1. (a) Notwithstanding the provisions of 7 AAC 105.610, 7 AAC 110.750, 7 AAC 120.112, 7 AAC 145.400, and 7 AAC 145.410, the department may make adjustments to covered services listed under (b) of this section for the length of a declared disaster emergency if

   1. (1) the governor issues a disaster emergency declaration for the state or a region within the state under AS 26.23.020;
   2. (2) the federal government issues a related disaster declaration or declaration of national emergency for the state or a region within the state under 42 U.S.C. 5121 - 5207 (Stafford Disaster Relief and Emergency Assistance Act) or 50 U.S.C. 1601 - 1651 (National Emergencies Act) and the Secretary of the United States Department of Health and Human Services invokes authority under 42 U.S.C. 1320b-5(b) (sec. 1135(b) of the Social Security Act), with respect to the secretary's declaration of a public health emergency as described under 42 U.S.C. 1320b-5(b) and (g)(1), to waive or modify certain requirements of titles XVIII, XIX, and XXI of the Social Security Act as a result of the disaster declaration; and

   3. (3) the state either

      1. (A) applies for and receives an approved disaster relief state plan amendment, authorized under 42 U.S.C. 1320b-5, based on the disaster emergency declaration, to make the changes provided for in this section; or
      2. (B) has existing state plan authority from CMS to exercise the provisions of (b) of this section during a declared disaster emergency.

2. (b) If the conditions listed in (a) of this section are met, the department may

   1. (1) for covered outpatient drugs under 7 AAC 105 - 7 AAC 160,

      1. (A) extend the fill duration authorization under 7 AAC 120.112(4) from a 34-day to 68-day supply;
      2. (B) increase the professional dispensing fee rates for in-state claims under 7 AAC 145.410(a)(1) and (2) by up to $2.50;
      3. (C) increase the professional dispensing fee reimbursement frequency under 7 AAC 145.410(a)(1) and (2) to not more than once every 14 days;
      4. (D) allow ingredient reimbursement at actual acquisition cost if the actual acquisition cost is above the lowest determined cost under the formula provided in 7 AAC 145.400 and the provider maintains proof of the actual acquisition cost of the drug consistent with 7 AAC 105.230, substantiated by an unaltered invoice under 7 AAC 105.240;
      5. (E) waive the cost-sharing amounts eligible recipients are required to pay under 7 AAC 105.610(a)(4), if the service is related to screening for, diagnosing, or treating the condition at issue in a public health emergency; or
      6. (F) waive the requirement under 7 AAC 145.400(j) that a provider return to the pharmacy covered but unused outpatient drugs dispensed in unit doses to a recipient in a long-term care facility, if a public health emergency includes a risk of infection control;
   2. (2) for vaccines authorized by the Federal Drug Administration in response to a public health emergency, reimburse providers under 7 AAC 110.750, consistent with 7 AAC 145.020; or
   3. (3) reimburse a registered pharmacist acting within the scope of the person's practice under 12 AAC 52 for services consistent with 7 AAC 105 - 7 AAC 160 and with this subsection during the disaster emergency, including providing testing and other services authorized by a standing order of the chief medical officer when not explicitly defined within the scope of the person's practice.
3. (c) Reimbursements provided for under this section may be requested or disbursed after a declaration of emergency has expired, within standard timely filing under 7 AAC 145.005, for services provided during the emergency.

(Eff. 2/12/2021, Register 237)

Authority: AS 47.05.010, AS 47.07.030, AS 47.07.040