CSHB 535(JUD): "An Act relating to liability for expenses of placement in certain mental health facilities; relating to the mental health treatment assistance program; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 535(JUD) 01 "An Act relating to liability for expenses of placement in certain mental health facilities; 02 relating to the mental health treatment assistance program; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.30.910(a) is amended to read: 06 (a) A patient, the patient's spouse, or the patient's parent if the patient is under 07 18 years of age shall pay the charges for the care, transportation, and treatment of the 08 patient when the patient is hospitalized under AS 47.30.670 - 47.30.915 at a state- 09 operated facility, an evaluation facility, or a designated treatment facility providing 10 services under AS 47.30.670 - 47.30.915. The patient, the patient's spouse, or the 11 patient's parent if the patient is under 18 years of age shall make arrangements with a 12 state-operated facility, an evaluation facility, or a designated treatment facility for 13 payment of charges, including providing income information necessary to determine 14 eligibility for benefits under AS 47.31. Charges assessed for services provided under
01 AS 47.30.670 - 47.30.915 when a patient is hospitalized at a state-operated facility 02 may not exceed the actual cost of care and treatment. The department may, when 03 assessing charges for services provided at a state-operated facility, consider the ability 04 to pay of a patient, a patient's spouse, or a patient's parent if the patient is under 18 05 years of age. In order to impose liability for a patient's cost of care at a state-operated 06 facility, the department shall issue an order for payment within six months after the 07 date on which the charge was incurred. The order remains in effect unless modified 08 by subsequent court order or department order. The department may not impose 09 liability for a patient's cost of care at a state-operated facility if the patient would be 10 eligible for financial assistance under [OTHERWISE MEET THE ELIGIBILITY 11 CRITERIA, OTHER THAN LOCATION OF SERVICE, IN] AS 47.31.010 if the 12 care were provided by an evaluation facility or a designated treatment facility. 13 * Sec. 2. AS 47.31 is amended by adding a new section to read: 14 Sec. 47.31.007. Notification concerning lack of appropriations. If the 15 department projects, based on registrations, that the need for financial assistance under 16 this chapter will exceed the amount of appropriations made for financial assistance 17 under this chapter, the department shall post notification of the projection on the 18 department's Internet website and provide electronic notice to evaluation facilities and 19 designated treatment facilities that have previously served patients who received 20 assistance under this chapter. 21 * Sec. 3. AS 47.31.010 is amended to read: 22 Sec. 47.31.010. Eligibility for assistance. (a) The department shall provide 23 financial assistance under this chapter to a patient who 24 (1) does not have the available means to pay or substantially contribute 25 to the payment of charges assessed by a facility; 26 (2) has no insurance or other third-party resources, including 27 Medicaid or Medicare, [THIRD PARTY] to pay for the evaluation or treatment 28 provided under AS 47.30; [AND] 29 (3) has been registered under AS 47.37.012; and 30 (4) meets the criteria in this chapter. 31 (b) To be eligible for assistance under this chapter, a patient must have
01 (1) been admitted for inpatient evaluation or treatment at an evaluation 02 facility or a designated treatment facility other than a state-operated hospital after 03 either 04 (A) an involuntary commitment under AS 47.30.700 - 05 47.30.915; or 06 (B) a voluntary admission chosen by the patient after a 07 determination by the patient's treating physician that the patient meets the 08 involuntary commitment criteria in AS 47.30.700 - 47.30.915 and that 09 involuntary commitment proceedings would be initiated if the patient did not 10 choose to be admitted voluntarily; [AND] 11 (2) a gross monthly household income that does not exceed 185 12 percent of the federal poverty guideline for this state for the calendar month in which 13 service was provided; 14 (3) no insurance or other third-party resources, including 15 Medicaid or Medicare, to pay for the cost of evaluation or treatment; 16 (4) been timely registered under AS 47.31.012; and 17 (5) not become eligible for discharge under AS 47.30.780 during 18 the period for which financial assistance is requested. 19 * Sec. 4. AS 47.31 is amended by adding a new section to read: 20 Sec. 47.31.012. Registration of eligibility for assistance. (a) 21 Notwithstanding any contrary provision of this chapter, the department may not 22 provide financial assistance under this chapter unless the patient has been registered 23 under this chapter. The registration must be received by the department within 72 24 hours after the patient's admission to the facility. The registration may be made by 25 telephone call, electronic message, or other means approved by the department. In 26 order to register, information specified by the department by regulation must be 27 supplied to demonstrate the patient's eligibility for assistance. 28 (b) Registration under (a) of this section must be made for each admission. 29 (c) Following registration for each admission, a complete application for 30 assistance must be submitted in accordance with AS 47.31.015 and evaluated by the 31 department for eligibility under this chapter.
01 * Sec. 5. AS 47.31.015(a) is amended to read: 02 (a) To receive assistance under this chapter, a patient or a patient's legal 03 representative must apply in writing on a form provided by the department. A patient 04 must apply for assistance within 90 [180] days after the date of admission to 05 [DISCHARGE FROM] the facility. 06 * Sec. 6. AS 47.31.015(b) is amended to read: 07 (b) A patient is considered to have applied for assistance under (a) of this 08 section if the evaluation facility or designated treatment facility notifies the 09 department on a form provided by the department that there is good cause to believe 10 that the patient would be eligible for assistance under this chapter and 11 (1) the patient, the patient's spouse, or the patient's parent if the patient 12 is under 18 years of age failed, within 60 [150] days after the date of admission to 13 [DISCHARGE FROM] the facility, to make arrangements to pay the evaluation 14 facility or designated treatment facility; or 15 (2) the patient lacks the mental capacity to apply for benefits under this 16 chapter. 17 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. The provisions of this Act do not apply to applications for 20 assistance under AS 47.31 for admissions occurring on or before the effective date of secs. 1 - 21 6 of this Act. 22 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. The Department of Health and Social Services 25 may proceed to adopt regulations necessary to implement the changes made by this Act. The 26 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 27 effective date of the respective statutory change. 28 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 29 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2004.