reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.042. Access to health care records.

(a) The department may, during reasonable business hours, inspect health care records maintained by physicians and other health care professionals, hospitals, out-patient clinics, nursing homes, and other facilities or agencies providing health care services to patients that would identify patients or establish characteristics of an identified patient with cancer required to be reported under 42 U.S.C. 280e - 280e-4, or a birth defect or infectious disease required to be reported to protect the public health under this chapter and regulations adopted under this chapter. Disclosure of these health care records to the department does not constitute a breach of patient confidentiality.
(b) The department may conduct research using health care data reported under (a) of this section. The department may provide data obtained under (a) of this section to other persons for clinical, epidemiological, or other public health research.
(c) Data obtained or a record inspected under this section that identifies a particular individual
(1) is confidential;
(2) may not be further disclosed to other persons except by the department under (b) of this section; and
(3) is not subject to inspection or copying under AS 40.25.110 - 40.25.125.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.061. Penalty for violation.

A person who violates a provision of AS 18.05.040 or 18.05.042 or a regulation adopted under AS 18.05.040 or 18.05.042 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500, or by imprisonment for not more than one year. Each day that a person continues a violation is a separate offense.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.065. Dental radiological equipment.

This chapter does not authorize the department to register, inspect, test, or otherwise regulate dental radiological equipment or records relating to dental radiological equipment regulated by the Board of Dental Examiners under AS 08.36.075.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 05. Administration of Public Health and Related Laws › Sec. 18.05.070. Definitions.

In this chapter,
(1) “commissioner” means the commissioner of health;
(2) “condition of public health importance” means a disease, syndrome, symptom, injury, or other threat to health that is identifiable on an individual or community level and can reasonably be expected to lead to adverse health effects in the community;
(3) “department” means the Department of Health.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.031. Certificate of need required; relocations.

(a) Except as provided in (c) and (d) of this section, a person may not make an expenditure of $1,000,000 or more for any of the following unless authorized under the terms of a certificate of need issued by the department:
(1) construction of a health care facility;
(2) alteration of the bed capacity of a health care facility; or
(3) addition of a category of health services provided by a health care facility.
(b) Notwithstanding the expenditure threshold in (a) of this section, a person may not convert a building or part of a building to a nursing home that requires licensure as a nursing facility under AS 47.32 unless authorized under the terms of a certificate of need issued by the department.
(c) Notwithstanding (a) of this section, a person who is lawfully operating a health care facility that is an ambulatory surgical facility at a site may make an expenditure of any amount in order to relocate the services of that facility to a new site in the same community without obtaining a certificate of need as long as neither the bed capacity nor the number of categories of health services provided at the new site is greater.
(d) Beginning July 1, 2005, the $1,000,000 expenditure threshold in (a) of this section is increased by $50,000 annually on July 1 of each year up to and including July 1, 2014.
(e) In (a) of this section, “expenditure” includes the purchase of property occupied by or the equipment required for the health care facility and the net present value of a lease for space occupied by or the equipment required for the health care facility; “expenditure” does not include costs associated with routine maintenance and replacement of equipment at an existing health care facility.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.035. Application and fees.

(a) Application for a certificate of need shall be made to the department upon a form provided by the department and must contain the information the department requires to reach a decision under this chapter. Each application for a certificate of need must be accompanied by an application fee established by the department by regulation.
(b) The department may require a person who intends to submit an application under (a) of this section to submit a letter of intent to the department, except in the case of an application for an emergency or temporary certificate of need authorized under AS 18.07.071.
(c) The department shall notify the applicant in writing when the application is complete under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.041. Standard of review for applications for certificates of need relating to non-nursing home beds and services.

The department shall grant a sponsor a certificate of need or modify a certificate of need that authorizes beds other than nursing home beds or that is for a health care facility other than a nursing home if the availability and quality of existing health care resources or the accessibility to those resources is less than the current or projected requirement for health services required to maintain the good health of citizens of this state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.043. Standard of review for applications for certificates of need relating to nursing homes, nursing home beds, and residential psychiatric treatment centers.

(a) The department shall develop review standards for an application for a certificate of need, or for a modification of a certificate of need, issued under this chapter for a health care facility that is a nursing home or residential psychiatric treatment center, or that has nursing home beds.
(b) In developing the review standards under (a) of this section, the department shall consider whether
(1) a public process and existing appropriate statewide, regional, and local plans were included in planning and designing the residential psychiatric treatment center, the additional nursing home beds, or the nursing home;
(2) the residential psychiatric treatment center, the additional nursing home beds, or the nursing home meets minimum required use rates for, as applicable, the residential psychiatric treatment center or new nursing beds, and the effect on use rates for existing nursing home beds;
(3) the residential psychiatric treatment center, the facility proposing additional nursing home beds, or the nursing home demonstrates consideration of the community, regional, and statewide needs for, as applicable, the residential psychiatric treatment center or the new nursing home beds;
(4) the residential psychiatric treatment center, the additional nursing home beds, or the nursing home meets the minimum number of, as applicable, residential psychiatric treatment beds or new nursing beds that should be required in a facility to ensure efficiency and economies of scale;
(5) the residential psychiatric treatment center, the facility proposing additional nursing home beds, or the nursing home demonstrates the proposed service will provide a quality of care equivalent to existing community, regional, or statewide services;
(6) the residential psychiatric treatment center, the facility proposing additional nursing home beds, or the nursing home demonstrates financial feasibility, including long-term viability, and what the financial effect will be on consumers and the state; and
(7) the sponsor has demonstrated cost effectiveness through considering the availability of appropriate, less costly alternatives of providing the services planned.
(c) The department shall grant a sponsor a certificate of need or modify a certificate of need that authorizes a residential psychiatric treatment center or nursing home beds, or that is for a health care facility that is a nursing home, if the department finds that the sponsor meets the standards established in or under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.045. Time standards for review of applications for certificates of need.

(a) The following time standards apply for a review by the department of an application for a certificate of need under this chapter:
(1) the department may defer commencement of the review process under this chapter for an application for a period not to exceed 60 days after the determination that the application is complete in order to allow the department to receive and consider concurrent applications from each person who has submitted a letter of intent to submit an application proposing an activity that is similar to the activity proposed by the application in the geographic area;
(2) the department shall review the application made under this chapter and submit an analysis and recommendation to the commissioner within 60 days after the date that notification under AS 18.07.035(c) is sent to the applicant stating that the application is complete.
(b) The commissioner may extend the time periods set out in (a) of this section for not more than 30 days for any of the following reasons:
(1) the applicant amends the application under this chapter;
(2) the department requests an extension of time within which to prepare its findings and recommendations on the application; the commissioner may grant only one extension under this paragraph.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.061. Modification and termination of activities.

The certificate holder shall apply to the department for a modification of the certificate before terminating part of the activities authorized by the terms of issuance, but the certificate holder is not required to obtain the acquiescence of the department before terminating all the activities authorized by the certificate. If a certificate holder terminates all of the activities authorized by a certificate, the certificate holder is required to notify the department 60 days before termination and to surrender the certificate to the department within 30 days of termination.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.071. Temporary and emergency certificates.

(a) The department shall grant a sponsor an emergency certificate for the construction of a health care facility for which a certificate is required under AS 18.07.031 if the sponsor shows, by affidavit or formal hearing, that the act of construction consists of effecting emergency repairs.
(b) The department may grant a sponsor a temporary certificate for the temporary operation of a category of health service if the sponsor shows by affidavit or formal hearing
(1) the necessity for early, immediate, or temporary relief; and
(2) adverse effect to the public interest by reason of delay occasioned by compliance with the requirements of AS 18.07.041, 18.07.043, and application procedures prescribed by regulations under this chapter.
(c) A temporary certificate granted under (b) of this section does not confer vested rights on behalf of the applicant. The department shall impose those special limitations and restrictions concerning duration and right of extension that the department considers appropriate. A temporary certificate may not be granted for a period longer than necessary for the sponsor to obtain review of the action certified by the temporary certificate under AS 18.07.051. Application for a certificate of need under AS 18.07.041 or 18.07.043 must commence within 60 days of the date of issuance of the temporary certificate.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.081. Proceedings for modification, suspension, and revocation.

(a) The department, a member of the public who is substantially affected by activities authorized by the certificate, or another applicant for a certificate of need may initiate a hearing conducted by the office of administrative hearings (AS 44.64.010) to obtain modification, suspension, or revocation of an existing certificate of need by filing an accusation with the commissioner as prescribed under AS 44.62.360. A revocation, modification, or suspension of an outstanding certificate may not be undertaken unless it is in accordance with AS 44.62.330 - 44.62.630.
(b) The certificate holder may obtain modification of an existing certificate by utilizing the application procedure enumerated in regulations adopted under this chapter.
(c) A certificate of need shall be suspended if an accusation is filed before the commencement of activities authorized under AS 18.07.041 or 18.07.043 that charges that factors upon which the certificate of need was issued have changed or new factors have been discovered that significantly alter the need for the activity authorized. A suspension of a certificate may not exceed 60 days. At the end of this period or sooner, the department shall revoke or reinstate the certificate.
(d) A certificate of need may be revoked if
(1) the sponsor has not shown continuing progress toward commencement of the activities authorized under AS 18.07.041 or 18.07.043 after six months of issuance;
(2) the applicant fails, without good cause, to complete activities authorized by the certificate;
(3) the sponsor fails to comply with the provisions of this chapter or regulations adopted under this chapter;
(4) the sponsor knowingly misrepresents a material fact in obtaining the certificate;
(5) the facts charged in an accusation filed under (c) of this section are established; or
(6) the sponsor fails to provide services authorized by the terms of the certificate.
(e) A person may not file an accusation seeking suspension or revocation of a certificate of need under this section, knowing that the charges stated in the accusation are untrue or that the charges do not constitute grounds for revocation or suspension under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.091. Injunctive relief; penalties; right of action.

(a) Injunctive relief against violations of this chapter or regulations adopted under this chapter may be obtained from a court of competent jurisdiction at the instance of the commissioner, a holder of a certificate of need who is adversely affected in the exercise of the activities conducted in violation of the certificate, or any member of the public substantially and adversely affected by the violation. Upon written request by the commissioner, the attorney general shall furnish legal services and pursue the action for injunctive relief to an appropriate conclusion.
(b) A person who files an accusation seeking suspension or revocation of a certificate of need, knowing that the charges are untrue or that the charges do not constitute grounds for revocation or suspension under this chapter, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000. The sponsor or holder of a certificate of need injured by the violation of AS 18.07.081(e) may recover damages for loss incurred by reason of delay caused by a suspension.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 07. Certificate of Need Program › Sec. 18.07.101. Regulations.

The commissioner shall adopt, in accordance with AS 44.62 (Administrative Procedure Act), regulations that establish procedures under which sponsors may make application for certificates of need required by this chapter and that govern the review of those applications by the department, establish requirements for a uniform statewide system of reporting financial and other operating data, and otherwise carry out the purposes of this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.010. Administration.

The department is responsible for the development, implementation, and maintenance of a statewide comprehensive emergency medical services system and, accordingly, shall
(1) coordinate public and private agencies engaged in the planning and delivery of emergency medical services, including trauma care, to plan an emergency medical services system;
(2) assist public and private agencies to deliver emergency medical services, including trauma care, through the award of grants in aid;
(3) conduct, encourage, and approve programs of education and training designed to upgrade the knowledge and skills of health personnel involved in emergency medical services, including trauma care;
(4) establish and maintain a process under which hospitals and clinics could represent themselves to be trauma centers because they voluntarily meet criteria adopted by the department; criteria adopted by the department to implement this paragraph must be based on an applicable national evaluation system.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.015. Patient information system.

(a) The department may establish an emergency medical services patient care information system. If the department collects information on emergency medical services patient care, the department shall establish a format for the data collection. The purpose of the system is to
(1) collect data on the incidence, severity, and causes of trauma injuries;
(2) integrate this data on trauma injuries with information available from other public and private sources on trauma injuries; and
(3) improve the delivery of prehospital and hospital emergency medical services.
(b) A person, organization, or government agency that provides a prehospital emergency medical service through a certificate issued under this chapter shall participate in the system by making available to the department the minimum data requested in a format that is compatible with the format developed by the department to implement (a) of this section. The minimum data must include the
(1) type of medical emergency or nature of the call;
(2) response time; and
(3) prehospital treatment provided.
(c) A hospital that provides emergency medical services shall make available to the department an abstract of the records of all patients admitted to the hospital's trauma and general surgery services for trauma care. The abstracts must be in a format that is compatible with the format developed by the department under (a) of this section.
(d) The department shall consult with the Alaska Council on Emergency Medical Services in designing, implementing, and revising the system.
(e) The department may delegate the responsibility for collecting data under this section to other public agencies or to private persons on contract to the department.
(f) In this section, “system” means the emergency medical services patient care information system established under this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.030. Composition.

The council consists of 11 members appointed by the governor. The governor shall provide for appropriate geographical distribution in the appointments and shall appoint
(1) two members who are physicians with experience in emergency medicine or trauma care;
(2) one member who is a registered nurse with experience in emergency nursing;
(3) three members who are active as prehospital emergency care providers, at least one of whom resides in a community that is not connected by land or marine highway, or a combination of land and marine highway, to a community in which a hospital is located; in this paragraph, “highway” has the meaning given in AS 28.90.990;
(4) one member who is an emergency medical services administrator;
(5) one member who is an administrator of a hospital or Native health care organization; and
(6) three members who are consumers of emergency medical services who each reside in a different judicial district in the state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.040. Term of office.

(a) Members of the council shall be appointed for staggered terms of four years.
(b) [Repealed, § 27 ch 36 SLA 1993.]
(c) A vacancy occurring in the membership of the council shall be filled by appointment by the governor in the same manner as original appointments, and when a seat is vacated before expiration of a term, the vacancy shall be filled for the unexpired portion of the vacated term.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.075. Authority of emergency medical technician and mobile intensive care paramedic.

(a) An emergency medical technician or mobile intensive care paramedic who responds to an emergency with an ambulance service or first responder service, who has in the technician's or mobile intensive care paramedic's possession a current emergency medical technician or mobile intensive care paramedic identification card, and who provides emergency medical care or other emergency medical service, has the authority to
(1) control and direct activities at the accident site or emergency until the arrival of law enforcement personnel;
(2) order a person other than the owner to leave a building or place in the vicinity of the accident or other emergency for the purpose of protecting the person from injury;
(3) temporarily block a public highway, street, or private right-of-way while at the scene of an accident, illness, or emergency;
(4) trespass upon property at or near the scene of an accident, illness, or emergency at any time of day or night;
(5) enter a building, including a private dwelling, or premises where a report of an injury or illness has taken place or where there is a reasonable cause to believe an individual has been injured or is ill to render emergency medical care; and
(6) direct the removal or destruction of a motor vehicle or other thing that the emergency medical technician or mobile intensive care paramedic determines is necessary to prevent further harm to injured or ill individuals.
(b) A person who knowingly refuses to comply with an order of an emergency medical technician or mobile intensive care paramedic authorized under (a) of this section is, upon conviction, guilty of a class B misdemeanor. In this subsection, “knowingly” has the meaning given in AS 11.81.900(a).
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.080. Regulations.

(a) The department shall adopt, with the concurrence of the Department of Public Safety, regulations establishing standards and procedures for the issuance, renewal, reissuance, revocation, and suspension of certificates or licenses required under AS 18.08.084, as well as other regulations necessary to carry out the purposes of this chapter.
(b) The department may charge fees set by regulation for the certification or licensure of individuals and organizations under this chapter.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.082. Issuance of certificates and licenses; designations.

(a) The department shall prescribe by regulation a course of training or other requirements prerequisite to the issuance of certificates or licenses that provide for the following:
(1) certification of a person who meets the training and other requirements as an emergency medical technician, emergency medical technician instructor, or emergency medical dispatcher;
(2) authorization for an emergency medical technician certified under this chapter to provide under the written or oral direction of a physician the advanced life support services enumerated on the certificate or enumerated on a written document filed with the department by the technician's medical director and approved by the department under its regulations;
(3) certification that a person, organization, or government agency that provides an emergency medical service, conducts a training course for a mobile intensive care paramedic, or represents itself as a trauma center meets the minimum standards prescribed by the department for that service, course, or designation;
(4) authorization for an emergency medical service certified under this chapter to provide under the written or oral direction of a physician the advanced life support services enumerated on the certificate or enumerated on a written document filed with the department by the medical director for the emergency medical service and approved by the department under its regulations; and
(5) licensure of a mobile intensive care paramedic and the medical services that a mobile intensive care paramedic may perform, including the
(A) educational and other qualifications, which may include education in pain management and opioid use and addiction;
(B) application and licensing procedures;
(C) scope of activities authorized; and
(D) responsibilities of a supervising or training physician.
(b) The department is the central certifying and licensing agency for a person, organization, or governmental agency that is certified or licensed under (a) of this section and under regulations adopted under AS 18.08.080.
(c) The commissioner shall establish special designations in regulation for varying levels of trauma care provided by any certified trauma center in the state that shall be used to set compensation eligibility and amounts under AS 18.08.085. The designations shall be based on nationally recognized standards and procedures.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.084. Certificate required.

(a) One may not represent oneself, nor may an agency or business represent an agent or employee of that agency or business, as an emergency medical dispatcher, emergency medical technician, mobile intensive care paramedic, or emergency medical technician instructor certified or licensed by the state unless the person represented is certified or licensed for that occupation under AS 18.08.082.
(b) A person, organization, or government agency may not represent itself as an emergency medical service or ambulance service certified by the state unless the person, organization, or government agency is certified as an emergency medical service under AS 18.08.082.
(c) A person may not provide, offer, or advertise to provide advanced life support services outside a hospital unless authorized by law.
(d) A person, organization, or government agency that provides, offers, or advertises to provide an emergency medical service may not provide advanced life support services unless authorized under AS 18.08.082.
(e) A hospital, clinic, or other entity may not represent itself as being a trauma center unless it is certified under AS 18.08.082 as meeting the criteria established for a trauma center.
(f) A person, organization, or government agency may not offer or conduct a training course that is represented as a course for mobile intensive care paramedics unless the person, organization, or agency is certified under AS 18.08.082 to offer or conduct that course.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.085. Trauma care fund; creation.

(a) The trauma care fund is created. The purpose of the fund is to compensate certified trauma centers in the state that receive a special designation under AS 18.08.082(c) and that achieve or maintain the highest appropriate level of trauma care designation.
(b) The fund consists of money appropriated to it by the legislature, including donations, recoveries of or reimbursements for awards made from the fund, income from the fund, and other program receipts from activities under this chapter. Appropriations to the fund do not lapse.
(c) The commissioner shall administer the fund in accordance with the provisions of this chapter. The commissioner shall spend money from the trauma care fund for the purpose established in (a) of this section.
(d) The commissioner shall establish compensation standards under this section. The standards must include funding priorities for trauma centers receiving a special designation under AS 18.08.082(c). The commissioner may seek the advice of a special committee for review of statewide trauma care and compensation standards.
(e) The commissioner may not provide more than 25 percent of the total assets, including earnings, of the fund in a fiscal year to one trauma center.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.087. Disclosure of medical records.

When requested for the purpose of evaluating the performance of an emergency medical technician, mobile intensive care paramedic, or physician who provided emergency medical care or other assistance to a sick or injured person, a licensed physician, advanced practice registered nurse, or physician assistant may disclose to an emergency medical technician, a mobile intensive care paramedic, or physician the medical or hospital records of a sick or injured person to whom the paramedic, technician, or physician is providing or has rendered emergency medical care or assistance. However, the disclosing physician, advanced practice registered nurse, or physician assistant shall limit disclosure under this section to the records that are considered necessary by the discloser for evaluation of the paramedic's, technician's, or physician's performance in providing the emergency medical care or assistance. A mobile intensive care paramedic, emergency medical care technician, or physician to whom confidential records are disclosed under this section may not further disclose the information to a person not entitled to receive that information under this section or another law.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.088. Penalty.

A person who violates a provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both. Each violation is a separate offense.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.095. Air ambulance service.

An air ambulance service provider that provides air ambulance services to an individual covered under an air ambulance membership agreement with the provider may not deny emergency medical services to any person on the basis that the person is not covered under an air ambulance membership agreement. In this section, “air ambulance membership agreement” and “air ambulance service provider” have the meanings given in AS 21.61.110.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 08. Emergency Medical Services › Sec. 18.08.100. Telehealth.

(a) An individual certified or licensed under this chapter may practice within the individual's authorized scope of practice under this chapter through telehealth with a patient in this state if the individual's certification or license is in good standing.
(b) If an individual certified or licensed under this chapter determines in the course of a telehealth encounter with a patient that some or all of the encounter will extend beyond the individual's authorized scope of practice, the individual shall advise the patient that the individual is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the individual is not authorized to provide, and limit the encounter to only those services the individual is authorized to provide. The individual certified or licensed under this chapter may not charge for any portion of an encounter that extends beyond the individual's authorized scope of practice.
(c) A fee for a service provided through telehealth under this section must be reasonable and consistent with the ordinary fee typically charged for that service and may not exceed the fee typically charged for that service.
(d) An individual certified or licensed under this chapter may not be required to document a barrier to an in-person visit to provide health care services through telehealth. The department or the council may not limit the physical setting from which an individual certified or licensed under this chapter may provide health care services through telehealth.
(e) Nothing in this section requires the use of telehealth when an individual certified or licensed under this chapter determines that providing services through telehealth is not appropriate or when a patient chooses not to receive services through telehealth.
(f) In this section, “telehealth” has the meaning given in AS 47.05.270(e).
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 1. Alaska Health Care Commission. › Sec. 18.09.010. Alaska Health Care Commission.

The Alaska Health Care Commission is established in the Department of Health. The purpose of the commission is to provide recommendations for and foster the development of a statewide plan to address the quality, accessibility, and availability of health care for all citizens of the state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 1. Alaska Health Care Commission. › Sec. 18.09.020. Composition; chair.

The commission consists of 14 members as follows:
(1) 11 voting members appointed by the governor as follows:
(A) the state officer assigned the duties of medical director for the department, who shall serve as chair;
(B) one member who represents the tribal health community in the state;
(C) one member who represents a statewide chamber of commerce who is not financially associated with the health care industry;
(D) one member who represents the Alaska State Hospital and Nursing Home Association;
(E) one member who is a health care provider and
(i) engaged in the active practice of the health care provider's profession in the state;
(ii) licensed to practice in the state;
(iii) not affiliated with the Alaska State Hospital and Nursing Home Association;
(F) one member who represents the health insurance industry in the state;
(G) one member who is
(i) a health care consumer;
(ii) a resident of the state; and
(iii) not employed by and does not have a business interest in the health care industry;
(H) one member who is a licensed primary care physician in the state and who is in the active practice of family medicine, primary care internal medicine, or pediatric medicine;
(I) one member who represents the Alaska Mental Health Trust Authority;
(J) one member who represents community health centers in the state;
(K) one member who is involved in the United States Department of Veterans Affairs health care industry;
(2) three nonvoting members appointed as follows:
(A) one ex officio member from the house of representatives, appointed by the speaker of the house of representatives;
(B) one ex officio member from the senate, appointed by the president of the senate;
(C) an ex officio member representing the Office of the Governor.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 1. Alaska Health Care Commission. › Sec. 18.09.030. Public members' terms of office.

(a) Public members of the commission serve for staggered terms of three years or until a successor is appointed.
(b) If a vacancy occurs in a public member's seat on the commission, the governor shall make an appointment for the unexpired portion of that member's term.
(c) A public member may serve not more than two consecutive terms.
(d) In this section, “public member” means those members appointed under AS 18.09.020(1)(B) - (K).
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 1. Alaska Health Care Commission. › Sec. 18.09.040. Executive director.

The commission may employ an executive director, who may not be a member of the commission and who may be current staff of the department. The executive director serves at the pleasure of the commission. The commission shall establish the duties of the executive director. The executive director is in the partially exempt service under AS 39.25 (State Personnel Act).
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 1. Alaska Health Care Commission. › Sec. 18.09.060. Bylaws.

The commission, on approval of a majority of its membership and consistent with state law, shall adopt and amend bylaws governing proceedings and other activities, including provisions concerning
(1) a quorum to transact commission business and other aspects of procedure;
(2) frequency and location of meetings;
(3) establishment, functions, and membership of committees; and
(4) conflicts of interest that require
(A) a member to declare a substantial financial interest in an official action and to request to be excused from voting in that instance;
(B) a ruling by the chair on a request by a member to be excused from voting;
(C) an opportunity to override a ruling by the chair on a majority vote;
(D) filing of a written disclosure form with the department that lists all potential conflicts of interest of a member valued at more than $5,000 annually if the interest is related to health care system income affecting the member or a member of the member's immediate family.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 1. Alaska Health Care Commission. › Sec. 18.09.070. Duties of the commission.

(a) The commission shall serve as the state health planning and coordinating body. Consistent with state and federal law, the commission shall provide recommendations for and foster the development of a statewide health plan containing the following:
(1) a comprehensive statewide health care policy;
(2) a strategy for improving the health of all residents of the state that
(A) encourages personal responsibility for disease prevention, healthy living, and acquisition of health insurance;
(B) reduces health care costs by using savings from
(i) enhanced market forces;
(ii) fraud reduction;
(iii) health information technology;
(iv) management efficiency;
(v) preventative medicine;
(vi) successful innovations identified by other states; and
(vii) other cost-saving measures;
(C) eliminates known health risks, including unsafe water and wastewater systems;
(D) develops a sustainable health care workforce;
(E) improves access to quality health care; and
(F) increases the number of insurance options for health care services.
(b) The commission may hold public hearings to gather information and opinions from health care consumers on matters before the commission. Hearings shall be conducted under AS 44.62.210, except that the commission shall provide public notice of hearings not less than 15 days before the conduct of the hearing and include not fewer than three notices published in the statewide news media.
(c) The commission shall submit to the governor and the legislature by January 15 of each year an annual report regarding the commission's recommendations and activities. The report shall include voting records, copies of financial disclosures, and conflicts of interest statements.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 1. Alaska Health Care Commission. › Sec. 18.09.080. Compensation, per diem, and expenses.

A member appointed to the commission under AS 18.09.020(1) is entitled to per diem, reimbursement for travel, and other expenses authorized by law for boards and commissions under AS 39.20.180.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 2. Statewide Immunization Program. › Sec. 18.09.200. Statewide immunization program established; commissioner's duties.

(a) In addition to health promotion and vaccine registration activities of the department, a statewide immunization program is established in the department for the purpose of monitoring, purchasing, and distributing included vaccines to providers approved by the department who agree to provide the included vaccines to state residents under terms consistent with the program and state and federal law.
(b) The commissioner shall
(1) establish a procedure that provides for participation by an assessable entity;
(2) maintain a list of recommended vaccines for inclusion in the program;
(3) for each included vaccine, establish the initial vaccine assessment for the first year of the program and thereafter make annual assessments based on the determinations made by the council established under AS 18.09.210;
(4) notify assessable entities and other program participants of the annual vaccine assessment for each vaccine included in the program;
(5) devise a method for crediting to assessable entities and other program participants overpayments of vaccine assessments made for reasons related to administrative error, program termination, or lower than anticipated actual usage of the program by covered individuals;
(6) coordinate collective purchases of included vaccines;
(7) establish a procedure for statewide distributions of vaccines purchased under the program; and
(8) review vaccine assessment appeals for error.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 2. Statewide Immunization Program. › Sec. 18.09.220. Vaccine assessment and reporting requirements.

(a) An assessable entity and other program participant shall
(1) pay to the department the annual combined vaccine assessments as determined under the program for the included vaccines covered by the assessable entity or other program participant for each covered individual on a schedule adopted by the council;
(2) provide information requested by the council to determine the number of covered individuals, actual vaccine usage under the program, and other data necessary to calculate and monitor compliance with the vaccine assessment; and
(3) provide audited financial statements upon request of the council.
(b) A vaccine assessment must include a reasonable contribution toward support of the program and appropriate reserve funds, as determined by the council. A vaccine assessment may not include a provider fee for the administration of the vaccine.
(c) A vaccine assessment shall be construed as a medical expense of the assessable entity or other program participant.
(d) An assessable entity or other program participant may appeal a determination of a vaccine assessment made by the council to the commissioner within 10 days after receiving notification of the assessment. The commissioner shall review the appeal and all materials relevant to the assessment that is the subject of the appeal and shall modify the assessment if the commissioner finds substantial evidence of an error.
(e) [Repealed, § 6 ch 17 SLA 2019.]
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 2. Statewide Immunization Program. › Sec. 18.09.225. Other program participants.

(a) A health care provider or group of providers may opt into the program if approved by the commissioner under regulations adopted by the department.
(b) An assessable entity may not deny a claim for coverage by a health care provider of vaccines not distributed under the program.
(c) A health care provider may not bill a payor for or resell a vaccine distributed under the program.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 2. Statewide Immunization Program. › Sec. 18.09.230. Vaccine Assessment Fund.

(a) The vaccine assessment fund is created in the general fund for the purpose of providing funding for the program. The fund consists of money appropriated to it by the legislature, including program receipts attributable to vaccine assessments under AS 18.09.220, fees under AS 18.09.240, money from other sources, and interest earned on money in the fund. Appropriations to the fund do not lapse.
(b) The commissioner shall administer the fund in accordance with the provisions of this chapter. The commissioner may spend money appropriated to the fund for the purposes of the program under AS 18.09.200 and to pay the costs of administering the program without further appropriation.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 09. Statewide Health Care › Article 2. Statewide Immunization Program. › Sec. 18.09.240. Penalties.

An assessable entity or other program participant that fails to pay a required annual vaccine assessment after notification of the assessment or fails to comply with a request for information necessary for determination of the assessment may be assessed an additional noncompliance fee as determined by the commissioner under regulations adopted by the department.