Enrolled SB 157: Relating to inpatient psychiatric services for persons who are under 21 years of age and are either eligible for medical assistance or are in the custody of the Department of Health and Social Services.
00Enrolled SB 157 01 Relating to inpatient psychiatric services for persons who are under 21 years of age and are 02 either eligible for medical assistance or are in the custody of the Department of Health and 03 Social Services. 04 _______________ 05 * Section 1. AS 47.07 is amended by adding a new section to read: 06 Sec. 47.07.032. Inpatient psychiatric services for persons under 21 years 07 of age. (a) Notwithstanding AS 47.07.030, the department may not grant assistance 08 under this chapter for inpatient psychiatric services to a person under 21 years of age 09 who is in an out-of-state psychiatric hospital facility or an out-of-state residential 10 psychiatric treatment center unless the department determines that the assistance is for 11 (1) psychiatric hospital services that are consistent with the person's 12 clinical diagnosis and appropriately address the person's needs and that these services 13 are unavailable in the state; or 14 (2) residential psychiatric treatment center services that are consistent
01 with the person's clinical diagnosis and appropriately address the person's needs and 02 that these services are unavailable in the state. 03 (b) The department shall, on a monthly basis, evaluate what types of services 04 are available in the state for inpatient psychiatric care for persons under 21 years of 05 age. If inpatient psychiatric services that are consistent with the person's clinical 06 diagnosis and that appropriately address the person's needs become available at a 07 location in the state for a person under 21 years of age who is receiving the services 08 under this chapter at a location outside the state, the department shall, as a condition of 09 continued eligibility for coverage of the services under this chapter, require the person 10 to be transferred to the in-state facility unless the department determines that the 11 transfer would be detrimental to the person's health, established therapeutic 12 relationship, or clinical need. 13 * Sec. 2. AS 47.14.100(a) is amended to read: 14 (a) Subject to (e), (f), and (i) - (l) [(e), (f), (i), AND (j)] of this section, the 15 department shall arrange for the care of every child committed to its custody by 16 placing the child in a foster home or in the care of an agency or institution providing 17 care for children inside or outside the state. The department may place a child in a 18 suitable family home, with or without compensation, and may place a child released to 19 it, in writing verified by the parent, or guardian or other person having legal custody, 20 for adoptive purposes, in a home for adoption in accordance with existing law. 21 * Sec. 3. AS 47.14.100 is amended by adding new subsections to read: 22 (k) Notwithstanding other provisions of this section, the department may not 23 pay for inpatient psychiatric services provided to a person under 21 years of age and 24 who is in the custody of the department if the services are provided in an out-of-state 25 psychiatric hospital facility or an out-of-state residential psychiatric treatment center 26 unless the department determines that the assistance is for 27 (1) psychiatric hospital services that are consistent with the person's 28 clinical diagnosis and appropriately address the person's needs and that these services 29 are unavailable in the state; or 30 (2) residential psychiatric treatment center services that are consistent 31 with the person's clinical diagnosis and appropriately address the person's needs and
01 that these services are unavailable in the state. 02 (l) The department shall, on a monthly basis, evaluate what types of services 03 are available in the state for inpatient psychiatric care for persons under 21 years of 04 age. If inpatient psychiatric services that are consistent with the person's clinical 05 diagnosis and that appropriately address the person's needs become available at a 06 location in the state for a person under 21 years of age who is receiving the services 07 under this section at a location outside the state, the department shall, as a condition of 08 continued payment by the state for the services, require the person to be transferred to 09 the in-state facility unless the department determines that the transfer would be 10 detrimental to the person's health, established therapeutic relationship, or clinical need.