Text of AK HB 5 (2019)

HB0005a -1- HB 5 New Text Underlined [DELETED TEXT BRACKETED] 31-LS0038\A HOUSE BILL NO. 5 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION BY REPRESENTATIVE RAUSCHER Introduced: 1/7/19 Referred: Prefiled A BILL FOR AN ACT ENTITLED "An Act prohibiting the expenditure of state money on gender reassignment medical 1 procedures." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 33.30.011(a) is amended to read: 4 (a) The commissioner shall 5 (1) establish, maintain, operate, and control correctional facilities 6 suitable for the custody, care, and discipline of persons charged or convicted of 7 offenses against the state or held under authority of state law; each correctional facility 8 operated by the state shall be established, maintained, operated, and controlled in a 9 manner that is consistent with AS 33.30.015; 10 (2) classify prisoners; 11 (3) for persons committed to the custody of the commissioner, 12 establish programs, including furlough programs that are reasonably calculated to 13 (A) protect the public and the victims of crimes committed by 14 31-LS0038\A HB 5 -2- HB0005a New Text Underlined [DELETED TEXT BRACKETED] prisoners; 1 (B) maintain health; 2 (C) create or improve occupational skills; 3 (D) enhance educational qualifications; 4 (E) support court-ordered restitution; and 5 (F) otherwise provide for the rehabilitation and reformation of 6 prisoners, facilitating their reintegration into society; 7 (4) subject to AS 33.30.028(e), provide necessary 8 (A) medical services for prisoners in correctional facilities or 9 who are committed by a court to the custody of the commissioner, including 10 examinations for communicable and infectious diseases; 11 (B) psychological or psychiatric treatment if a physician or 12 other health care provider, exercising ordinary skill and care at the time of 13 observation, concludes that 14 (i) a prisoner exhibits symptoms of a serious disease or 15 injury that is curable or may be substantially alleviated; and 16 (ii) the potential for harm to the prisoner by reason of 17 delay or denial of care is substantial; and 18 (C) assessment or screening of the risks and needs of offenders 19 who may be vulnerable to harm, exploitation, or recidivism as a result of fetal 20 alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based 21 disorder; 22 (5) establish minimum standards for sex offender treatment programs 23 offered to persons who are committed to the custody of the commissioner; 24 (6) provide for fingerprinting in correctional facilities in accordance 25 with AS 12.80.060; 26 (7) establish a program to conduct assessments of the risks and needs 27 of offenders sentenced to serve a term of incarceration of 30 days or more and provide 28 to the legislature, by electronic means, by January 15, 2017, and thereafter by 29 January 15, preceding the first regular session of each legislature, a report 30 summarizing the findings and results of the program; the program must include a 31 31-LS0038\A HB0005a -3- HB 5 New Text Underlined [DELETED TEXT BRACKETED] requirement for an assessment before a prisoner's release on parole, furlough, or 1 electronic monitoring from a correctional facility; 2 (8) establish a procedure that provides for each prisoner required to 3 serve an active term of imprisonment of 30 days or more a written case plan that 4 (A) is provided to the prisoner within 90 days after sentencing; 5 (B) is based on the results of the assessment of the prisoner's 6 risks and needs under (7) of this subsection; 7 (C) includes a requirement to follow the rules of the institution; 8 (D) is modified when necessary for changes in classification, 9 housing status, medical or mental health, and resource availability; 10 (E) includes participation in programming that addresses the 11 needs identified in the assessment; 12 (9) establish a program to begin reentry planning with each prisoner 13 serving an active term of imprisonment of 90 days or more; reentry planning must 14 begin at least 90 days before release on furlough or probation or parole; the reentry 15 program must include 16 (A) a written reentry plan for each prisoner completed upon 17 release on furlough or probation or parole that includes information on the 18 prisoner's proposed 19 (i) residence; 20 (ii) employment or alternative means of support; 21 (iii) treatment options; 22 (iv) counseling services; 23 (v) education or job training services; 24 (B) any other requirements for successful transition back to the 25 community, including electronic monitoring or furlough for the period between 26 a scheduled parole hearing and parole eligibility; 27 (C) coordination with the Department of Labor and Workforce 28 Development to provide access, after release, to job training and employment 29 assistance; 30 (10) for offenders under electronic monitoring, establish 31 31-LS0038\A HB 5 -4- HB0005a New Text Underlined [DELETED TEXT BRACKETED] (A) minimum standards for electronic monitoring, which may 1 include the requirement of active, real-time monitoring using global 2 positioning systems; and 3 (B) procedures for oversight and approving electronic 4 monitoring programs and systems provided by private contractors; and 5 (11) assist a prisoner in obtaining a valid state identification card if the 6 prisoner does not have a valid state identification card before the prisoner's release; the 7 department shall pay the application fee for the identification card. 8 * Sec. 2. AS 33.30.028(a) is amended to read: 9 (a) Notwithstanding any other provision of law, the liability for payment of 10 the costs of medical, psychological, and psychiatric care provided or made available to 11 a prisoner committed to the custody of the commissioner is, subject to (b) and (e) of 12 this section, the responsibility of the prisoner and the 13 (1) prisoner's insurer if the prisoner is insured under existing individual 14 health insurance, group health insurance, or any prepaid medical coverage; 15 (2) Department of Health and Social Services if the prisoner is eligible 16 for assistance under AS 47.07 or AS 47.25.120 - 47.25.300; 17 (3) United States Department of Veterans Affairs if the prisoner is 18 eligible for veterans' benefits that entitle the prisoner to reimbursement for the medical 19 care or medical services; 20 (4) United States Public Health Service, the Indian Health Service, or 21 any affiliated group or agency if the prisoner is a Native American and is entitled to 22 medical care from those agencies or groups; and 23 (5) parent or guardian of the prisoner if the prisoner is under the age of 24 18. 25 * Sec. 3. AS 33.30.028 is amended by adding a new subsection to read: 26 (e) The department may not pay for any portion of the cost of a gender 27 reassignment medical procedure. In this subsection, "gender reassignment medical 28 procedure" means a surgery or pharmaceutical drug therapy performed or supervised 29 by a physician for the purpose of physiologically changing a person's sex. 30 * Sec. 4. AS 39.30.090(a) is amended to read: 31 31-LS0038\A HB0005a -5- HB 5 New Text Underlined [DELETED TEXT BRACKETED] (a) The Department of Administration may obtain a policy or policies of group 1 insurance covering state employees, persons entitled to coverage under AS 14.25.168, 2 14.25.480, AS 22.25.090, AS 39.35.535, 39.35.880, or former AS 39.37.145, 3 employees of other participating governmental units, or persons entitled to coverage 4 under AS 23.15.136, subject to AS 39.30.093 and the following conditions: 5 (1) a group insurance policy shall provide one or more of the following 6 benefits: life insurance, accidental death and dismemberment insurance, weekly 7 indemnity insurance, hospital expense insurance, surgical expense insurance, dental 8 expense insurance, audiovisual insurance, or other medical care insurance; 9 (2) each eligible employee of the state, the spouse and the unmarried 10 children chiefly dependent on the eligible employee for support, and each eligible 11 employee of another participating governmental unit shall be covered by the group 12 policy, unless exempt under regulations adopted by the commissioner of 13 administration; 14 (3) a governmental unit may participate under a group policy if 15 (A) its governing body adopts a resolution authorizing 16 participation and payment of required premiums; 17 (B) a certified copy of the resolution is filed with the 18 Department of Administration; and 19 (C) the commissioner of administration approves the 20 participation in writing; 21 (4) in procuring a policy of group health or group life insurance as 22 provided under this section or excess loss insurance as provided in AS 39.30.091, the 23 Department of Administration shall comply with the dual choice requirements of 24 AS 21.86.310, and shall obtain the insurance policy from an insurer authorized to 25 transact business in the state under AS 21.09, a hospital or medical service corporation 26 authorized to transact business in this state under AS 21.87, or a health maintenance 27 organization authorized to operate in this state under AS 21.86; an excess loss 28 insurance policy may be obtained from a life or health insurer authorized to transact 29 business in this state under AS 21.09 or from a hospital or medical service corporation 30 authorized to transact business in this state under AS 21.87; 31 31-LS0038\A HB 5 -6- HB0005a New Text Underlined [DELETED TEXT BRACKETED] (5) the Department of Administration shall make available bid 1 specifications for desired insurance benefits or for administration of benefit claims and 2 payments to (A) all insurance carriers authorized to transact business in this state 3 under AS 21.09 and all hospital or medical service corporations authorized to transact 4 business under AS 21.87 who are qualified to provide the desired benefits; and (B) 5 insurance carriers authorized to transact business in this state under AS 21.09, hospital 6 or medical service corporations authorized to transact business under AS 21.87, and 7 third-party administrators licensed to transact business in this state and qualified to 8 provide administrative services; the specifications shall be made available at least once 9 every five years; the lowest responsible bid submitted by an insurance carrier, hospital 10 or medical service corporation, or third-party administrator with adequate servicing 11 facilities shall govern selection of a carrier, hospital or medical service corporation, or 12 third-party administrator under this section or the selection of an insurance carrier or a 13 hospital or medical service corporation to provide excess loss insurance as provided in 14 AS 39.30.091; 15 (6) if the aggregate of dividends payable under the group insurance 16 policy exceeds the governmental unit's share of the premium, the excess shall be 17 applied by the governmental unit for the sole benefit of the employees; 18 (7) a person receiving benefits under AS 14.25.110, AS 22.25, 19 AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in 20 effect under this section at the time of termination of employment with the state or 21 participating governmental unit; 22 (8) a person electing to have insurance under (7) of this subsection 23 shall pay the cost of this insurance; 24 (9) for each permanent part-time employee electing coverage under 25 this section, the state shall contribute one-half the state contribution rate for permanent 26 full-time state employees, and the permanent part-time employee shall contribute the 27 other one-half; 28 (10) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 29 or former AS 39.37 may obtain auditory, visual, and dental insurance for that person 30 and eligible dependents under this section; the level of coverage for persons over 65 31 31-LS0038\A HB0005a -7- HB 5 New Text Underlined [DELETED TEXT BRACKETED] shall be the same as that available before reaching age 65 except that the benefits 1 payable shall be supplemental to any benefits provided under the federal old age, 2 survivors, and disability insurance program; a person electing to have insurance under 3 this paragraph shall pay the cost of the insurance; the commissioner of administration 4 shall adopt regulations implementing this paragraph; 5 (11) a person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 6 or former AS 39.37 may obtain long-term care insurance for that person and eligible 7 dependents under this section; a person who elects insurance under this paragraph 8 shall pay the cost of the insurance premium; the commissioner of administration shall 9 adopt regulations to implement this paragraph; 10 (12) each licensee holding a current operating agreement for a vending 11 facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy that 12 applies to governmental units other than the state. 13 * Sec. 5. AS 39.30.091 is amended to read: 14 Sec. 39.30.091. Authorization for self-insurance and excess loss insurance. 15 Notwithstanding AS 21.86.310 or AS 39.30.090, and subject to AS 39.30.093, the 16 Department of Administration may provide, by means of self-insurance, one or more 17 of the benefits listed in AS 39.30.090(a)(1) for state employees eligible for the benefits 18 by law or under a collective bargaining agreement and for persons receiving benefits 19 under AS 14.25, AS 22.25, AS 39.35, or former AS 39.37, and their dependents. The 20 department shall procure any necessary excess loss insurance under AS 39.30.090. 21 * Sec. 6. AS 39.30 is amended by adding a new section to read: 22 Sec. 39.30.093. Gender reassignment medical procedures not covered. The 23 Department of Administration may not provide as part of a benefit under this chapter 24 insurance coverage for a gender reassignment medical procedure. In this section, 25 "gender reassignment medical procedure" means a surgery or pharmaceutical drug 26 therapy performed or supervised by a physician for the purpose of physiologically 27 changing a person's sex. 28 * Sec. 7. AS 47.07 is amended by adding a new section to read: 29 Sec. 47.07.069. Payment for gender reassignment medical procedures 30 prohibited. Notwithstanding any other provision of this chapter, the department may 31 31-LS0038\A HB 5 -8- HB0005a New Text Underlined [DELETED TEXT BRACKETED] not pay for or reimburse the cost of a gender reassignment medical procedure. In this 1 section, "gender reassignment medical procedure" means a surgery or pharmaceutical 2 drug therapy performed or supervised by a physician for the purpose of 3 physiologically changing a person's sex. 4 * Sec. 8. AS 47.08.050 is amended to read: 5 Sec. 47.08.050. Services excluded from coverage. Annually, the committee 6 shall determine in light of appropriated funds and expected need the medical expenses 7 reimbursable under AS 47.08.010 - 47.08.140, except that the following are not 8 reimbursable: 9 (1) dentistry and optometry unless prescribed by a licensed dentist or 10 physician as medically necessary as the result of the injury or illness; 11 (2) elective medical or surgical procedures; 12 (3) drugs and medications not prescribed by a licensed physician; 13 (4) services received as a result of a pregnancy or birth without 14 unusual complications; 15 (5) private psychological or psychiatric treatment or private alcoholism 16 treatment, unless not available from public agencies or programs; 17 (6) chiropractic services and services provided by a person who 18 practices naturopathy; 19 (7) services not of a medical nature; 20 (8) medical services currently provided to persons in the custody of the 21 Department of Corrections; 22 (9) costs incurred before July 1976; 23 (10) gender reassignment medical procedures; in this paragraph, 24 "gender reassignment medical procedure" means a surgery or pharmaceutical 25 drug therapy performed or supervised by a doctor for the purpose of 26 physiologically changing a person's sex. 27 * Sec. 9. AS 47.25.120 is amended by adding a new subsection to read: 28 (b) Notwithstanding (a) of this section and the other provisions of this chapter, 29 the department may not pay for or reimburse the cost of a gender reassignment 30 medical procedure. In this subsection, "gender reassignment medical procedure" 31 31-LS0038\A HB0005a -9- HB 5 New Text Underlined [DELETED TEXT BRACKETED] means a surgery or pharmaceutical drug therapy performed or supervised by a doctor 1 for the purpose of physiologically changing a person's sex. 2