00                            SENATE BILL NO. 155                                                                         
01 "An Act relating to medical assistance payment rates for cognitive disabilities; and                                    
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 47.07 is amended by adding a new section tor read:                                                 
05            Sec. 47.07.047. Level of care determinations for cognitive disabilities. (a)                               
06       The department shall establish in regulation a system for setting medical assistance                              
07       reimbursement rates based on the functional level of care needed by an eligible                                   
08       recipient with a diagnosed cognitive disability, regardless of the recipient's need for                           
09       medical or personal care support. The system must address eligible recipients' needs                              
10       for appropriate assessment, rehabilitation, case management, ongoing support and                                  
11       respite or companion services, regardless of whether the services are provided in a                               
12       health care facility or under a home and community-based waiver granted under                                     
13       AS 47.07.045.                                                                                                     
14            (b)  The system established under this section must include an initial eligibility                           

01       determination and plan of care by a qualified professional that considers the recipient's                         
02       need for cognitive cuing, external physical assistance, and assistance with activities of                         
03       daily living. The eligibility determination made under this subsection is independent                             
04       of the level of care determination made by a facility in which the recipient may be                               
05       placed.                                                                                                           
06            (c)  In this section, "diagnosed cognitive disability" means a brain injury,                                 
07       Alzheimer's disease or related dementia, or other brain condition resulting in a                                  
08       significant impairment of independent functioning that necessitates supervision or the                            
09       provision of health care services to meet basic needs, as determined by a physician                               
10       licensed in the state.                                                                                            
11    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
12 read:                                                                                                                   
13       TRANSITION: REGULATIONS. The Department of Health and Social Services may                                         
14 proceed to adopt regulations necessary to implement AS 47.07.047, added by sec. 1 of this                               
15 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                                 
16 before the effective date of sec. 1 of this Act.                                                                        
17    * Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c).                                    
18    * Sec. 4. Except as provided in sec. 3 of this Act, this Act takes effect July 1, 2010.