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SCS CSHB 302(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. 302(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, 2010 and ending June 30, 2011, 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 2,039,100 1,887,800 151,300 13 Office of Public Advocacy 1,737,000 14 Public Defender Agency 302,100 15 * * * * * * * * * * 16 * * * * * Department of Corrections * * * * * 17 * * * * * * * * * * 18 Inmate Health Care 5,355,200 4,981,200 374,000 19 It is the intent of the legislature that the Department of Corrections develop and implement 20 cost containment strategies regarding the provision of health care, and that the Department 21 report results of their efforts to the legislature by January 31, 2011. 22 Behavioral Health Care 5,355,200 23 Offender Habilitation 1,611,500 1,611,500 24 It is the intent of the legislature that the Department of Corrections will provide detailed 25 information to the legislature on a quarterly basis regarding the success of the Offender 26 Habilitation programs with a strong focus on performance and outcomes. 27 Substance Abuse Treatment 1,611,500 28 Program 29 * * * * * * * * * * 30 * * * * * Department of Education and Early Development * * * * * 31 * * * * * * * * * *

01 Teaching and Learning Support 551,800 339,800 212,000 02 Student and School 551,800 03 Achievement 04 * * * * * * * * * * 05 * * * * * Office of the Governor * * * * * 06 * * * * * * * * * * 07 Executive Operations 100,000 100,000 08 Executive Office 100,000 09 * * * * * * * * * * 10 * * * * * Department of Health and Social Services * * * * * 11 * * * * * * * * * * 12 It is the intent of the legislature that the Department of Health and Social Services continue 13 the Medicaid Reform work to improve efficiency and slow the need for General Funds in the 14 Medicaid program. Specifically, but not exclusively, the Department is to: 15 1) Complete the evaluation of possible changes to program design, determine waiver changes 16 necessary to secure federal funding and report back to the First Session of the 27th Alaska 17 Legislature on suggested changes, expected outcomes related to Medicaid sustainability, and 18 resources needed to accomplish the work. 19 2) Develop and implement public provider reimbursement methodologies and payment rates 20 that will further the goals of Medicaid Reform. 21 3) Continue and enhance the State and Tribal Medicaid work and partnership to enhance our 22 ability to provide Medicaid services through Tribal Health Organizations. 23 It is the intent of the legislature that the Department continues to aggressively pursue 24 Medicaid cost containment initiatives. Efforts should continue where the Department 25 believes additional cost containment is possible including further efforts to contain travel 26 expenses. The Department must continue efforts imposing regulations controlling and 27 materially reducing the cost of Personal Care Attendant (PCA) services. Efforts must be 28 continued utilizing existing resources to impose regulations screening applicants for 29 Residential Psychiatric Treatment Center (RPTC) services, especially for out-of-state 30 services. The department must address the entire matrix of optional Medicaid services, 31 reimbursement rates and eligibility requirements that are the basis of the Medicaid growth

01 algorithm. This work is to utilize the results of the Medicaid Assessment and Planning 02 analysis. The legislature requests that by January 2011 the Department be prepared to present 03 projections of future Medicaid funding requirements under our existing statute and regulations 04 and be prepared to present and evaluate the consequences of viable policy alternatives that 05 could be implemented to lower growth rates and reducing projections of future costs. 06 It is the intent of the legislature that the Department of Health and Social Services eliminate 07 the requirement for narrative and financial quarterly reports for all grant recipients whose 08 grants are $50,000 or less. This is an unnecessary burden and is not a requirement of the 09 federal grants. 10 It is the intent of the legislature that the Department of Health and Social Services make a 11 single 'upfront' payment for any grant award that is $50,000 or less and includes a signature of 12 the grantee certifying compliance with the terms of the grant with their approved application. 13 Signature of the grantee would also certify that if a final report certifying completion of the 14 grant requirements is not filed, future grants will not be considered for that grantee until all 15 requirements of prior grants are completed satisfactorily. In the event a grantee is deemed 16 ineligible for a future grant consideration due to improper filing of final reports, the grantee 17 will be informed about the department's procedures for future consideration of grant 18 eligibility. The department will establish procedures to consider retroactivity for specific grant 19 consideration or express that the retroactivity cannot be considered for certain grants during 20 the selection process. 21 It is the intent of the legislature that the Department of Health and Social Services continue 22 and enhance its efforts to reduce fraud by both providers and beneficiaries of the Medicaid 23 program. 24 Alaska Pioneer Homes 13,984,800 13,984,800 25 It is the intent of the legislature that the Department maintain regulations requiring all 26 residents of the Pioneer Homes to apply for all appropriate benefit programs prior to a state 27 subsidy being provided for their care from the State Payment Assistance program. 28 It is the intent of the legislature that all pioneers' homes and veterans' homes applicants shall 29 complete any forms to determine eligibility for supplemental program funding, such as 30 Medicaid, Medicare, SSI, and other benefits as part of the application process. If an applicant 31 is not able to complete the forms him/herself, or if relatives or guardians of the applicant are

01 not able to complete the forms, Department of Health and Social Services staff may complete 02 the forms for him/her, obtain the individuals' or designee's signature and submit for eligibility 03 per AS 47.25.120. 04 Alaska Pioneer Homes 64,200 05 Management 06 Pioneer Homes 13,920,600 07 Behavioral Health 80,672,000 76,607,700 4,064,300 08 AK Fetal Alcohol Syndrome 459,500 09 Program 10 It is the intent of the legislature that AK Fetal Alcohol Syndrome Programs located in Juneau, 11 Kenai, Sitka, and Bethel be expanded. 12 Alcohol Safety Action 982,300 13 Program (ASAP) 14 Behavioral Health Grants 26,899,500 15 It is the intent of the legislature that $375,000 of this appropriation be used to fund Soteria- 16 Alaska, Inc., which is a home-like, healing environment for Alaskan adults who are newly 17 diagnosed with mental illness. 18 It is the intent of the legislature that the department continue developing policies and 19 procedures surrounding the awarding of recurring grants to assure that applicants are regularly 20 evaluated on their performance in achieving outcomes consistent with the expectations and 21 missions of the Department related to their specific grant. The recipient's specific 22 performance should be measured and incorporated into the decision whether to continue 23 awarding grants. Performance measurement should be standardized, accurate, objective and 24 fair, recognizing and compensating for differences among grant recipients including acuity of 25 services provided, client base, geographic location and other factors necessary and appropriate 26 to reconcile and compare grant recipient performances across the array of providers and 27 services involved. 28 Behavioral Health 4,226,000 29 Administration 30 Community Action 1,547,200 31 Prevention & Intervention

01 Grants 02 Rural Services and Suicide 2,415,700 03 Prevention 04 Psychiatric Emergency 6,687,600 05 Services 06 Services to the Seriously 13,524,200 07 Mentally Ill 08 Designated Evaluation and 3,867,300 09 Treatment 10 Services for Severely 12,887,800 11 Emotionally Disturbed 12 Youth 13 Alaska Psychiatric 6,177,900 14 Institute 15 Alaska Mental Health Board 916,500 16 and Advisory Board on 17 Alcohol and Drug Abuse 18 Suicide Prevention Council 80,500 19 Children's Services 10,932,500 10,402,500 530,000 20 Children's Services 69,500 21 Management 22 It is the intent of the legislature that the Office of Children's Services shall effectively use 23 these funds to address the stated foster youth stability and success goals stated below: 24 $85,000: Supplement Employment Training Vouchers for youth covered by the Independent 25 Living Program. 26 $55,000: Fund an additional 10 University of Alaska Presidential Tuition Waivers beyond the 27 annual 10 waivers funded by the University. 28 $35,000: Television ads to recruit foster parents in shortage areas, including ads on highly 29 watched television programs ($30,000); annual mailing to foster parents on the OCS 30 FosterWear discount clothing plan ($5,000). 31 Front Line Social Workers 148,500

01 Family Preservation 500,000 02 Foster Care Augmented Rate 500,000 03 It is the intent of the legislature that the Office of Children's Services shall effectively use 04 these funds to address the stated foster youth stability and success goals stated below: 05 $100,000: Housing assistance for youth facing the prospect of homelessness after receiving 06 the existing short-term rental help currently offered by the Independent Living Program. 07 Foster Care Special Need 747,900 08 It is the intent of the legislature that the Office of Children's Services shall effectively use 09 these funds to address the stated foster youth stability and success goals stated below: 10 $80,000: These funds shall be used to permit foster youth who move between placements to 11 stay, when in the youth's best interest, in their original school for the remainder of the school 12 term. These funds shall not be used for those "homeless" youth already being provided 13 school stability services under the Federal McKinney-Vento Act. 14 Residential Child Care 3,238,100 15 Infant Learning Program 5,728,500 16 Grants 17 Health Care Services 816,400 349,400 467,000 18 Health Planning and 816,400 19 Infrastructure 20 Juvenile Justice 1,054,600 865,400 189,200 21 McLaughlin Youth Center 654,700 22 Fairbanks Youth Facility 103,700 23 Bethel Youth Facility 57,100 24 Probation Services 239,100 25 It is the intent of the legislature that $115,000 of this appropriation and one PFT position for 26 Probation Services be used to review the Aggression Replacement Training program, and 27 provide program oversight and quality assurance. 28 Public Assistance 13,200 13,200 29 Public Assistance 13,200 30 Administration 31 Public Health 1,046,100 971,100 75,000

01 Nursing 98,200 02 Women, Children and Family 827,500 03 Health 04 Certification and Licensing 120,400 05 Senior and Disabilities 15,358,100 14,089,900 1,268,200 06 Services 07 General Relief/Temporary 740,300 08 Assisted Living 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 Senior and Disabilities 3,031,600 17 Services Administration 18 Senior Community Based 2,809,100 19 Grants 20 It is the intent of the legislature that funding in the FY 2011 budget for Senior Community 21 Based Grants be used to invest in successful home and community based supports provided 22 by grantees who have demonstrated successful outcomes documented in accordance with the 23 department's performance based evaluation procedures. 24 Community Developmental 7,924,800 25 Disabilities Grants 26 Commission on Aging 116,900 27 Governor's Council on 735,400 28 Disabilities and Special 29 Education 30 Departmental Support 1,462,100 1,402,100 60,000 31 Services

01 It is the intent of the legislature that the Department explain the Medicaid school based claim 02 program to all school districts in Alaska and encourage them to participate in the program. 03 Commissioner's Office 167,000 04 It is the intent of the legislature that the Department of Health and Social Services complete 05 the following tasks related to fiscal audits required in chapter 66, SLA 2003 of all Medicaid 06 providers: 07 1. Develop regulations addressing the use of extrapolation methodology following an audit of 08 Medicaid providers that clearly defines the difference between actual overpayment of funds to 09 a provider and ministerial omission or clerical billing error that does not result in 10 overpayment to the provider. The extrapolation methodology will also define percentage of 11 'safe harbor' overpayment rates for which extrapolation methodology will be applied. 12 2. Develop training standards and definitions regarding ministerial and billing errors versus 13 overpayments. Include the use of those standards and definitions in the State's audit contracts. 14 All audits initiated after the effective date of this intent and resulting in findings of 15 overpayment will be calculated under the Department's new regulations governing 16 overpayment standards and extrapolation methodology. 17 It is the intent of the legislature that the department develops a ten year funding source and 18 use of funds projection for the entire department. 19 It is the intent of the legislature that the department continue working on implementing a 20 provider rate rebasing process and specific funding recommendations for both Medicaid and 21 non-Medicaid providers to be completed and available to the legislature no later than 22 December 15, 2010. 23 Administrative Support 91,400 24 Services 25 Information Technology 853,700 26 Services 27 HSS State Facilities Rent 350,000 28 Medicaid Services 54,954,100 54,954,100 29 It is the intent of the legislature that the Department of Health and Social Services identify 30 and investigate alternatives that could improve internal administrative management and 31 accounting controls over the Medicaid program, including determining the viability of

01 outsourcing those activities. The Department should be prepared to present its findings to the 02 legislature during the 2011 session. 03 Behavioral Health Medicaid 52,050,300 04 Services 05 It is the intent of the legislature that $553,500 of this appropriation be used to fund an increase 06 in level V residential treatment reimbursement rates for part of the fiscal year when the 07 department has completed its cost/rate review, and/or as a means of avoiding closure of level 08 V facilities who haven't had a rate increase in nearly 5 years. The department should 09 complete its rate/cost review and report back to the legislature by January 31, 2011 on the 10 need for level V rate increases. 11 Children's Medicaid 2,903,800 12 Services 13 * * * * * * * * * * 14 * * * * * Department of Law * * * * * 15 * * * * * * * * * * 16 Civil Division 86,000 86,000 17 Human Services 86,000 18 * * * * * * * * * * 19 * * * * * Department of Natural Resources * * * * * 20 * * * * * * * * * * 21 Resource Development 2,360,000 2,360,000 22 Mental Health Trust Lands 2,360,000 23 Administration 24 * * * * * * * * * * 25 * * * * * Department of Revenue * * * * * 26 * * * * * * * * * * 27 Alaska Mental Health Trust 2,849,800 91,500 2,758,300 28 Authority 29 Mental Health Trust 2,758,300 30 Operations 31 Long Term Care Ombudsman 91,500

01 Office 02 * * * * * * * * * * 03 * * * * * University of Alaska * * * * * 04 * * * * * * * * * * 05 It is the intent of the legislature that future requests by the University of Alaska for 06 Unrestricted General Funds move toward a long-term goal of 125 percent of actual University 07 Receipts for the most recently closed fiscal year. 08 Budget Reductions/Additions 18,100 18,100 09 Budget Reductions/Additions 18,100 10 - Systemwide 11 It is the intent of the legislature that the University provide a report to the legislature by 12 February 1, 2011 that specifies the amount of money transferred from and to each allocation 13 in reference to the 3% transfer of federal receipts, unrestricted general funds, and university 14 receipts into the Budget Reductions/Additions - Systemwide appropriation. 15 Statewide Programs and 805,600 392,900 412,700 16 Services 17 Statewide Services 805,600 18 University of Alaska 1,387,800 194,800 1,193,000 19 Anchorage 20 Anchorage Campus 1,387,800 21 University of Alaska 87,500 87,500 22 Fairbanks 23 Fairbanks Campus 87,500 24 * * * * * * * * * * 25 * * * * * Alaska Court System * * * * * 26 * * * * * * * * * * 27 Alaska Court System 227,000 227,000 28 Trial Courts 227,000 29 It is the intent of the legislature that the FY12 budget will appropriate all transcription funding 30 to the agencies that order those transcripts from the Alaska Court System. 31 Therapeutic Courts 2,586,400 1,493,100 1,093,300

01 It is the intent of the legislature that the Court System contract to purchase services associated 02 with therapeutic courts in amounts it determines are in the best interest of operating 03 therapeutic courts efficiently and effectively. Contract amounts should stem from the amounts 04 transferred from other agencies into this appropriation. 05 Therapeutic Courts 2,586,400 06 (SECTION 2 OF THIS ACT BEGINS ON THE NEXT PAGE)

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 1,887,800 06 1092 Mental Health Trust Authority Authorized 151,300 07 Receipts 08 *** Total Agency Funding *** $2,039,100 09 Department of Corrections 10 1037 General Fund / Mental Health 6,592,700 11 1092 Mental Health Trust Authority Authorized 374,000 12 Receipts 13 *** Total Agency Funding *** $6,966,700 14 Department of Education and Early Development 15 1037 General Fund / Mental Health 339,800 16 1092 Mental Health Trust Authority Authorized 212,000 17 Receipts 18 *** Total Agency Funding *** $551,800 19 Office of the Governor 20 1092 Mental Health Trust Authority Authorized 100,000 21 Receipts 22 *** Total Agency Funding *** $100,000 23 Department of Health and Social Services 24 1037 General Fund / Mental Health 153,959,300 25 1092 Mental Health Trust Authority Authorized 6,653,700 26 Receipts 27 1180 Alcohol and Other Drug Abuse Treatment & 19,680,900 28 Prevention Fund 29 *** Total Agency Funding *** $180,293,900 30 Department of Law 31 1037 General Fund / Mental Health 86,000

01 *** Total Agency Funding *** $86,000 02 Department of Natural Resources 03 1092 Mental Health Trust Authority Authorized 2,360,000 04 Receipts 05 *** Total Agency Funding *** $2,360,000 06 Department of Revenue 07 1037 General Fund / Mental Health 91,500 08 1094 Mental Health Trust Administration 2,758,300 09 *** Total Agency Funding *** $2,849,800 10 University of Alaska 11 1037 General Fund / Mental Health 605,800 12 1092 Mental Health Trust Authority Authorized 1,693,200 13 Receipts 14 *** Total Agency Funding *** $2,299,000 15 Alaska Court System 16 1037 General Fund / Mental Health 1,202,800 17 1092 Mental Health Trust Authority Authorized 1,093,300 18 Receipts 19 1180 Alcohol and Other Drug Abuse Treatment & 517,300 20 Prevention Fund 21 *** Total Agency Funding *** $2,813,400 22 * * * * * Total Budget * * * * * $200,359,700 23 (SECTION 3 OF THIS ACT BEGINS ON THE NEXT PAGE)

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 Unrestricted General Funds 05 1037 General Fund / Mental Health 164,765,700 06 ***Total Unrestricted General Funds*** $164,765,700 07 Designated General Funds 08 1180 Alcohol and Other Drug Abuse Treatment & 20,198,200 09 Prevention Fund 10 ***Total Designated General Funds*** $20,198,200 11 Other Non-Duplicated Funds 12 1092 Mental Health Trust Authority Authorized 12,637,500 13 Receipts 14 1094 Mental Health Trust Administration 2,758,300 15 ***Total Other Non-Duplicated Funds*** $15,395,800 16 Federal Funds 17 ***Total Federal Funds*** $0 18 Duplicated Funds 19 ***Total Duplicated Funds*** $0 20 (SECTION 4 OF THIS ACT BEGINS ON THE NEXT PAGE)

01 * Sec. 4. The following appropriations are for capital projects and grants from the general 02 fund or other funds as set out in section 5 of this Act by funding source to the agencies named 03 for the purposes expressed. They lapse under AS 37.25.020, unless otherwise noted. 04 Appropriation General Other 05 Allocations Items Funds Funds 06 * * * * * * * * * * 07 * * * * * Department of Health and Social Services * * * * * 08 * * * * * * * * * * 09 MH Deferred Maintenance 500,000 500,000 10 and Accessibility 11 Improvements (HD 1-40) 12 (SECTION 5 OF THIS ACT BEGINS ON THE NEXT PAGE)

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 *** Total Agency Funding *** $500,000 07 * * * * * Total Budget * * * * * $500,000 08 (SECTION 6 OF THIS ACT BEGINS ON THE NEXT PAGE)

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 Unrestricted General Funds 05 1037 General Fund / Mental Health 500,000 06 ***Total Unrestricted General Funds*** $500,000 07 Designated General Funds 08 ***Total Designated General Funds*** $0 09 Other Non-Duplicated Funds 10 ***Total Other Non-Duplicated Funds*** $0 11 Federal Funds 12 ***Total Federal Funds*** $0 13 Duplicated Funds 14 ***Total Duplicated Funds*** $0 15 (SECTION 7 OF THIS ACT BEGINS ON THE NEXT PAGE)

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 2011, of the following collective bargaining agreements: 15 (1) Marine Engineers' Beneficial Association, representing licensed engineers 16 employed by the Alaska marine highway system; 17 (2) Inlandboatmen's Union of the Pacific, representing the unlicensed marine 18 unit; 19 (3) International Organization of Masters, Mates, and Pilots, for the masters, 20 mates, and pilots unit; 21 (4) Public Safety Employees Association, representing regularly 22 commissioned public safety officers; 23 (5) Alaska Vocational Technical Center Teachers' Association - National 24 Education Association, representing employees of the Alaska Vocational Technical Center; 25 (6) Public Employees Local 71, for the labor, trades, and crafts unit; and 26 (7) Teachers' Education Association of Mt. Edgecumbe. 27 (b) The operating budget appropriations made to the University of Alaska in sec. 1 of 28 this Act include amounts for salary and benefit adjustments for the fiscal year ending June 30, 29 2011, for university employees who are not members of a collective bargaining unit and for 30 implementing the monetary terms of the collective bargaining agreements including the terms 31 of the agreement providing for the health benefit plan for university employees represented by

01 the following entities: 02 (1) Alaska Higher Education Crafts and Trades Employees; 03 (2) University of Alaska Federation of Teachers; 04 (3) United Academics; 05 (4) United Academics-Adjuncts. 06 (c) If a collective bargaining agreement listed in (a) or (b) of this section is not ratified 07 by the membership of the respective collective bargaining unit, the appropriations made by 08 this Act that are applicable to that collective bargaining unit's agreement are reduced 09 proportionately by the amount for that collective bargaining agreement, and the corresponding 10 funding source amounts are reduced accordingly. 11 (d) Appropriations made in sec. 1 of this Act for salary and benefit adjustments as 12 described in (a) and (b) of this section are for the benefit of the state's integrated 13 comprehensive mental health program only and do not necessarily affect every group of 14 noncovered employees or every collective bargaining unit listed in (a) and (b) of this section. 15 * Sec. 10. This Act takes effect July 1, 2010.