SB 98: "An Act relating to medical assistance for recipients of adult foster care services; establishing an adult foster care home license and procedures; and providing for the transition of individuals from foster care to adult foster care homes."
00 SENATE BILL NO. 98 01 "An Act relating to medical assistance for recipients of adult foster care services; 02 establishing an adult foster care home license and procedures; and providing for the 03 transition of individuals from foster care to adult foster care homes." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.07 is amended by adding new sections to read: 06 Sec. 47.07.047. Declaration of policy. It is the policy of the state and the 07 purpose of AS 47.07.048 to support individuals who are or were in the custody of the 08 state under AS 47.10, residing in a licensed foster care home, and eligible for home 09 and community-based waiver services by providing the means for an individual to 10 remain in the same home and with the same families when they are released from state 11 custody after turning 18 years of age. The department shall make reasonable efforts to 12 implement adult foster care services in a streamlined manner for the benefit of both 13 the individual being released from state custody and that individual's foster family. 14 Sec. 47.07.048. Adult foster care services. (a) The department shall make a
01 reasonable effort to assist a foster parent who holds a license to operate a foster home 02 under AS 47.32 with the process to transition from a foster home license to an adult 03 foster care home license in order to maintain the placement of and services provided to 04 a minor who is eligible for home and community-based waiver services under 05 AS 47.07.045 and who is being released from state custody after turning 18 years of 06 age. 07 (b) The department shall pay for adult foster care services at a daily rate set by 08 the department in regulation if 09 (1) the individual receiving adult foster care services is eligible for 10 medical assistance under AS 47.07.020; 11 (2) the individual's support plan is approved for adult foster care 12 services; and 13 (3) the person providing adult foster care services under this section 14 receives a license to operate an adult foster care home under AS 47.32. 15 (c) Notwithstanding other limitations of Medicaid coverage under 16 AS 47.07.020, an individual may receive habilitative and rehabilitative care in 17 addition to adult foster care services. 18 (d) The department shall adopt regulations to implement this section, 19 including regulations that 20 (1) set a daily rate for adult foster care services under (b) of this 21 section; 22 (2) provide standards for long-term care support for an individual 23 receiving adult foster care services; 24 (3) create standards for operating an adult foster care home; 25 (4) create a procedure to transition a minor in a licensed foster care 26 home to a licensed adult foster care home. 27 (e) In this section, "adult foster care home" has the meaning given in 28 AS 47.32.900. 29 * Sec. 2. AS 47.32.010(b) is amended to read: 30 (b) This chapter and regulations adopted under this chapter apply to the 31 following entities:
01 (1) ambulatory surgical centers; 02 (2) assisted living homes; 03 (3) child care facilities; 04 (4) child placement agencies; 05 (5) foster homes; 06 (6) freestanding birth centers; 07 (7) home health agencies; 08 (8) hospices, or agencies providing hospice services or operating 09 hospice programs; 10 (9) hospitals; 11 (10) intermediate care facilities for individuals with an intellectual 12 disability or related condition; 13 (11) maternity homes; 14 (12) nursing facilities; 15 (13) residential child care facilities; 16 (14) residential psychiatric treatment centers; 17 (15) runaway shelters; 18 (16) rural health clinics; 19 (17) crisis stabilization center; 20 (18) adult foster care homes. 21 * Sec. 3. AS 47.32 is amended by adding a new section to read: 22 Sec. 47.32.033. Adult foster care home license; variance. (a) The department 23 may license a person to operate an adult foster home for a minor when the minor turns 24 18 years of age if the person 25 (1) holds a license under this chapter to operate a foster home at the 26 time of application; 27 (2) is providing care for a minor who is or who, at the time of turning 28 18 years of age, was 29 (A) in the custody of the state; 30 (B) residing in the person's licensed foster care home; and 31 (C) receiving home and community-based waiver services
01 under AS 47.07.045. 02 (b) The department shall streamline the application and licensing paperwork 03 necessary for a person to be approved as an adult foster care home. 04 (c) The department shall approve a variance of the applicable building code 05 requirements for licensure of an adult foster care home to the extent permitted by 06 federal law if an applicant does not meet the requirements at the time of inspection and 07 (1) the home design and construction is consistent with homes located 08 in the community; and 09 (2) the home is otherwise a safe environment for the individual 10 receiving care. 11 * Sec. 4. AS 47.32.900 is amended by adding a new paragraph to read: 12 (23) "adult foster care home" means a residence in which the adult 13 head of household provides 24-hour care on a continuing basis to not more than two 14 adults for compensation or reimbursement for approved services provided to an 15 individual eligible under AS 47.07.048 unless the provider has received a variance 16 from the department to serve more than two adults or children; in this paragraph, 17 "care" means to provide or oversee for the physical, mental, and social needs of an 18 individual. 19 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 WAIVERS. The Department of Health and Social Services shall submit for approval 22 by the United States Department of Health and Human Services an amendment to the state 23 plan, the 1915(c) waivers, or a 1115 demonstration waiver to allow eligible individuals to 24 receive adult foster care services, including, if approved as not being a duplicative service, 25 allowing other long-term care services under 42 U.S.C. 1396 - 1396p (Title XIX, Social 26 Security Act) while receiving adult foster care services under this Act. In this section, "adult 27 foster care home" has the meaning given in AS 47.32.900, as amended by sec. 4 of this Act. 28 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 REVISOR'S INSTRUCTION. (a) If this Act and an executive order submitted by the 31 governor to the Thirty-Second State Legislature in the First Regular Session reorganizing the
01 Department of Health and Social Services both become law, the revisor of statutes is 02 requested to give effect to both the provisions of this Act and the executive order by changing 03 the "Department of Health and Social Services" to the "Department of Health." 04 (b) If this Act and an Act amending the term "crisis stabilization center" to read 05 "subacute mental health facility" both become law, the revisor of statutes is requested to give 06 effect to both Acts.