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SCS 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 SENATE CS FOR 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 1,954,000 1,815,200 138,800 13 Office of Public Advocacy 1,656,500 14 Public Defender Agency 297,500 15 * * * * * * * * * * 16 * * * * * Department of Corrections * * * * * 17 * * * * * * * * * * 18 Administration and Support 25,000 25,000 19 Office of the Commissioner 25,000 20 Population Management 611,500 611,500 21 Offender Habilitation 611,500 22 Programs 23 Inmate Health Care 6,488,500 6,055,500 433,000 24 Inmate Health Care 6,488,500 25 * * * * * * * * * * 26 * * * * * Department of Education and Early Development * * * * * 27 * * * * * * * * * * 28 Teaching and Learning Support 339,800 39,800 300,000 29 Student and School 339,800 30 Achievement 31 Alaska Postsecondary 200,000 200,000

01 Education Commission 02 Program Administration & 200,000 03 Operations 04 * * * * * * * * * * 05 * * * * * Department of Health and Social Services * * * * * 06 * * * * * * * * * * 07 No money appropriated in this appropriation may be expended for an abortion that is not a 08 mandatory service required under AS 47.07.030(a). The money appropriated for Health and 09 Social Services may be expended only for mandatory services required under Title XIX of the 10 Social Security Act and for optional services offered by the state under the state plan for 11 medical assistance that has been approved by the United States Department of Health and 12 Human Services. This statement is a statement of the purpose of the appropriation and is 13 neither merely descriptive language nor a statement of legislative intent. 14 It is the intent of the legislature that the Department continues to aggressively pursue 15 Medicaid cost containment initiatives. Efforts should continue where the Department 16 believes additional cost containment is possible including further efforts to contain travel 17 expenses. The Department must continue efforts imposing regulations controlling and 18 materially reducing the cost of Personal Care Attendant (PCA) services. Efforts must be 19 continued utilizing existing resources to impose regulations screening applicants for 20 Residential Psychiatric Treatment Center (RPTC) services, especially for out-of-state 21 services. The department must address the entire matrix of optional Medicaid services, 22 reimbursement rates and eligibility requirements that are the basis of the Medicaid growth 23 algorithm. This work is to utilize the results of the Medicaid Assessment and Planning 24 analysis. The legislature requests that by January 2009 the Department be prepared to present 25 projections of future Medicaid funding requirements under our existing statute and regulations 26 and be prepared to present and evaluate the consequences of viable policy alternatives that 27 could be implemented to lower growth rates and reducing projections of future costs. 28 It is the intent of the legislature that the Department of Health and Social Services eliminate 29 the requirement for narrative and financial quarterly reports for all grant recipients whose 30 grants are $50,000 or less. This is an unnecessary burden and is not a requirement of the 31 federal grants.

01 It is the intent of the legislature that the Department of Health and Social Services make a 02 single "upfront" payment for any grant award that is $50,000 or less and includes a signature 03 of the grantee certifying compliance with the terms of the grant with their approved 04 application. Signature of the grantee would also certify that if a final report certifying 05 completion of the grant requirements is not filed, future grants will not be considered for that 06 grantee until all requirements of prior grants are completed satisfactorily. In the event a 07 grantee is deemed ineligible for a future grant consideration due to improper filing of final 08 reports, the grantee will be informed about the department's procedures for future 09 consideration of grant eligibility. The department will establish procedures to consider 10 retroactivity for specific grant consideration or express that the retroactivity cannot be 11 considered for certain grants during the selection process. 12 Alaska Pioneer Homes 13,431,500 13,431,500 13 It is the intent of the legislature that the Department maintain regulations requiring all 14 residents of the Pioneer Homes to apply for all appropriate benefit programs prior to a state 15 subsidy being provided for their care from the State Payment Assistance program. 16 It is the intent of the legislature that all pioneers' homes and veterans' homes applicants shall 17 complete any forms to determine eligibility for supplemental program funding, such as 18 Medicaid, Medicare, SSI, and other benefits as part of the application process. If an applicant 19 is not able to complete the forms him/herself, or if relatives or guardians of the applicant are 20 not able to complete the forms, Department of Health and Social Services staff may complete 21 the forms for him/her, obtain the individuals' or designee's signature and submit for eligibility 22 per AS 47.25.120. 23 Alaska Pioneer Homes 64,300 24 Management 25 Pioneer Homes 13,367,200 26 Behavioral Health 114,166,100 90,872,600 23,293,500 27 Alcohol Safety Action 335,500 28 Program (ASAP) 29 Behavioral Health Medicaid 44,066,900 30 Services 31 Behavioral Health Grants 23,597,100

01 It is the intent of the legislature that the department continue developing policies and 02 procedures surrounding the awarding of recurring grants to assure that applicants are regularly 03 evaluated on their performance in achieving outcomes consistent with the expectations and 04 missions of the Department related to their specific grant. The recipient's specific 05 performance should be measured and incorporated into the decision whether to continue 06 awarding grants. Performance measurement should be standardized, accurate, objective and 07 fair, recognizing and compensating for differences among grant recipients including acuity of 08 services provided, client base, geographic location and other factors necessary and appropriate 09 to reconcile and compare grant recipient performances across the array of providers and 10 services involved. 11 It is the intent of the legislature that the $1,000.0 increment in the FY 09 budget for 12 Community Prevention & Early Intervention for Behavioral Health Programs be used to 13 provide statewide community based youth development programs. 14 It is the intent of the legislature that the $2,000.0 increment in the FY 09 budget for 15 Behavioral Health Grants be used to provide additional base funding for existing core services 16 of current behavioral health grantees who have demonstrated successful outcomes 17 documented in accordance with the department's performance based evaluation procedures, 18 with an emphasis on increasing substance abuse treatment capacity for adolescents and adults. 19 Behavioral Health 4,421,200 20 Administration 21 It is the intent of the legislature that the $200.0 increment in the FY09 budget for the Suicide 22 Prevention Strategy and Implementation Plan be dedicated to developing a best practices, 23 evidence based multi-dimensional strategy and implementation plan to reduce the rates of 24 suicide in targeted rural regions of the state with the highest current rate of suicide. The 25 strategy and plan must specifically propose the means to reduce the rate of suicide and 26 address various dimensions of the issue including differing age and social demographics of at- 27 risk populations as well as implementation alternatives available in the targeted regions. The 28 plan must be developed in coordination with stakeholders and relevant resources in the 29 targeted regions. The Suicide Prevention Strategy and Implementation Plan must be 30 completed and available to the legislature no later than December 15, 2008. 31 It is the intent of the legislature that, in accordance with AS 37.05.315, $333, 800 in general

01 fund mental health funds be provided as a grant to the City of Bethel for the Bethel 02 Community Patrols program. 03 It is the intent of the legislature that by providing $500,000 in general funds for the "Planning 04 and Design for Clitheroe Center Replacement", there is no further obligation by the State for 05 continued funding. 06 Community Action Prevention 958,100 07 & Intervention Grants 08 Rural Services and Suicide 2,115,200 09 Prevention 10 Psychiatric Emergency 7,893,000 11 Services 12 Services to the Seriously 12,774,200 13 Mentally Ill 14 Designated Evaluation and 1,761,900 15 Treatment 16 Services for Severely 10,702,200 17 Emotionally Disturbed Youth 18 Alaska Psychiatric Institute 5,411,700 19 Suicide Prevention Council 129,100 20 Children's Services 12,213,200 11,983,200 230,000 21 Children's Medicaid Services 4,185,600 22 Children's Services 68,100 23 Management 24 Front Line Social Workers 148,600 25 Family Preservation 150,000 26 Foster Care Augmented Rate 500,000 27 Foster Care Special Need 747,900 28 Residential Child Care 1,956,300 29 Infant Learning Program 4,456,700 30 Grants 31 Adult Preventative Dental 1,400,000 1,400,000

01 Medicaid Services 02 It is the intent of the legislature that the Adult Preventative Dental Medicaid Services not over 03 spend authority granted by authorizing statute and adjust benefits available to individual 04 participants as necessary to maintain and conduct the program throughout the entire fiscal 05 year. 06 Adult Preventative Dental 1,400,000 07 Medicaid Services 08 Juvenile Justice 949,300 749,600 199,700 09 McLaughlin Youth Center 654,500 10 Fairbanks Youth Facility 101,000 11 Bethel Youth Facility 56,700 12 Probation Services 137,100 13 Public Health 1,048,300 718,300 330,000 14 Women, Children and Family 750,000 15 Health 16 Certification and Licensing 120,000 17 Community Health Grants 98,300 18 Health Planning and 80,000 19 Infrastructure 20 It is the intent of the legislature that, in accordance with AS 37.05.316, $250,000 in general 21 funds be provided as a grant to Anchorage Project Access. 22 Senior and Disabilities 14,546,100 13,793,400 752,700 23 Services 24 It is the intent of the legislature that regulations related to the General Relief / Temporary 25 Assisted Living program be reviewed and revised as needed to minimize the length of time 26 that the state provides housing alternatives and assure the services are provided only to 27 intended beneficiaries who are actually experiencing harm, abuse or neglect. The department 28 should educate care coordinators and direct service providers about who should be referred 29 and when they are correctly referred to the program in order that referring agents correctly 30 match consumer needs with the program services intended by the department. 31 General Relief/Temporary 740,300

01 Assisted Living 02 Senior and Disabilities 2,461,600 03 Services Administration 04 Senior Community Based 3,419,400 05 Grants 06 It is the intent of the legislature that the $1,000.0 increment in the FY 09 budget for Senior 07 Community Based Grants be used to invest in successful home and community based 08 supports provided by grantees who have demonstrated successful outcomes documented in 09 accordance with the department's performance based evaluation procedures. 10 Community Developmental 7,924,800 11 Disabilities Grants 12 Departmental Support Services 1,792,900 1,792,900 13 Commissioner's Office 105,000 14 It is the intent of the legislature that the Department of Health and Social Services complete 15 the following tasks related to fiscal audits required in chapter 66, SLA 2003 of all Medicaid 16 providers: 17 1. Develop regulations addressing the use of extrapolation methodology following an audit of 18 Medicaid providers that clearly defines the difference between actual overpayment of funds to 19 a provider and ministerial omission or clerical billing error that does not result in 20 overpayment to the provider. The extrapolation methodology will also define percentage of 21 "safe harbor" overpayment rates for which extrapolation methodology will be applied. 22 2. Develop training standards and definitions regarding ministerial and billing errors versus 23 overpayments. Include the use of those standards and definitions in the State's audit contracts. 24 All audits initiated after the effective date of this intent and resulting in findings of 25 overpayment will be calculated under the Department's new regulations governing 26 overpayment standards and extrapolation methodology. 27 It is the intent of the legislature that the department develops a ten year funding source and 28 use of funds projection for the entire department. 29 It is the intent of the legislature that the department continue working on implementing a 30 provider rate rebasing process and specific funding recommendations for both Medicaid and 31 non-Medicaid providers to be completed and available to the legislature no later than

01 December 15, 2008. 02 Administrative Support 494,400 03 Services 04 Information Technology 843,500 05 Services 06 HSS State Facilities Rent 350,000 07 Boards and Commissions 1,792,700 470,800 1,321,900 08 AK Mental Health & Alcohol 854,400 09 & Drug Abuse Boards 10 Commission on Aging 193,600 11 Governor's Council on 744,700 12 Disabilities and Special 13 Education 14 * * * * * * * * * * 15 * * * * * Department of Law * * * * * 16 * * * * * * * * * * 17 Civil Division 81,700 81,700 18 Human Services and Child 81,700 19 Protection 20 * * * * * * * * * * 21 * * * * * Department of Natural Resources * * * * * 22 * * * * * * * * * * 23 Resource Development 1,691,600 1,691,600 24 Mental Health Trust Lands 1,691,600 25 Administration 26 * * * * * * * * * * 27 * * * * * Department of Revenue * * * * * 28 * * * * * * * * * * 29 Alaska Mental Health Trust 2,499,600 2,499,600 30 Authority 31 Mental Health Trust 2,499,600

01 Operations 02 * * * * * * * * * * 03 * * * * * University of Alaska * * * * * 04 * * * * * * * * * * 05 It is the intent of the legislature that the University of Alaska submit a report by the last day of 06 each calendar quarter to the Legislative Budget & Audit Committee which describes in detail 07 the movement of funds and positions between allocations as well as reimbursable services 08 agreements between University appropriations. 09 Statewide Programs and 390,000 390,000 10 Services 11 Statewide Services 390,000 12 University of Alaska Anchorage 1,488,300 295,800 1,192,500 13 Anchorage Campus 1,488,300 14 University of Alaska Fairbanks 40,000 40,000 15 Fairbanks Campus 40,000 16 * * * * * * * * * * 17 * * * * * Alaska Court System * * * * * 18 * * * * * * * * * * 19 Alaska Court System 1,577,700 589,900 987,800 20 Trial Courts 1,577,700 21 (SECTION 2 OF THIS ACT BEGINS ON PAGE 11)

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 1,815,200 06 1092 Mental Health Trust Authority Authorized 138,800 07 Receipts 08 *** Total Agency Funding *** $1,954,000 09 Department of Corrections 10 1037 General Fund / Mental Health 6,667,000 11 1092 Mental Health Trust Authority Authorized 458,000 12 Receipts 13 *** Total Agency Funding *** $7,125,000 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 133,812,300 21 1092 Mental Health Trust Authority Authorized 8,615,500 22 Receipts 23 1180 Alcohol and Other Drug Abuse Treatment & 18,912,300 24 Prevention Fund 25 *** Total Agency Funding *** $161,340,100 26 Department of Law 27 1037 General Fund / Mental Health 81,700 28 *** Total Agency Funding *** $81,700 29 Department of Natural Resources 30 1092 Mental Health Trust Authority Authorized 1,691,600 31 Receipts

01 *** Total Agency Funding *** $1,691,600 02 Department of Revenue 03 1094 Mental Health Trust Administration 2,499,600 04 *** Total Agency Funding *** $2,499,600 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 * * * * * $178,727,800 16 (SECTION 3 OF THIS ACT BEGINS ON PAGE 13)

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 143,301,700 06 ***Total General Funds*** $143,301,700 07 Federal Funds 08 ***Total Federal Funds*** $0 09 Other Non-Duplicated Funds 10 1092 Mental Health Trust Authority Authorized 14,014,200 11 Receipts 12 1094 Mental Health Trust Administration 2,499,600 13 1180 Alcohol and Other Drug Abuse Treatment & 18,912,300 14 Prevention Fund 15 ***Total Other Non-Duplicated Funds*** $35,426,100 16 Duplicated Funds 17 ***Total Duplicated Funds*** $0 18 (SECTION 4 OF THIS ACT BEGINS ON PAGE 14)

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 Essential Program 250,000 250,000 11 Equipment (HD 1-40) 12 (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 250,000 06 *** Total Agency Funding *** $250,000 07 * * * * * Total Budget * * * * * $250,000 08 (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 250,000 06 ***Total General Funds*** $250,000 07 Federal Funds 08 ***Total Federal Funds*** $0 09 Other Non-Duplicated Funds 10 ***Total Other Non-Duplicated Funds*** $0 11 Duplicated Funds 12 ***Total Duplicated Funds*** $0 13 (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 (6) Alaska Public Employees Association, for the supervisory unit; 22 (7) Alaska Vocational Technical Center Teachers' Association - National 23 Education Association, for the employees of the Alaska Vocational Technical Center. 24 (b) The operating budget appropriations made to the University of Alaska in sec. 1 of 25 this Act include amounts for salary and benefit adjustments for the fiscal year ending June 30, 26 2009, for university employees who are not members of a collective bargaining unit and for 27 implementing the monetary terms of the collective bargaining agreements including the terms 28 of the agreement providing for the health benefit plan for university employees represented by 29 the following entities: 30 (1) Alaska Higher Education Crafts and Trades Employees; 31 (2) Alaska Community Colleges' Federation of Teachers;

01 (3) United Academics; 02 (4) United Academics-Adjuncts. 03 (c) If a collective bargaining agreement listed in (a) or (b) of this section is not ratified 04 by the membership of the respective collective bargaining unit, the appropriations made by 05 this Act that are applicable to that collective bargaining unit's agreement are reduced 06 proportionately by the amount for that collective bargaining agreement, and the corresponding 07 funding source amounts are reduced accordingly. 08 (d) Appropriations made in sec. 1 of this Act for salary and benefit adjustments as 09 described in (a) and (b) of this section are for the benefit of the state's integrated 10 comprehensive mental health program only and do not necessarily affect every group of 11 noncovered employees or every collective bargaining unit listed in (a) and (b) of this section. 12 * Sec. 10. CONDITIONAL EFFECT. The appropriations in the amount of $192,700 made 13 in sec. 1 of this Act relating to nonunion employee salaries and benefits are contingent on 14 passage by the Twenty-Fifth Alaska State Legislature and enactment into law in 2008 of a 15 version of HB 417 or SB 297. 16 * Sec. 11. This Act takes effect July 1, 2008.