HCS CSSB 73(FIN): "An Act relating to assisted living homes; and providing for an effective date."
00HOUSE CS FOR CS 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 $50. The 10 department may, under its regulations, provide for a daily rate higher than $50 if the 11 additional care provided to the vulnerable adult in the assisted living home justifies the 12 additional reimbursement. In this subsection, "assisted living home" means an assisted 13 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 AS 47.24.017(d) is repealed and reenacted to read: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 $60. The 04 department may, under its regulations, provide for a daily rate higher than $60 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 AS 47.24.017(d) is repealed and reenacted to read: 09 (d) If the protective services under this section include the placement of a 10 vulnerable adult in an assisted living home at the state's expense, the minimum daily 11 reimbursement rate to the assisted living home for the vulnerable adult is $70. The 12 department may, under its regulations, provide for a daily rate higher than $70 if the 13 additional care provided to the vulnerable adult in the assisted living home justifies the 14 additional reimbursement. In this subsection, "assisted living home" means an assisted 15 living home licensed under AS 47.33. 16 * Sec. 5. AS 47.25.195(b) is amended to read: 17 (b) Except as provided in (f) of this section, a [A] health facility receiving 18 a payment under this chapter is subject to the requirements of AS 47.07.070 - 19 47.07.075. 20 * Sec. 6. AS 47.25.195(c) is amended to read: 21 (c) Except as provided in (f) of this section, if [IF] insufficient money is 22 appropriated to fund medical assistance under AS 47.25.120 - 47.25.300 when taking 23 into consideration projected use and the health facility payment rates established in 24 accordance with (b) of this section, the department may, by regulation, establish at any 25 time in the fiscal year a prospective pro rata reduction of the facilities' established 26 payment rates that will be paid by the department for services provided by facilities 27 under AS 47.25.120 - 47.25.300. 28 * Sec. 7. AS 47.25.195(d) is amended to read: 29 (d) Notwithstanding (a) - (c) of this section, the department may enter into 30 agreements with a facility to provide services at a payment rate lower than the rate 31 established in accordance with (b) of this section , except that the department may
01 not enter into an agreement with an assisted living home to provide services at a 02 daily reimbursement rate lower than $50 . 03 * Sec. 8. AS 47.25.195(d) is repealed and reenacted to read: 04 (d) Notwithstanding (a) - (c) of this section, the department may enter into 05 agreements with a facility to provide services at a payment rate lower than the rate 06 established in accordance with (b) of this section, except that the department may not 07 enter into an agreement with an assisted living home to provide services at a daily 08 reimbursement rate lower than $60. 09 * Sec. 9. AS 47.25.195(d) is repealed and reenacted to read: 10 (d) Notwithstanding (a) - (c) of this section, the department may enter into 11 agreements with a facility to provide services at a payment rate lower than the rate 12 established in accordance with (b) of this section, except that the department may not 13 enter into an agreement with an assisted living home to provide services at a daily 14 reimbursement rate lower than $70. 15 * Sec. 10. AS 47.25.195(e) is amended to read: 16 (e) For purposes of this section, 17 (1) "assisted living home" means an assisted living home licensed 18 under AS 47.33; 19 (2) "health facility" includes a hospital, skilled nursing facility, 20 intermediate care facility, intermediate care facility for the mentally retarded, 21 rehabilitation facility, inpatient psychiatric facility, home health agency, rural health 22 clinic, and outpatient surgical clinic. 23 * Sec. 11. AS 47.25.195 is amended by adding a new subsection to read: 24 (f) Notwithstanding other provisions of this section and the provisions of 25 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 - 47.25.300 26 includes the initiation or continuation of placement of the person in an assisted living 27 home at the state's expense, the department's minimum daily reimbursement rate to the 28 assisted living home for the person is $50. This minimum rate is not subject to 29 reduction under (c) of this section. The department may, under its regulations and 30 under the procedures of AS 47.07.070 - 47.07.075, provide for a daily rate higher than 31 $50 if the care provided to the needy person in the assisted living home justifies the
01 higher reimbursement. A daily rate higher than $50 for assisted living homes may be 02 reduced under (c) of this section, but not below $50. 03 * Sec. 12. AS 47.25.195(f) is repealed and reenacted to read: 04 (f) Notwithstanding other provisions of this section and the provisions of 05 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 - 47.25.300 06 includes the initiation or continuation of placement of the person in an assisted living 07 home at the state's expense, the department's minimum daily reimbursement rate to the 08 assisted living home for the person is $60. This minimum rate is not subject to 09 reduction under (c) of this section. The department may, under its regulations and 10 under the procedures of AS 47.07.070 - 47.07.075, provide for a daily rate higher than 11 $60 if the care provided to the needy person in the assisted living home justifies the 12 higher reimbursement. A daily rate higher than $60 for assisted living homes may be 13 reduced under (c) of this section, but not below $60. 14 * Sec. 13. AS 47.25.195(f) is repealed and reenacted to read: 15 (f) Notwithstanding other provisions of this section and the provisions of 16 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 - 47.25.300 17 includes the initiation or continuation of placement of the person in an assisted living 18 home at the state's expense, the department's minimum daily reimbursement rate to the 19 assisted living home for the person is $70. This minimum rate is not subject to 20 reduction under (c) of this section. The department may, under its regulations and 21 under the procedures of AS 47.07.070 - 47.07.075, provide for a daily rate higher than 22 $70 if the care provided to the needy person in the assisted living home justifies the 23 higher reimbursement. A daily rate higher than $70 for assisted living homes may be 24 reduced under (c) of this section, but not below $70. 25 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section 26 to read: 27 APPLICABILITY. (a) The minimum daily reimbursement rate set under 28 AS 47.24.017(d), enacted by sec. 2 of this Act, and AS 47.25.195(f), enacted by sec. 11 of 29 this Act, applies to services provided on or after September 1, 2000, and is not dependent on 30 the adoption of regulations by the Department of Health and Social Services. 31 (b) The minimum daily reimbursement rate set under AS 47.24.017(d), as amended
01 by sec. 3 of this Act, and AS 47.25.195(f), as amended by sec. 12 of this Act, applies to 02 services provided on or after July 1, 2001, and is not dependent on the adoption of regulations 03 by the Department of Health and Social Services. 04 (c) The minimum daily reimbursement rate set under AS 47.24.017(d), as amended 05 by sec. 4 of this Act, and AS 47.25.195(f), as amended by sec. 13 of this Act, applies to 06 services provided on or after July 1, 2002, and is not dependent on the adoption of regulations 07 by the Department of Health and Social Services. 08 * Sec. 15. Except as provided in secs. 16 and 17 of this Act, this Act takes effect 09 September 1, 2000. 10 * Sec. 16. Sections 3, 8, and 12 of this Act take effect July 1, 2001. 11 * Sec. 17. Sections 4, 9, and 13 of this Act take effect July 1, 2002.