Merit Institute Merit

The Alaska Government Transparency & Performance Act (AK-GT&P)

Alaska state companion to GT&P. Extends AS Title 39 state personnel, AS Sec. 40.25.100 et seq. Public Records, and Alaska Medicaid fraud recovery through the Medicaid Fraud Control Unit.

THE ALASKA GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (AK-GT&P)

Vehicle: State passage. Alaska Legislature, regular session. Primary referral to House State Affairs / Finance and Senate State Affairs / Finance.

SECTION 1. SHORT TITLE

This Act may be cited as the “Alaska Government Transparency & Performance Act (AK-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that Alaska’s State Personnel Act operates under AS Title 39; that the Alaska Public Records Act operates under AS Sec. 40.25.100 et seq.; that the Legislative Finance Division provides fiscal notes under AS Title 24; that Alaska does not have a general False Claims Act but recovers Medicaid-related fraud under AS Title 47 (Welfare, Social Services, and Institutions), including AS Sec. 47.05.210 (prohibited acts, false statements in Medicaid claims); and that the Medicaid Fraud Control Unit operates under the Office of Special Prosecutions pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH ALASKA LAW

Sec. 101. Definitions

  1. (a) “AK-OMB” means the Office of Management and Budget in the Office of the Governor.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “MFCA” means Alaska’s Medicaid fraud-recovery authority under AS Sec. 47.05.210 and related provisions.

Sec. 102. Coordination with Existing Alaska Law

  1. (a) Consistent with:
  • AS Title 39 (state personnel).
  • AS Sec. 40.25.100 et seq. (Public Records).
  • AS Title 24 (Legislative Finance Division).
  • AS Title 47 (Medicaid fraud provisions).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) The Office of Management and Budget shall publish the Alaska Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Legislative Finance Division fiscal notes shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

  1. (a) AS Title 39 is amended so that nothing precludes policy-influencing-position classifications with publicly posted performance standards.
  2. (b) Classifications consistent with AS Sec. 39.25.100 et seq. (partially exempt and exempt service).

TITLE IV — ALASKA MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Alaska does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under AS Sec. 47.05.210 and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving AKRMC, Federal FRAC, AK-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty under AS Sec. 47.05.210 and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect July 1 of the year following enactment.

Canonical federal version: GT&P. Other Alaska bills: AK-ACSA, AK-MEWRA, AK-AI-Workforce.