Department of Health and Human Services approves amendments 14
127	127	to the state plan. 15
128	128	* Sec. 7. If secs. 1 - 4 of this Act take effect, they take effect the day after the United States 16
129	129	Department of Health and Human Services approves the amendments to the state plan under 17
130	130	sec. 6 of this Act. 18