SB 93 — An Act relating to the establishment of an all-payer health claims database; and providing for an effective date.

32-GS1530\B32-GS1530\A CS FOR SENATE BILL NO.

93(HSS)93 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE SENATE HEALTHRULES ANDCOMMITTEE SOCIALBY SERVICESREQUEST COMMITTEEOF Referred:THE GOVERNOR Introduced:

Labor2/24/21 &Referred: Commerce, Finance Sponsor(s):

SENATEHealth RULES& COMMITTEESocial BYServices, REQUESTLabor OF& THECommerce, GOVERNORFinance A BILL FOR AN ACT ENTITLED "An Act relating to the establishment of an all-payer health claims database;

21.92.010.21.92.010 All-payer health claims database established.

All-payer health claims database established.

and SB0093BSB0093A -1- CSSBSB 93(HSS)93 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1530\B32-GS1530\A (4) enable researchers, policy makers, and the public to make informed health care decisions and reduce unnecessary health care costs.

(2) establish and impose reasonable penalties necessary to ensure compliance with mandatory health care data reporting requirements adopted by the CSSBSB 93(HSS)93 -2- SB0093BSB0093A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1530\B32-GS1530\A division in regulation;

and (5) establishcarry byout regulationother aactivities schedulenecessary of reasonable fees to befulfill charged to an authorized requester that is a business entity for the usepurposes and distribution of datathis fromchapter. the database to the business entity;

and (6) carry out other activities necessary to fulfill the purposes of this chapter.

(a) The director shallmay use a competitive bid process under AS 36.30 (State Procurement Code) to select an organization to coordinate and manage the all-payer health claims database.

Sec.

(4) engageprovide stakeholdersan inannual report to the developmentdirector andregarding maintenancethe status of the database;database and any recommendations for changes to the database to fulfill the purposes of this chapter;

(5) provideestablish ana annualprocess reportfor tomaking theclaims directorand regardingother thedata statusfrom of the database andavailable anyfor recommendationsuse forand changesdistribution upon request to theauthorized databaserequesters, toconsistent fulfillwith the purposesrequirements of this chapter;

(6) establishprepare aan processannual forhealth makingcare claims and other data fromreport theeach databaseyear availablethat foraggregates use and distributionanalyzes uponthe requestdata submitted to authorizedthe requesters,database consistentduring with the requirementsprevious ofcalendar thisyear; chapter;

SB0093Band -3- CSSB 93(HSS) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1530\B (7) engageother consumeractivities protectionas stakeholdersrequired andby the communitydirector into fulfill the processpurposes described in (6) of this subsectionchapter. to ensure claims and other data from the database are available in a format accessible to all authorized requesters;

(8) prepare a health care data report each calendar year that aggregates and analyzes the data submitted to the database during the previous calendar year;

and (9) perform other duties as required by the director to fulf lilthe purposes of this chapter.

21.92.030.21.92.030 Confidentiality.

Confidentiality.(a) The all-payer health claims database and SB0093A -3- SB 93 New Text Underlined [DELETED TEXT BRACKETED] 32-GS1530\A the information contained in the database are confidential and not public records subject to public inspection or disclosure under AS 40.25.100 - 40.25.295 (Alaska Public Records Act).

(a) The all-payer health claims database and the information contained in the database are confidential and are not public records subject to public inspection or disclosure under AS 40.25.100 - 40.25.295 (Alaska Public Records Act).

Individually identifiable health care information contained in the database may be accessed only by the organization selected to coordinate and manage the all-payer health claims database under AS 21.92.02021.92.030 and may not be shared.

(b) Information contained in the database is not subject to subpoena in any civil, criminal, judicial, or administrative proceeding, except that information pertaining to a party in litigation may be subject to subpoena in an action brought by or on behalf of that party to enforce a liability claim arising under this chapter.

Eligibility for state grants.

(a) A health care insurer that is required to submit health care data to the statewide all-payer health claims database may not receive a state grant unless the insurer submits the data as required by the director under AS 21.92.010.

(b) A health care payer that agrees to voluntarily report health care data to the statewide all-payer health claims database may not receive a state grant unless the payer reports the data to the database as required by the payer's agreement.

Sec.

21.92.050.

CSSB 93(HSS) -4- SB0093B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1530\B * Sec.

Not later than January 1 of the calendar year following the effective date of sec.this Act, the director of the division of insurance shall adopt regulations necessary to implement changes made by this Act.

1The ofregulations thistake Act,effect theunder directorAS of44.62 the(Administrative divisionProcedure ofAct), insurancebut shallnot adoptbefore regulationsthe necessaryeffective todate implementof changesthe madelaw implemented by sec.the regulations.

1 of this Act.

The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of sec.

1 of this Act.

SB0093BSB -5-93 CSSB-4- 93(HSS)SB0093A New Text Underlined [DELETED TEXT BRACKETED]