CSSB 73(FIN): "An Act relating to assisted living homes; and providing for an effective date."
00CS FOR SENATE BILL NO. 73(FIN) 01 "An Act relating to assisted living homes; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.07.070 is amended by adding a new subsection to read: 04 (h) This section does not apply to the minimum daily reimbursement rate 05 specified by law under AS 47.24.017 or AS 47.25.195(f) for assisted living homes. 06 * Sec. 2. AS 47.24.017 is amended by adding a new subsection to read: 07 (d) If the protective services under this section include the placement of a 08 vulnerable adult in an assisted living home at the state's expense, the minimum daily 09 reimbursement rate to the assisted living home for the vulnerable adult is $42.25. The 10 department may, under its regulations, provide for a daily rate higher than $42.25 if 11 the additional care provided to the vulnerable adult in the assisted living home justifies 12 the additional reimbursement. In this subsection, "assisted living home" means an 13 assisted living home licensed under AS 47.33. 14 * Sec. 3. AS 47.24.017(d) is repealed and reenacted to read:
01 (d) If the protective services under this section include the placement of a 02 vulnerable adult in an assisted living home at the state's expense, the minimum daily 03 reimbursement rate to the assisted living home for the vulnerable adult is $51. The 04 department may, under its regulations, provide for a daily rate higher than $51 if the 05 additional care provided to the vulnerable adult in the assisted living home justifies the 06 additional reimbursement. In this subsection, "assisted living home" means an assisted 07 living home licensed under AS 47.33. 08 * Sec. 4. AS 47.25.195(b) is amended to read: 09 (b) Except as provided in (f) of this section, a [A] health facility receiving 10 a payment under this chapter is subject to the requirements of AS 47.07.070 - 11 47.07.075. 12 * Sec. 5. AS 47.25.195(c) is amended to read: 13 (c) Except as provided in (f) of this section, if [IF] insufficient money is 14 appropriated to fund medical assistance under AS 47.25.120 - 47.25.300 when taking 15 into consideration projected use and the health facility payment rates established in 16 accordance with (b) of this section, the department may, by regulation, establish at any 17 time in the fiscal year a prospective pro rata reduction of the facilities' established 18 payment rates that will be paid by the department for services provided by facilities 19 under AS 47.25.120 - 47.25.300. 20 * Sec. 6. AS 47.25.195(d) is amended to read: 21 (d) Notwithstanding (a) - (c) of this section, the department may enter into 22 agreements with a facility to provide services at a payment rate lower than the rate 23 established in accordance with (b) of this section , except that the department may 24 not enter into an agreement with an assisted living home to provide services at a 25 daily reimbursement rate lower than $42.25 . 26 * Sec. 7. AS 47.25.195(d) is repealed and reenacted to read: 27 (d) Notwithstanding (a) - (c) of this section, the department may enter into 28 agreements with a facility to provide services at a payment rate lower than the rate 29 established in accordance with (b) of this section, except that the department may not 30 enter into an agreement with an assisted living home to provide services at a daily 31 reimbursement rate lower than $51.
01 * Sec. 8. AS 47.25.195(e) is amended to read: 02 (e) For purposes of this section, 03 (1) "assisted living home" means an assisted living home licensed 04 under AS 47.33; 05 (2) "health facility" includes a hospital, skilled nursing facility, 06 intermediate care facility, intermediate care facility for the mentally retarded, 07 rehabilitation facility, inpatient psychiatric facility, home health agency, rural health 08 clinic, and outpatient surgical clinic. 09 * Sec. 9. AS 47.25.195 is amended by adding a new subsection to read: 10 (f) Notwithstanding other provisions of this section and the provisions of 11 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 - 47.25.300 12 includes the initiation or continuation of placement of the person in an assisted living 13 home at the state's expense, the department's minimum daily reimbursement rate to 14 the assisted living home for the person is $42.25. This minimum rate is not subject 15 to reduction under (c) of this section. The department may, under its regulations and 16 under the procedures of AS 47.07.070 - 47.07.075, provide for a daily rate higher than 17 $42.25 if the care provided to the needy person in the assisted living home justifies the 18 higher reimbursement. A daily rate higher than $42.25 for assisted living homes may 19 be reduced under (c) of this section, but not below $42.25. 20 * Sec. 10. AS 47.25.195(f) is repealed and reenacted to read: 21 (f) Notwithstanding other provisions of this section and the provisions of 22 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 - 47.25.300 23 includes the initiation or continuation of placement of the person in an assisted living 24 home at the state's expense, the department's minimum daily reimbursement rate to 25 the assisted living home for the person is $51. This minimum rate is not subject to 26 reduction under (c) of this section. The department may, under its regulations and 27 under the procedures of AS 47.07.070 - 47.07.075, provide for a daily rate higher than 28 $51 if the care provided to the needy person in the assisted living home justifies the 29 higher reimbursement. A daily rate higher than $51 for assisted living homes may be 30 reduced under (c) of this section, but not below $51. 31 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 APPLICABILITY. (a) The minimum daily reimbursement rate set under 03 AS 47.24.017(d), enacted by sec. 2 of this Act, and AS 47.25.195(f), enacted by sec. 9 of this 04 Act, applies to services provided on or after July 1, 2000, and is not dependent on the 05 adoption of regulations by the Department of Health and Social Services. 06 (b) The minimum daily reimbursement rate set under AS 47.24.017(d), as amended 07 by sec. 3 of this Act, and AS 47.25.195(f), as amended by sec. 10 of this Act, applies to 08 services provided on or after July 1, 2002, and is not dependent on the adoption of regulations 09 by the Department of Health and Social Services. 10 * Sec. 12. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2000. 11 * Sec. 13. Sections 3, 7, and 10 of this Act take effect July 1, 2002.