Legislature(1995 - 1996)

1995-03-14 Senate Journal

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1995-03-14                     Senate Journal                      Page 0600
SB 129                                                                       
SENATE BILL NO. 129 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
"An Act providing for a statewide data reporting                              
system for health care facilities; establishing civil                          
penalties for failure to report required data to that                          
system; establishing the Alaska Health Care Facility                           
Data Reporting System Advisory Council; and                                    
providing for an effective date."                                              

1995-03-14                     Senate Journal                      Page 0601
SB 129                                                                       
was read the first time and referred to the Health, Education and              
Social Services, Judiciary and Finance Committees.                             
Fiscal notes published today from Department of Health and Social              
Services (2).                                                                  
Governor's transmittal letter dated March 7:                                   
Dear President Pearce:                                                         
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill establishing the Alaska Health Care Facility          
Data Reporting System.  The bill provides for the development,                 
implementation, and operation of a new statewide health care facility          
data collection and reporting system.  This system will help to                
ensure that there is sufficient knowledge about Alaska's health care           
delivery system to improve health care planning, to assist public              
health monitoring, and to adequately understand, and determine                 
appropriate actions to respond to, Alaska's specific health care needs.        
The system also will facilitate prudent spending of state resources on         
health care needs.                                                             
Section 1 of the bill would create a new chapter at AS 18.24.                  
Proposed AS18.24.010 would establish the Alaska Health Care                    
Facility Data Reporting System (system), to be implemented by the              
Department of Health and Social Services (department).  The bill               
would give the department broad authority to adopt regulations to              
implement the chapter.  The bill requires the commissioner to                  
establish a seven-member advisory council, comprised of                        
departmental personnel and individual representatives of health care           
providers, to assist the department in implementing certain aspects            
of the system.  The bill addresses participation of certain health care        
facilities in the system.  Voluntary facility participation in the system      
is encouraged, but participation can be mandated if voluntary                  
participation does not meet specific thresholds.  Mandatory                    
participation of specified health care facilities is required by July1,        
1997.  Only facilities licensed by the department as acute care                
hospitals, specialized hospitals, and ambulatory surgical centers are          
affected.  In general, these facilities must submit data to the                
department respecting inpatient discharges and outpatient visits.  The         
department must specify the format, time for submission, and type              
of data.                                                                       

1995-03-14                     Senate Journal                      Page 0602
SB 129                                                                       
Access to public records also is addressed, by proposed                        
AS18.24.800.  Data obtained and created under AS18.24 generally                
would be subject to disclosure under the public records law                    
(AS09.25.110 - 09.25.120).   However, information  and  data  that             
identifies or is capable of identifying a recipient of health care             
services is  confidential.  Also, information  of a proprietary  nature,       
such as individual hospital costs and charges for procedures, also             
must be kept confidential.  The state, its  agents and employees,              
members of the advisory council, health care facilities and their              
employees, and others are immune for certain acts or omissions in              
the execution of authorized activities under AS 18.24, but immunity            
is expressly excluded for reckless or intentional misconduct.                  
Proposed AS18.24.820 provides for a civil penalty.  The failure to             
submit data can result in a civil penalty, subject to a $5,000                 
maximum per calendar year.                                                     
Under sec. 4 of the bill, the department is charged with conducting            
a feasibility study respecting the collection of health care data from         
physician offices, long-term care facilities, and other appropriate            
health care providers or facilities.  The report is due July1, 1997.           
I urge your favorable consideration of this bill.                              
						Tony Knowles