HCS CSSB 364(JUD): "An Act relating to liability for expenses of placement in certain mental health facilities; and relating to the mental health treatment assistance program; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 364(JUD) 01 "An Act relating to liability for expenses of placement in certain mental health facilities; 02 and 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 an 07 unemancipated minor [UNDER 18 YEARS OF AGE] shall pay the charges for the 08 care, transportation, and treatment of the patient when the patient is hospitalized under 09 AS 47.30.670 - 47.30.915 at a state-operated facility, an evaluation facility, or a 10 designated treatment facility providing services under AS 47.30.670 - 47.30.915. The 11 patient, the patient's spouse, or the patient's parent if the patient is an unemancipated 12 minor [UNDER 18 YEARS OF AGE] shall make arrangements with a state-operated 13 facility, an evaluation facility, or a designated treatment facility for payment of 14 charges, including providing income information necessary to determine eligibility for
01 benefits under AS 47.31. Charges assessed for services provided under AS 47.30.670 02 - 47.30.915 when a patient is hospitalized at a state-operated facility may not exceed 03 the actual cost of care and treatment. The department may, when assessing charges 04 for services provided at a state-operated facility, consider the ability to pay of a 05 patient, a patient's spouse, or a patient's parent if the patient is an unemancipated 06 minor [UNDER 18 YEARS OF AGE]. In order to impose liability for a patient's cost 07 of care at a state-operated facility, the department shall issue an order for payment 08 within six months after the date on which the charge was incurred. The order remains 09 in effect unless modified by subsequent court order or department order. The 10 department may not impose liability for a patient's cost of care at a state-operated 11 facility if the patient would be eligible for financial assistance under [OTHERWISE 12 MEET THE ELIGIBILITY CRITERIA, OTHER THAN LOCATION OF SERVICE, 13 IN] AS 47.31.010 if the care were provided by an evaluation facility or a 14 designated treatment facility. 15 * Sec. 2. AS 47.30.910(b) is amended to read: 16 (b) The department, the evaluation facility, or a designated treatment facility 17 shall make reasonable efforts to determine whether the patient, the patient's spouse, or 18 the patient's parent if the patient is an unemancipated minor [UNDER 18 YEARS 19 OF AGE] has a third-party payor or has the available means to substantially contribute 20 to the payment of charges, or whether the patient is eligible for assistance under 21 AS 47.31. 22 * Sec. 3. AS 47.30.910(c) is amended to read: 23 (c) If a patient is hospitalized at a state-operated facility and the patient, the 24 patient's spouse, or the patient's parent if the patient is an unemancipated minor 25 [UNDER 18 YEARS OF AGE] fails to provide to the department information 26 necessary to determine whether there is a third-party payor or available means to 27 substantially contribute to the payment of charges, or whether the patient would, if not 28 hospitalized at a state-operated facility, be eligible for assistance under AS 47.31, the 29 department may issue an administrative order imposing full liability for the patient's 30 actual cost of care on the patient, the patient's spouse, or the patient's parent if the 31 patient is an unemancipated minor [UNDER 18 YEARS OF AGE]. The order
01 remains in effect unless modified by subsequent court order or department order. 02 * Sec. 4. AS 47.31 is amended by adding a new section to read: 03 Sec. 47.31.007. Notification concerning lack of appropriations. If the 04 department projects, based on registrations, that the need for financial assistance under 05 this chapter will exceed the amount of appropriations made for financial assistance 06 under this chapter, the department shall post notification of the projection on the 07 department's Internet website and provide electronic notice to evaluation facilities and 08 designated treatment facilities that have previously served patients who received 09 assistance under this chapter. 10 * Sec. 5. AS 47.31.010 is amended to read: 11 Sec. 47.31.010. Eligibility for assistance. (a) The department shall provide 12 financial assistance under this chapter to a patient who 13 (1) does not have the available means to pay or substantially contribute 14 to the payment of charges assessed by a facility; 15 (2) has no insurance or other third-party resources, including 16 Medicaid or Medicare, [THIRD PARTY] to pay for the evaluation or treatment 17 provided under AS 47.30; [AND] 18 (3) has been registered under AS 47.37.012; and 19 (4) meets the criteria in this chapter. 20 (b) To be eligible for assistance under this chapter, a patient must have 21 (1) been admitted for inpatient evaluation or treatment at an evaluation 22 facility or a designated treatment facility other than a state-operated hospital after 23 either 24 (A) an involuntary commitment under AS 47.30.700 - 25 47.30.915; or 26 (B) a voluntary admission chosen by the patient after a 27 determination by the patient's treating physician that the patient meets the 28 involuntary commitment criteria in AS 47.30.700 - 47.30.915 and that 29 involuntary commitment proceedings would be initiated if the patient did not 30 choose to be admitted voluntarily; [AND] 31 (2) a gross monthly household income that does not exceed 185
01 percent of the federal poverty guideline for this state for the calendar month in which 02 service was provided; 03 (3) no insurance or other third-party resources, including 04 Medicaid or Medicare, to pay for the cost of evaluation or treatment; 05 (4) been timely registered under AS 47.31.012; and 06 (5) not become eligible for discharge under AS 47.30.780 during 07 the period for which financial assistance is requested. 08 * Sec. 6. AS 47.31 is amended by adding a new section to read: 09 Sec. 47.31.012. Registration of eligibility for assistance. (a) 10 Notwithstanding any contrary provision of this chapter, the department may not 11 provide financial assistance under this chapter unless the patient has been registered 12 under this chapter. The registration must be received by the department within 72 13 hours after the patient's admission to the facility. The registration may be made by 14 telephone call, electronic message, or other means approved by the department. In 15 order to register, information specified by the department by regulation must be 16 supplied to demonstrate the patient's eligibility for assistance. 17 (b) Registration under (a) of this section must be made for each admission. 18 (c) Following registration for each admission, a complete application for 19 assistance must be submitted in accordance with AS 47.31.015 and evaluated by the 20 department for eligibility under this chapter. 21 * Sec. 7. AS 47.31.015 is amended to read: 22 Sec. 47.31.015. Application for assistance. (a) To receive assistance under 23 this chapter, a patient or a patient's legal representative must apply in writing on a 24 form provided by the department. A patient must apply for assistance within 90 [180] 25 days after the date of admission to [DISCHARGE FROM] the facility. 26 (b) A patient is considered to have applied for assistance under (a) of this 27 section if the evaluation facility or designated treatment facility notifies the 28 department on a form provided by the department that there is good cause to believe 29 that the patient would be eligible for assistance under this chapter and 30 (1) the patient, the patient's spouse, or the patient's parent if the patient 31 is an unemancipated minor [UNDER 18 YEARS OF AGE] failed, within 60 [150]
01 days after the date of admission to [DISCHARGE FROM] the facility, to make 02 arrangements to pay the evaluation facility or designated treatment facility; or 03 (2) the patient lacks the mental capacity to apply for benefits under this 04 chapter. 05 (c) A patient who applies or is considered to have applied for assistance under 06 this chapter, the patient's spouse, the patient's parent if the patient is an 07 unemancipated minor [UNDER 18 YEARS OF AGE], or a person in the patient's 08 household shall release records and information to the department necessary to verify 09 eligibility for the assistance. 10 (d) If a patient, the patient's spouse, the patient's parent if the patient is an 11 unemancipated minor [UNDER 18 YEARS OF AGE], or a person in the patient's 12 household fails to provide records and information to the department necessary to 13 verify eligibility, the department may issue an administrative order imposing full 14 liability for the patient's cost of care and treatment to the evaluation facility or 15 designated treatment facility. 16 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. The provisions of this Act do not apply to applications for 19 assistance under AS 47.31 for admissions occurring on or before the effective date of secs. 1 - 20 7 of this Act. 21 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITION: REGULATIONS. The Department of Health and Social Services 24 may proceed to adopt regulations necessary to implement the changes made by this Act. The 25 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 26 effective date of the respective statutory change. 27 * Sec. 10. Section 9 of this Act takes effect immediately under AS 01.10.070(c). 28 * Sec. 11. Except as provided in sec. 10 of this Act, this Act takes effect July 1, 2004.