HB 366: "An Act relating to assisted living homes; and providing for an effective date."
00 HOUSE BILL NO. 366 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(h) is amended to read: 04 (h) This section does not apply to the minimum housing and food services 05 per diem [DAILY REIMBURSEMENT RATE] specified by law under AS 47.24.017 06 or AS 47.25.195(e) for assisted living homes. 07 * Sec. 2. AS 47.24.017(d) is amended to read: 08 (d) If the protective services under this section include the placement of a 09 vulnerable adult in an assisted living home at the state's expense, the minimum daily 10 reimbursement rate to the assisted living home for the vulnerable adult must include 11 at least [IS] $60 per diem for housing and food services plus an additional amount 12 for other services provided to the vulnerable adult under an agreement with the 13 department. The department may, under its regulations, provide for a per diem 14 [DAILY] rate for housing and food services that is higher than $60 if the type of 15 housing or food services [ADDITIONAL CARE] provided to the vulnerable adult in
01 the assisted living home justifies the additional reimbursement. In this subsection, 02 "assisted living home" means an assisted living home licensed under AS 47.33. 03 * Sec. 3. AS 47.24.017(d) is amended to read: 04 (d) If the protective services under this section include the placement of a 05 vulnerable adult in an assisted living home at the state's expense, the minimum daily 06 reimbursement rate to the assisted living home for the vulnerable adult must include at 07 least $70 [$60] per diem for housing and food services plus an additional amount for 08 other services provided to the vulnerable adult under an agreement with the 09 department. The department may, under its regulations, provide for a per diem rate for 10 housing and food services that is higher than $70 [$60] if the type of housing or food 11 services 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. 4. AS 47.25.195(d) is amended to read: 15 (d) Notwithstanding (a) - (c) of this section, the department may enter into 16 agreements with a facility to provide services at a payment rate lower than the rate 17 established in accordance with (b) of this section, except that the department may not 18 enter into an agreement with an assisted living home to provide services at a daily 19 reimbursement rate that includes less [LOWER] than $60 per diem for housing and 20 food services plus an additional amount for other services provided. 21 * Sec. 5. AS 47.25.195(d) is amended to read: 22 (d) Notwithstanding (a) - (c) of this section, the department may enter into 23 agreements with a facility to provide services at a payment rate lower than the rate 24 established in accordance with (b) of this section, except that the department may not 25 enter into an agreement with an assisted living home to provide services at a daily 26 reimbursement rate that includes less than $70 [$60] per diem for housing and food 27 services plus an additional amount for other services provided. 28 * Sec. 6. AS 47.25.195(e) is amended to read: 29 (e) Notwithstanding other provisions of this section and the provisions of 30 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 - 31 47.25.300 includes the initiation or continuation of placement of the person in an
01 assisted living home at the state's expense, the department's minimum daily 02 reimbursement rate to the assisted living home for the person must include at least 03 [IS] $60 per diem for housing and food services plus an additional amount for 04 other services provided under an agreement with the department. This minimum 05 per diem for housing and food services [RATE] is not subject to reduction under (c) 06 of this section. The department may, under its regulations and under the procedures of 07 AS 47.07.070 - 47.07.075, provide for a per diem [DAILY] rate higher than $60 for 08 housing and food services if the type of housing or food services [CARE] provided 09 to the needy person in the assisted living home justifies the higher reimbursement. A 10 per diem for housing and food services that is [DAILY RATE] higher than $60 for 11 assisted living homes may be reduced under (c) of this section, but not below $60. 12 * Sec. 7. AS 47.25.195(e) is amended to read: 13 (e) Notwithstanding other provisions of this section and the provisions of 14 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 - 15 47.25.300 includes the initiation or continuation of placement of the person in an 16 assisted living home at the state's expense, the department's minimum daily 17 reimbursement rate to the assisted living home for the person must include at least $70 18 [$60] per diem for housing and food services plus an additional amount for other 19 services provided under an agreement with the department. This minimum per diem 20 for housing and food services is not subject to reduction under (c) of this section. The 21 department may, under its regulations and under the procedures of AS 47.07.070 - 22 47.07.075, provide for a per diem rate higher than $70 [$60] for housing and food 23 services if the type of housing or food services provided to the needy person in the 24 assisted living home justifies the higher reimbursement. A per diem for housing and 25 food services that is higher than $70 [$60] for assisted living homes may be reduced 26 under (c) of this section, but not below $70 [$60]. 27 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. (a) The minimum per diem for housing and food services set 30 under AS 47.24.017(d), as amended in sec. 2 of this Act, and AS 47.25.195(e), as amended in 31 sec. 6 of this Act, applies to housing and food services provided on or after the effective date
01 of secs. 2 and 6 of this Act and is not dependent on the adoption of regulations by any state 02 agency. 03 (b) The minimum per diem for housing and food services set under AS 47.24.017(d), 04 as amended in sec. 3 of this Act, and AS 47.25.195(e), as amended in sec. 7 of this Act,. 05 applies to housing and food services provided on or after July 1, 2002, and is not dependent 06 on the adoption of regulations by any state agency. 07 * Sec. 9. Except as provided in sec. 10 of this Act, this Act takes effect immediately under 08 AS 01.10.070(c). 09 * Sec. 10. Sections 3, 5, and 7 of the Act take effect July 1, 2002.