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CSHB 312(FIN): "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 312(FIN) 01 "An Act making appropriations for the operating and capital expenses of the state's 02 integrated comprehensive mental health program; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 (SECTION 1 OF THIS ACT BEGINS ON PAGE 2)

01 * Section 1. The following appropriation items are for operating expenditures from the 02 general fund or other funds as set out in section 2 of this Act to the agencies named for the 03 purposes expressed for the fiscal year beginning July 1, 2008 and ending June 30, 2009, 04 unless otherwise indicated. A department-wide, agency-wide, or branch-wide unallocated 05 reduction set out in this section may be allocated among the appropriations made in this 06 section to that department, agency, or branch. 07 Appropriation General Other 08 Allocations Items Funds Funds 09 * * * * * * * * * * 10 * * * * * Department of Administration * * * * * 11 * * * * * * * * * * 12 Legal and Advocacy Services 1,875,100 1,736,300 138,800 13 Office of Public Advocacy 1,581,700 14 Public Defender Agency 293,400 15 * * * * * * * * * * 16 * * * * * Department of Corrections * * * * * 17 * * * * * * * * * * 18 Population Management 611,500 611,500 19 Offender Habilitation 611,500 20 Programs 21 Inmate Health Care 6,140,400 5,930,400 210,000 22 Inmate Health Care 6,140,400 23 * * * * * * * * * * 24 * * * * * Department of Education and Early Development * * * * * 25 * * * * * * * * * * 26 Teaching and Learning Support 339,800 39,800 300,000 27 Student and School 339,800 28 Achievement 29 Alaska Postsecondary 200,000 200,000 30 Education Commission 31 Program Administration & 200,000

01 Operations 02 * * * * * * * * * * 03 * * * * * Department of Health and Social Services * * * * * 04 * * * * * * * * * * 05 No money appropriated in this appropriation may be expended for an abortion that is not a 06 mandatory service required under AS 47.07.030(a). The money appropriated for Health and 07 Social Services may be expended only for mandatory services required under Title XIX of the 08 Social Security Act and for optional services offered by the state under the state plan for 09 medical assistance that has been approved by the United States Department of Health and 10 Human Services. This statement is a statement of the purpose of the appropriation and is 11 neither merely descriptive language nor a statement of legislative intent. 12 It is the intent of the legislature that the Department continues to aggressively pursue 13 Medicaid cost containment initiatives. Efforts should continue where the Department 14 believes additional cost containment is possible including further efforts to contain travel 15 expenses. The Department must continue efforts imposing regulations controlling and 16 materially reducing the cost of Personal Care Attendant (PCA) services. Efforts must be 17 continued utilizing existing resources to impose regulations screening applicants for 18 Residential Psychiatric Treatment Center (RPTC) services, especially for out-of-state 19 services. The department must address the entire matrix of optional Medicaid services, 20 reimbursement rates and eligibility requirements that are the basis of the Medicaid growth 21 algorithm. This work is to utilize the results of the Medicaid Assessment and Planning 22 analysis. The legislature requests that by January 2009 the Department be prepared to present 23 projections of future Medicaid funding requirements under our existing statute and regulations 24 and be prepared to present and evaluate the consequences of viable policy alternatives that 25 could be implemented to lower growth rates and reducing projections of future costs. 26 It is the intent of the legislature that the department continues to evaluate (and, where 27 possible, proceed to incorporate) an asset test in Denali KidCare and other Child Care 28 Benefits programs' eligibility criteria that includes the value of assets leased and not owned by 29 the applicant. The department should report to the legislature, no later than January 20, 2009, 30 possible asset test structures, their projected consequences on program participants and any 31 necessary changes to statute, regulation or Alaska's Medicaid State Plan. The report should

01 identify any federal restrictions on asset tests and any potential consequence of an asset test 02 on the availability of federal funding. 03 Alaska Pioneer Homes 13,353,200 13,353,200 04 It is the intent of the legislature that the Department maintain regulations requiring all 05 residents of the Pioneer Homes to apply for all appropriate benefit programs prior to a state 06 subsidy being provided for their care from the State Payment Assistance program. 07 It is the intent of the legislature that all pioneers' homes and veterans' homes applicants shall 08 complete any forms to determine eligibility for supplemental program funding, such as 09 Medicaid, Medicare, SSI, and other benefits as part of the application process. If an applicant 10 is not able to complete the forms him/herself, or if relatives or guardians of the applicant are 11 not able to complete the forms, Department of Health and Social Services staff may complete 12 the forms for him/her, obtain the individuals' or designee's signature and submit for eligibility 13 per AS 47.25.120. 14 Alaska Pioneer Homes 64,300 15 Management 16 Pioneer Homes 13,288,900 17 Behavioral Health 108,494,500 85,551,000 22,943,500 18 Alcohol Safety Action 335,500 19 Program (ASAP) 20 Behavioral Health Medicaid 44,066,900 21 Services 22 Behavioral Health Grants 20,672,100 23 It is the intent of the legislature that the department continue developing polices and 24 procedures surrounding the awarding of recurring grants to assure that applicants are regularly 25 evaluated on their performance in achieving outcomes consistent with the expectations and 26 missions of the Department related to their specific grant. The recipient's specific 27 performance should be measured and incorporated into the decision whether to continue 28 awarding grants. Performance measurement should be standardized, accurate, objective and 29 fair, recognizing and compensating for differences among grant recipients including acuity of 30 services provided, client base, geographic location and other factors necessary and appropriate 31 to reconcile and compare grant recipient performances across the array of providers and

01 services involved. 02 It is the intent of the legislature that the $750.0 increment in the FY09 budget for behavioral 03 health grants be used exclusively to provide additional base funding for existing core services 04 of current grantee providers of adolescent and adult substance abuse intervention or treatment 05 services, who have demonstrated successful outcomes documented in accordance with the 06 Department's performance based evaluation procedures. The Department should continue 07 work on implementing a provider rate rebasing process and specific funding 08 recommendations for both Medicaid and non-Medicaid providers to be completed and 09 available to the legislature no later than December 15, 2008. 10 Behavioral Health 2,820,400 11 Administration 12 It is the intent of the legislature that the $200.0 increment in the FY09 budget for the Suicide 13 Prevention Strategy and Implementation Plan be dedicated to developing a best practices, 14 evidence based multi-dimensional strategy and implementation plan to reduce the rates of 15 suicide in targeted rural regions of the state with the highest current rate of suicide. The 16 strategy and plan must specifically propose the means to reduce the rate of suicide and 17 address various dimensions of the issue including differing age and social demographics of at- 18 risk populations as well as implementation alternatives available in the targeted regions. The 19 plan must be developed in coordination with stakeholders and relevant resources in the 20 targeted regions. The Suicide Prevention Strategy and Implementation Plan must be 21 completed and available to the legislature no later than December 15, 2008. 22 Community Action Prevention 958,100 23 & Intervention Grants 24 Rural Services and Suicide 2,115,200 25 Prevention 26 Psychiatric Emergency 7,893,000 27 Services 28 Services to the Seriously 12,474,200 29 Mentally Ill 30 Designated Evaluation and 1,761,900 31 Treatment

01 Services for Severely 9,952,200 02 Emotionally Disturbed Youth 03 Alaska Psychiatric Institute 5,319,400 04 Suicide Prevention Council 125,600 05 Children's Services 12,209,200 11,979,200 230,000 06 Children's Medicaid Services 4,185,600 07 Children's Services 64,100 08 Management 09 Front Line Social Workers 148,600 10 Family Preservation 150,000 11 Foster Care Augmented Rate 500,000 12 Foster Care Special Need 747,900 13 Residential Child Care 1,956,300 14 Infant Learning Program 4,456,700 15 Grants 16 Adult Preventative Dental 1,400,000 1,400,000 17 Medicaid Services 18 It is the intent of the legislature that the Adult Preventative Dental Medicaid Services not over 19 spend authority granted by authorizing statute and adjust benefits available to individual 20 participants as necessary to maintain and conduct the program throughout the entire fiscal 21 year. 22 Adult Preventative Dental 1,400,000 23 Medicaid Services 24 Juvenile Justice 945,500 745,800 199,700 25 McLaughlin Youth Center 654,500 26 Fairbanks Youth Facility 101,000 27 Bethel Youth Facility 56,700 28 Probation Services 133,300 29 Public Health 798,300 593,300 205,000 30 Women, Children and Family 500,000 31 Health

01 Certification and Licensing 120,000 02 Community Health Grants 98,300 03 Health Planning and 80,000 04 Infrastructure 05 It is the intent of the legislature that, in accordance with AS 37.05.316, $250,000 in general 06 funds be provided as a grant to Anchorage Project Access. 07 Senior and Disabilities 14,474,600 13,721,900 752,700 08 Services 09 It is the intent of the legislature that regulations related to the General Relief / Temporary 10 Assisted Living program be reviewed and revised as needed to minimize the length of time 11 that the state provides housing alternatives and assure the services are provided only to 12 intended beneficiaries who are actually experiencing harm, abuse or neglect. The department 13 should educate care coordinators and direct service providers about who should be referred 14 and when they are correctly referred to the program in order that referring agents correctly 15 match consumer needs with the program services intended by the department. 16 General Relief/Temporary 740,300 17 Assisted Living 18 Senior and Disabilities 2,390,100 19 Services Administration 20 Senior Community Based 3,419,400 21 Grants 22 Community Developmental 7,924,800 23 Disabilities Grants 24 Departmental Support Services 1,758,400 1,758,400 25 Commissioner's Office 105,000 26 It is the intent of the legislature that the Department of Health and Social Services complete 27 the following tasks related to fiscal audits required in CHAPTER 66, SLA 2003 of all 28 Medicaid providers: 29 1. Develop regulations addressing the use of extrapolation methodology following an audit of 30 Medicaid providers that clearly defines the difference between actual overpayment of funds to 31 a provider and ministerial omission or clerical billing error that does not result in

01 overpayment to the provider. The extrapolation methodology will also define percentage of 02 "safe harbor" overpayment rates for which extrapolation methodology will be applied. 03 2. Develop training standards and definitions regarding ministerial and billing errors versus 04 overpayments. Include the use of those standards and definitions in the State's audit contracts. 05 All audits initiated after the effective date of this intent and resulting in findings of 06 overpayment will be calculated under the Department's new regulations governing 07 overpayment standards and extrapolation methodology. 08 It is the intent of the legislature that the department develops a ten year funding source and 09 use of funds projection for the entire department. 10 It is the intent of the legislature that the department continue working on implementing a 11 provider rate rebasing process and specific funding recommendations for both Medicaid and 12 non-Medicaid providers to be completed and available to the legislature no later than 13 December 15, 2008. 14 Administrative Support 476,100 15 Services 16 Information Technology 827,300 17 Services 18 HSS State Facilities Rent 350,000 19 Boards and Commissions 1,787,300 465,400 1,321,900 20 AK Mental Health & Alcohol 849,000 21 & Drug Abuse Boards 22 Commission on Aging 193,600 23 Governor's Council on 744,700 24 Disabilities and Special 25 Education 26 * * * * * * * * * * 27 * * * * * Department of Law * * * * * 28 * * * * * * * * * * 29 Civil Division 76,800 76,800 30 Human Services and Child 76,800 31 Protection

01 * * * * * * * * * * 02 * * * * * Department of Natural Resources * * * * * 03 * * * * * * * * * * 04 Resource Development 1,686,400 1,686,400 05 Mental Health Trust Lands 1,686,400 06 Administration 07 * * * * * * * * * * 08 * * * * * Department of Revenue * * * * * 09 * * * * * * * * * * 10 Alaska Mental Health Trust 2,467,000 2,467,000 11 Authority 12 Mental Health Trust 2,467,000 13 Operations 14 * * * * * * * * * * 15 * * * * * University of Alaska * * * * * 16 * * * * * * * * * * 17 Statewide Programs and 390,000 390,000 18 Services 19 Statewide Programs & 390,000 20 Services 21 University of Alaska Campuses 1,528,300 295,800 1,232,500 22 Anchorage Campus 1,488,300 23 Fairbanks Campus 40,000 24 * * * * * * * * * * 25 * * * * * Alaska Court System * * * * * 26 * * * * * * * * * * 27 Alaska Court System 1,577,700 589,900 987,800 28 Trial Courts 1,577,700 29 (SECTION 2 OF THIS ACT BEGINS ON PAGE 10)

01 * Sec. 2. The following sets out the funding by agency for the appropriations made in sec. 1 of 02 this Act. 03 Funding Source Amount 04 Department of Administration 05 1037 General Fund / Mental Health 1,736,300 06 1092 Mental Health Trust Authority Authorized 138,800 07 Receipts 08 *** Total Agency Funding *** $1,875,100 09 Department of Corrections 10 1037 General Fund / Mental Health 6,541,900 11 1092 Mental Health Trust Authority Authorized 210,000 12 Receipts 13 *** Total Agency Funding *** $6,751,900 14 Department of Education and Early Development 15 1037 General Fund / Mental Health 39,800 16 1092 Mental Health Trust Authority Authorized 500,000 17 Receipts 18 *** Total Agency Funding *** $539,800 19 Department of Health and Social Services 20 1037 General Fund / Mental Health 128,168,200 21 1092 Mental Health Trust Authority Authorized 8,140,500 22 Receipts 23 1180 Alcohol and Other Drug Abuse Treatment & 18,912,300 24 Prevention Fund 25 *** Total Agency Funding *** $155,221,000 26 Department of Law 27 1037 General Fund / Mental Health 76,800 28 *** Total Agency Funding *** $76,800 29 Department of Natural Resources 30 1092 Mental Health Trust Authority Authorized 1,686,400 31 Receipts

01 *** Total Agency Funding *** $1,686,400 02 Department of Revenue 03 1094 Mental Health Trust Administration 2,467,000 04 *** Total Agency Funding *** $2,467,000 05 University of Alaska 06 1037 General Fund / Mental Health 295,800 07 1092 Mental Health Trust Authority Authorized 1,622,500 08 Receipts 09 *** Total Agency Funding *** $1,918,300 10 Alaska Court System 11 1037 General Fund / Mental Health 589,900 12 1092 Mental Health Trust Authority Authorized 987,800 13 Receipts 14 *** Total Agency Funding *** $1,577,700 15 * * * * * Total Budget * * * * * $172,114,000 16 (SECTION 3 OF THIS ACT BEGINS ON PAGE 12)

01 * Sec. 3. The following sets out the statewide funding for the appropriations made in sec. 1 of 02 this Act. 03 Funding Source Amount 04 General Funds 05 1037 General Fund / Mental Health 137,448,700 06 ***Total General Funds*** $137,448,700 07 Federal Funds 08 ***Total Federal Funds*** $0 09 Other Non-Duplicated Funds 10 1092 Mental Health Trust Authority Authorized 13,286,000 11 Receipts 12 1094 Mental Health Trust Administration 2,467,000 13 1180 Alcohol and Other Drug Abuse Treatment & 18,912,300 14 Prevention Fund 15 ***Total Other Non-Duplicated Funds*** $34,665,300 16 Duplicated Funds 17 ***Total Duplicated Funds*** $0 18 (SECTION 4 OF THIS ACT BEGINS ON PAGE 13)

01 * Sec. 4. The following appropriation items are for capital projects and grants from the 02 general fund or other funds as set out in section 5 of this Act by funding source to the 03 agencies named for the purposes expressed and lapse under AS 37.25.020, unless otherwise 04 noted. 05 Appropriation General Other 06 Allocations Items Funds Funds 07 * * * * * * * * * * 08 * * * * * Department of Health and Social Services * * * * * 09 * * * * * * * * * * 10 MH Home Modification and 500,000 250,000 250,000 11 Upgrades to Retain Housing 12 (HD 1-40) 13 MH Treatment and Recovery 750,000 250,000 500,000 14 Based Special Needs Housing 15 (HD 1-40) 16 * * * * * * * * * * 17 * * * * * Department of Natural Resources * * * * * 18 * * * * * * * * * * 19 Mental Health Trust 350,000 350,000 20 Facilities Maintenance (HD 21 1-40) 22 Mental Health Trust Land 650,000 650,000 23 Development (HD 1-40) 24 * * * * * * * * * * 25 * * * * * Department of Revenue * * * * * 26 * * * * * * * * * * 27 AHFC Beneficiary and 1,750,000 1,750,000 28 Special Needs Housing (HD 29 1-40) 30 AHFC Emergency Assistance 200,000 200,000 31 Grants for Mental Health

01 Trust Beneficiaries (HD 02 1-40) 03 AHFC Homeless Assistance 2,000,000 500,000 1,500,000 04 Program (HD 1-40) 05 AHFC Housing Trust (HD 1-40) 10,000,000 2,500,000 7,500,000 06 * * * * * * * * * * 07 * * * * * Department of Transportation/Public Facilities * * * * * 08 * * * * * * * * * * 09 Coordinated Transportation 1,100,000 800,000 300,000 10 and Vehicles (HD 1-40) 11 (SECTION 5 OF THIS ACT BEGINS ON PAGE 15)

01 * Sec. 5. The following sets out the funding by agency for the appropriations made in sec. 4 of 02 this Act. 03 Funding Source Amount 04 Department of Health and Social Services 05 1037 General Fund / Mental Health 500,000 06 1092 Mental Health Trust Authority Authorized Receipts 500,000 07 1139 Alaska Housing Finance Corporation Dividend 250,000 08 *** Total Agency Funding *** $1,250,000 09 Department of Natural Resources 10 1092 Mental Health Trust Authority Authorized Receipts 1,000,000 11 *** Total Agency Funding *** $1,000,000 12 Department of Revenue 13 1037 General Fund / Mental Health 3,000,000 14 1092 Mental Health Trust Authority Authorized Receipts 3,200,000 15 1108 Statutory Designated Program Receipts 2,500,000 16 1139 Alaska Housing Finance Corporation Dividend 5,250,000 17 *** Total Agency Funding *** $13,950,000 18 Department of Transportation/Public Facilities 19 1037 General Fund / Mental Health 800,000 20 1092 Mental Health Trust Authority Authorized Receipts 300,000 21 *** Total Agency Funding *** $1,100,000 22 * * * * * Total Budget * * * * * $17,300,000 23 (SECTION 6 OF THIS ACT BEGINS ON PAGE 16)

01 * Sec. 6. The following sets out the statewide funding for the appropriations made in sec. 4 of 02 this Act. 03 Funding Source Amount 04 General Funds 05 1037 General Fund / Mental Health 4,300,000 06 ***Total General Funds*** $4,300,000 07 Federal Funds 08 ***Total Federal Funds*** $0 09 Other Non-Duplicated Funds 10 1092 Mental Health Trust Authority Authorized 5,000,000 11 Receipts 12 1108 Statutory Designated Program Receipts 2,500,000 13 1139 Alaska Housing Finance Corporation Dividend 5,500,000 14 ***Total Other Non-Duplicated Funds*** $13,000,000 15 Duplicated Funds 16 ***Total Duplicated Funds*** $0 17 (SECTION 7 OF THIS ACT BEGINS ON PAGE 17)

01 * Sec. 7. PURPOSE. In accordance with AS 37.14.003 and 37.14.005, the appropriations 02 made by this Act are for the state's integrated comprehensive mental health program. 03 * Sec. 8. NONGENERAL FUND RECEIPTS. (a) Alaska Mental Health Trust Authority 04 authorized receipts (AS 37.14.036) or administration receipts (AS 37.14.036) that exceed the 05 amounts appropriated by this Act are appropriated conditioned upon compliance with the 06 program review provisions of AS 37.07.080(h). 07 (b) If Alaska Mental Health Trust Authority authorized receipts (AS 37.14.036) or 08 administration receipts (AS 37.14.036) fall short of the estimates appropriated in this Act, the 09 affected appropriation is reduced by the amount of the shortfall in receipts. 10 * Sec. 9. SALARY AND BENEFIT ADJUSTMENTS. (a) The appropriations made in sec. 11 1 of this Act include amounts for salary and benefit adjustments for public officials, officers, 12 and employees of the executive branch, Alaska Court System employees, employees of the 13 legislature, and legislators and to implement the terms for the fiscal year ending June 30, 14 2009, of the following collective bargaining agreements: 15 (1) Alaska Public Employees Association, for the confidential unit; 16 (2) Alaska State Employees Association, for the general government unit; 17 (3) Public Employees Local 71, for the labor, trades and crafts unit; 18 (4) Alaska Correctional Officers Association, representing correctional 19 officers; 20 (5) Teachers' Education Association of Mt. Edgecumbe. 21 (b) The operating budget appropriations made to the University of Alaska in sec. 1 of 22 this Act include amounts for salary and benefit adjustments for the fiscal year ending June 30, 23 2009, for university employees who are not members of a collective bargaining unit and for 24 implementing the monetary terms of the collective bargaining agreements including the terms 25 of the agreement providing for the health benefit plan for university employees represented by 26 the following entities: 27 (1) Alaska Higher Education Crafts and Trades Employees; 28 (2) Alaska Community Colleges' Federation of Teachers; 29 (3) United Academics; 30 (4) United Academics-Adjuncts. 31 (c) If a collective bargaining agreement listed in (a) or (b) of this section is not ratified

01 by the membership of the respective collective bargaining unit, the appropriations made by 02 this Act that are applicable to that collective bargaining unit's agreement are reduced 03 proportionately by the amount for that collective bargaining agreement, and the corresponding 04 funding source amounts are reduced accordingly. 05 (d) Appropriations made in sec. 1 of this Act for salary and benefit adjustments as 06 described in (a) and (b) of this section are for the benefit of the state's integrated 07 comprehensive mental health program only and do not necessarily affect every group of 08 noncovered employees or every collective bargaining unit listed in (a) and (b) of this section. 09 * Sec. 10. This Act takes effect July 1, 2008.