Legislature(2023 - 2024)BUTROVICH 205

02/27/2024 03:30 PM Senate HEALTH & SOCIAL SERVICES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
03:31:31 PM Start
03:32:18 PM Presentation: Department of Health Response to Legislative Budget & Audit Findings
03:51:51 PM SB240
04:28:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Department of Health Response TELECONFERENCED
to LB&A Audit Findings
-- Testimony <Invitation Only> --
*+ SB 240 SCHOOL DISTRICT MEDICAL ASSISTANCE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                     ALASKA STATE LEGISLATURE                                                                                 
       SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                   
                        February 27, 2024                                                                                       
                            3:31 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator David Wilson, Chair                                                                                                     
Senator Löki Tobin                                                                                                              
Senator Forrest Dunbar                                                                                                          
Senator Cathy Giessel                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator James Kaufman, Vice Chair                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION: DEPARTMENT OF HEALTH RESPONSE TO LEGISLATIVE                                                                      
BUDGET & AUDIT FINDINGS                                                                                                         
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
SENATE BILL NO. 240                                                                                                             
"An   Act   relating   to   medical   assistance   coverage   for                                                               
rehabilitative, mandatory, and optional services furnished or                                                                   
paid for by a school district on behalf of certain children."                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 240                                                                                                                  
SHORT TITLE: SCHOOL DISTRICT MEDICAL ASSISTANCE                                                                                 
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/19/24       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/24       (S)       HSS                                                                                                    
02/27/24       (S)       HSS AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
EMILY RICCI, Deputy Commissioner                                                                                                
Department of Health (DOH)                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Co-presented the Department of Health                                                                     
Response to Legislative Budget & Audit Findings.                                                                                
                                                                                                                                
HEIDI HEDBERG, Commissioner                                                                                                     
Department of Health (DOH)                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Co-presented the Department of Health                                                                     
Response to Legislative Budget & Audit Findings.                                                                                
                                                                                                                                
DEB ETHERIDGE, Director                                                                                                         
Division of Public Assistance                                                                                                   
Department of Health                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on FY2022 legislative                                                                  
audit findings.                                                                                                                 
                                                                                                                                
HEIDI HEDBERG, Commissioner                                                                                                     
Department of Health (DOH)                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Introduced SB 240 on behalf of the                                                                        
administration.                                                                                                                 
                                                                                                                                
EMILY RICCI, Deputy Commissioner                                                                                                
Department of Health (DOH)                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Gave a presentation on SB 240.                                                                            
                                                                                                                                
LEAH VAN KIRK, Deputy Director                                                                                                  
Healthcare Policy Advisor                                                                                                       
Department of Health                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Offered a presentation on SB 240.                                                                         
                                                                                                                                
DEBORAH RIDDLE, Operations Manager                                                                                              
Division of Innovation and Education Excellence                                                                                 
Department of Education and Early Development (DEED)                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on SB 240.                                                                             
                                                                                                                                
TREVOR STORRS, President                                                                                                        
Alaska Children's Trust                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 240.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:31:31 PM                                                                                                                    
CHAIR DAVID WILSON  called the Senate Health  and Social Services                                                               
Standing Committee meeting  to order at 3:31 p.m.  Present at the                                                               
call to order were Senators  Dunbar, Giessel, Kaufman, Tobin, and                                                               
Chair Wilson.                                                                                                                   
                                                                                                                                
^PRESENTATION:  DEPARTMENT  OF  HEALTH  RESPONSE  TO  LEGISLATIVE                                                               
BUDGET & AUDIT FINDINGS                                                                                                         
    PRESENTATION: DEPARTMENT OF HEALTH RESPONSE TO LEGISLATIVE                                                              
                     BUDGET & AUDIT FINDINGS                                                                                
                                                                                                                              
3:32:18 PM                                                                                                                    
CHAIR  WILSON announced  the  consideration  of the  presentation                                                               
Department  of  Health Response  to  Legislative  Budget &  Audit                                                               
Findings.                                                                                                                       
                                                                                                                                
3:32:52 PM                                                                                                                    
HEIDI   HEDBERG,  Commissioner,   Department  of   Health  (DOH),                                                               
Anchorage, Alaska, introduced herself.                                                                                          
                                                                                                                                
3:33:00 PM                                                                                                                    
EMILY  RICCI, Deputy  Commissioner, Department  of  Health (DOH),                                                               
Anchorage,   Alaska,  co-presented   the  Department   of  Health                                                               
Response to  Legislative Budget  & Audit  Findings. She  moved to                                                               
slide 2:                                                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                  Division of Behavioral Health                                                                                 
                       FY22 Audit Findings                                                                                      
                                                                                                                                
                     Audit Finding Category 1                                                                                 
                                                                                                                              
     Major Impacted Programs:                                                                                                   
      • Medicaid/CHIP (Children's Health Insurance Program)                                                                     
                                                                                                                                
     Audit Finding Conditions                                                                                                   
     • Benefit Payment Issues                                                                                                   
     • Member Eligibility Ingestion                                                                                             
     • Provider Eligibility Screening                                                                                           
                                                                                                                                
MS.  RICCI said  Category  1  of the  audit  finding pertains  to                                                               
Medicaid  and the  Children's  Health  Insurance Program  (CHIP),                                                               
particularly focusing  on audit findings 2022-050,  2022-051, and                                                               
2022-056.  These  findings   primarily  concern  benefit  payment                                                               
issues, member  eligibility, and provider  eligibility screening,                                                               
with  the  Division of  Behavioral  Health  and  the Division  of                                                               
Healthcare  Services being  the most  impacted. The  findings are                                                               
related to  a combination of  systems and process  issues between                                                               
the two divisions.                                                                                                              
                                                                                                                                
3:33:56 PM                                                                                                                    
MS. RICCI  highlighted that  audit finding 2022-050  involves the                                                               
provisional enrollment of certain  provider types for a period of                                                               
time  while  they  were  still  providing  services  to  Medicaid                                                               
recipients,  which   did  not  align  with   existing  department                                                               
regulations. Among other issues,  efforts to resolve this include                                                               
a review  of provider  enrollment and  documentation by  both the                                                               
Division  of Behavioral  Health  and the  Division of  Healthcare                                                               
Services to  ensure providers meet certification.  Also, both the                                                               
Division  of  Behavioral  Health   and  the  Medicaid  Management                                                               
Information System  in the Division  of Health Care  Services are                                                               
to maintain  regulation standards.  The issue  is expected  to be                                                               
fully resolved in  FY 2025, following the transition  to a single                                                               
Medicaid  Enterprise  system.   Meanwhile,  divisions  are  using                                                               
system updates along with  manual process review and oversight to                                                               
keep further issues from occurring.                                                                                             
                                                                                                                                
3:35:40 PM                                                                                                                    
MS. RICCI explained that  audit finding 2022-056 also pertains to                                                               
documentation gaps  in the  system for  providers.   For example,                                                               
one  of the  gaps found  in the  system was  the  requirement for                                                               
documentation of  a master's  degree for  the position  of Mental                                                               
Health  Professional  Counselor   that  is  a  Behavioral  Health                                                               
rendering  provider  type  covered  under  the  State  plan.  The                                                               
divisions  are   collaborating  to  ensure   that  all  necessary                                                               
documentation  is   correctly  housed  within   the  Division  of                                                               
Behavioral Health and the  Medicaid Management Information System                                                               
(MMIS).                                                                                                                         
                                                                                                                                
MS.  RICCI noted  that audit  finding 2022-051  was self-reported                                                               
and  concerns  the   Behavioral  Health  Administration  Services                                                               
Organization's issues  with processing eligibility  fees from the                                                               
Division  of Public  Assistance. Some  issues have  been resolved                                                               
through  system  updates.  However, Optum  Alaska  Administrative                                                               
Services  Organization  (ASO) is  not  able  to  address all  the                                                               
issues.  Full  resolution is  anticipated  in  FY  2025 with  the                                                               
transition to  a single  Medicaid claims  payment system.  In the                                                               
meantime,  the  department  is  doing manual  checks  to  address                                                               
ongoing issues.                                                                                                                 
                                                                                                                                
3:37:16 PM                                                                                                                    
CHAIR WILSON inquired about  audit finding 2022-050, specifically                                                               
concerning  paid  behavioral  health  claims.  He  asked  if  the                                                               
department has a new estimate on the error rate.                                                                                
                                                                                                                                
3:37:57 PM                                                                                                                    
MS.  RICCI  responded  that  the  error rate  is  lower  than  68                                                               
percent, but  she did  not have the  exact figure  available. She                                                               
explained  that   the  division  has  taken   several  corrective                                                               
actions,  including  issuing  two  cure letters,  engaging  in  a                                                               
corrective  action  plan  with Optum,  and  implementing  process                                                               
reviews.  The  division is  also  holding  historical claims  for                                                               
accuracy  reviews, conducting  more  frequent claims  monitoring,                                                               
performing quarterly  reviews specifically related  to this audit                                                               
finding, and increasing post-payment  reviews to quickly identify                                                               
and resolve any issues.                                                                                                         
                                                                                                                                
3:38:39 PM                                                                                                                    
COMMISSIONER HEDBERG moved to slide 3:                                                                                          
                                                                                                                                
[Original punctuation provide.]                                                                                                 
                                                                                                                                
                Division of Public Assistance FY22                                                                              
                          Audit Findings                                                                                        
                                                                                                                                
                     Audit Finding Category 2                                                                                   
                                                                                                                                
     Major Impacted Programs:                                                                                                   
      • Medicaid/CHIP (Children's Health Insurance Program)                                                                     
     • Low Income Heating Assistance Program (LIHEAP)                                                                           
     • Supplemental Nutrition Program (SNAP)                                                                                    
     • Temporary Assistance for Needy Families (TANF)                                                                           
     Audit Finding Conditions                                                                                                   
     • Benefit Payment Issues for SNAP and TANF                                                                                 
      • Member Eligibility Issues for Medicaid/CHIP and TANF                                                                    
     • Program Reporting for LIHEAP and TANF                                                                                    
                                                                                                                                
COMMISSIONER  HEDBERG  addressed  the  second category  of  audit                                                               
findings, primarily involving  public assistance programs managed                                                               
by the Division of Public  Assistance. The audit findings related                                                               
to   the  Supplemental   Nutrition  Assistance   Program  (SNAP),                                                               
Temporary  Assistance for  Needy Families  (TANF),  Medicaid, and                                                               
the  Low-Income Home  Energy  Assistance  Program (LIHEAP),  also                                                               
known as the Heating and Water Assistance Program.                                                                              
                                                                                                                                
3:39:10 PM                                                                                                                    
COMMISSIONER  HEDBERG  said  she  would discuss  the  five  major                                                               
strategies  the division  is  focusing on  to  address the  audit                                                               
findings:                                                                                                                       
                                                                                                                                
 • Quality Improvement Plan: Prior hearings with the Division of                                                                
   Public  Assistance, Field  Services, discussed  a  business process                                                          
   redesign.  The  division  has  finalized  a  strategic  roadmap  to                                                          
   identify   gaps,   streamline   processes,  and   improve   service                                                          
   deliveries.  This plan involves  five committees composed  of staff                                                          
   across  various  sectors of  Public  Assistance, including  policy,                                                          
   finance,  field  staff,   and  leadership.  These  committees  will                                                          
   address state and federal  corrective action plans, audit findings,                                                          
   and  pull together  data  analysis from  the five  focus  areas of:                                                          
   financial  accountability,  state  and federal  corrective  action,                                                          
   information technology, policy  and procedure, and business process                                                          
   redesign. The  five committees will pull  together documentation to                                                          
   look  at  the  issues that  were  identified,  how  to prevent  the                                                          
   issues,  and what  system changes  need to  happen  surrounding IT,                                                          
   staff  training,  and policy.  The  continuous quality  improvement                                                          
   plan will  occur in April. Home and  Community-Based Systems (HCBS)                                                          
   Strategies  was contracted to  initiate strong facilitation  of the                                                          
   quality improvement process.                                                                                                 
                                                                                                                                
3:42:04 PM                                                                                                                    
COMMISSIONER HEDBERG continued discussing the department's five                                                                 
strategies:                                                                                                                     
                                                                                                                                
 • New Deputy Director: The division has appointed a new deputy                                                                 
   director   with   20   years   of  state   government   experience,                                                          
   specifically  in administration  and  finance, to  help  ensure the                                                          
   accounting  structures are  properly  set up  and  expenditures are                                                          
   correctly categorized.                                                                                                       
                                                                                                                                
 • Accounting Structure Review: The division is conducting a deep                                                               
   dive  into its  accounting  structures to  ensure they  are  set up                                                          
   properly  and that expenditures  align with the  correct accounting                                                          
   code.                                                                                                                        
                                                                                                                                
 • TANF Program Compliance: A contractor, Public Consulting Group                                                               
   (PCG), has  been engaged to  provide technical assistance  and help                                                          
   bring  the TANF  program into  compliance. This  includes reviewing                                                          
   audit findings and administrative practices.                                                                                 
                                                                                                                                
 • Partnership with U.S. Digital Services: The division is                                                                      
   collaborating with  U.S. Digital Services  to improve the  ex parte                                                          
   process  for   Medicaid  redeterminations  and   enhance  the  data                                                          
   connections, increasing the  percentage of automatically determined                                                          
   redeterminations  to 20-25  percent per  month.  Additionally, they                                                          
   are assisting with improving the SNAP reapplication process.                                                                 
                                                                                                                                
3:44:21 PM                                                                                                                    
SENATOR DUNBAR commented  that he had been informed  that the new                                                               
deputy   director  has   relevant  experience   related   to  the                                                               
transition  away  from  Optum and  the  [Administrative  Services                                                               
Organization  (ASO)]  system.  Dunbar  expressed hope  that  this                                                               
transition will proceed smoothly,  noting that many providers are                                                               
eager to  return to  a system  that does  not involve  [ASOs]. He                                                               
then inquired about the SNAP  program, observing that it seems to                                                               
have a  lower rate of inaccuracies  or insufficient documentation                                                               
compared  to Medicaid,  where timeliness  is a  bigger  issue. He                                                               
asked whether the 10 percent  of incorrectly calculated cases and                                                               
the 42 percent  with insufficient information are  related to the                                                               
income of the benefit recipients  or other factors, such as their                                                               
assets.                                                                                                                         
                                                                                                                                
3:45:43 PM                                                                                                                    
COMMISSIONER HEDBERG deferred to the question.                                                                                  
                                                                                                                                
3:45:56 PM                                                                                                                    
DEB   ETHERIDGE,  Director,   Division   of  Public   Assistance,                                                               
Department  of  Health,  Juneau,  Alaska,  clarified  that  asset                                                               
levels do not impact  SNAP calculations. However, several factors                                                               
could  affect the  calculations, not  just income.  She explained                                                               
that  verification  of  shelter  costs or  utilities  could  also                                                               
influence  the  amount  of  SNAP  benefits  distributed  and  the                                                               
eligibility determination.                                                                                                      
                                                                                                                                
3:46:26 PM                                                                                                                    
SENATOR DUNBAR noted that 10 percent  of SNAP cases were found to                                                               
be  incorrect, and  42  percent had  insufficient information  or                                                               
inaccurate  data in  ILINX.  He requested  a  description of  the                                                               
types of documents that were missing in these cases.                                                                            
                                                                                                                                
MS. ETHERIDGE  explained that errors  in SNAP cases  could result                                                               
from both agency  and client mistakes. For  example, income might                                                               
not have  been reported  correctly by the  client, or  the agency                                                               
could  have registered  it  incorrectly. She  clarified that  the                                                               
ILINX  system  is  the   division's  online  document  management                                                               
system.  Errors in  this system  could occur  if  verified income                                                               
documents  were not  properly  stored,  making them  inaccessible                                                               
during the audit.                                                                                                               
                                                                                                                                
SENATOR DUNBAR  asked if the  ILINX system is primarily  used for                                                               
income verification  documentation or if it  includes other types                                                               
of documentation that individuals might have failed to upload.                                                                  
                                                                                                                                
3:47:36 PM                                                                                                                    
MS. ETHERIDGE explained that  the ILINX system contains a variety                                                               
of    documents,   including    applications,   renewal    forms,                                                               
identification, and any  other forms required by  the division to                                                               
make a  determination. Additionally, the system  may store copies                                                               
of notices, letters, and  requests for fair hearings. She likened                                                               
the ILINX system to an  old-fashioned paper file, except that all                                                               
documents are stored electronically.                                                                                            
                                                                                                                                
SENATOR DUNBAR  inquired whether asset tests  are documented and,                                                               
if so, whether those documents are stored in the ILINX system.                                                                  
                                                                                                                                
3:48:15 PM                                                                                                                    
MS. ETHERIDGE  confirmed that  all assets,  when there  are asset                                                               
tests, are  documented, and  the related documentation  should be                                                               
stored  in the  ILINX  system.  She suggested  that  some of  the                                                               
errors  might have  occurred due  to issues  with the  storage of                                                               
these documents in the system.                                                                                                  
                                                                                                                                
3:48:37 PM                                                                                                                    
CHAIR  WILSON  asked  whether  the  department  has  conducted  a                                                               
retrospective  review by  taking a  random sampling  of  files to                                                               
assess the potential error rate.                                                                                                
                                                                                                                                
MS.   ETHERIDGE  responded   that  the   department   conducts  a                                                               
management  evaluation,  which includes  both  a  federal and  an                                                               
internal management assessment. This  evaluation not only reviews                                                               
cases to  determine if they  were processed correctly  or made an                                                               
error  but also  involves  extensive staff  interviews to  assess                                                               
their  knowledge. She  noted  that this  evaluation occurs  every                                                               
other year.                                                                                                                     
                                                                                                                                
3:49:20 PM                                                                                                                    
COMMISSIONER HEDBERG acknowledged the end of the presentation.                                                                  
                                                                                                                                
3:49:52 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
            SB 240-SCHOOL DISTRICT MEDICAL ASSISTANCE                                                                       
                                                                                                                                
3:51:51 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration of SENATE BILL NO.  240 "An Act relating to medical                                                               
assistance coverage  for rehabilitative, mandatory,  and optional                                                               
services furnished or paid for  by a school district on behalf of                                                               
certain children."                                                                                                              
                                                                                                                                
3:52:24 PM                                                                                                                    
HEIDI   HEDBERG,  Commissioner,   Department  of   Health  (DOH),                                                               
Anchorage,   Alaska,  introduced   SB  240   on  behalf   of  the                                                               
administration stating it aims  to improve access to school-based                                                               
services for  all Medicaid-eligible children.  She explained that                                                               
SB 240 supports  access by removing statutory  barriers. The bill                                                               
offers  convenient options  for  parents seeking  care for  their                                                               
children,  supports parent-directed  services  within the  school                                                               
setting,  promotes early  intervention, and  eliminates obstacles                                                               
that prevent  schools from  leveraging federal  Medicaid matching                                                               
funds. Additionally, it increases  the flexibility for schools to                                                               
seek Medicaid reimbursement for eligible children.                                                                              
                                                                                                                                
3:53:40 PM                                                                                                                    
EMILY  RICCI, Deputy  Commissioner, Department  of  Health (DOH),                                                               
Anchorage,  Alaska,  moved  to  slide  3  and  provided  a  brief                                                               
overview of  school-based services  in Alaska under  the Medicaid                                                               
program.  She  explained  that  these services,  delivered  in  a                                                               
school  setting as  specified  in Alaska's  Medicaid state  plan,                                                               
include speech-language  therapy, occupational  therapy, physical                                                               
therapy,  behavioral  health,  and nursing  services.  Currently,                                                               
state  law   mandates  that   for  a   service  to   be  Medicaid                                                               
reimbursable  for   a  Medicaid-eligible  student,   it  must  be                                                               
outlined in the student's  Individual Educational Plan (IEP), and                                                               
the student must have a disability.                                                                                             
                                                                                                                                
3:55:23 PM                                                                                                                    
MS.  RICCI noted  that SB  240 would  remove the  requirement for                                                               
these services  to be covered  under an IEP, thus  broadening the                                                               
scope   of  services   for  which   schools  can   seek  Medicaid                                                               
reimbursement.  She emphasized  the  challenges  schools face  in                                                               
navigating Medicaid  reimbursement due  to their primary  role as                                                               
educators rather  than healthcare  providers. She  mentioned that                                                               
SB  240 addresses  the  administrative barrier  of the  statutory                                                               
requirement  that  the  service  be  covered under  an  IEP,  but                                                               
acknowledged that  other challenges remain,  which the department                                                               
is prepared  to help school  districts overcome. She  stated that                                                               
currently,  only  six  out  of  54  school  districts  in  Alaska                                                               
leverage   Medicaid   reimbursement   for   services,   including                                                               
Anchorage,  Delta  Greeley,  Fairbanks,  Juneau,  Ketchikan,  and                                                               
Matsu. Kenai  participated until  the 2019-2020 school  year. She                                                               
noted  that speech,  occupational, and  physical therapy  make up                                                               
about 96 percent of the reimbursed services in schools.                                                                         
                                                                                                                                
3:57:10 PM                                                                                                                    
MS. RICCI  moved to slide 4  and began discussion  of the Healthy                                                               
Families  Initiative. She  expressed that  SB 240  would increase                                                               
access  to  care  for  students  in  a  convenient  location  for                                                               
parents,   aligning   with   the  governor's   Healthy   Families                                                               
initiative,  particularly  focusing  on  Healthy  Beginnings  and                                                               
healthcare access.                                                                                                              
                                                                                                                                
3:57:40 PM                                                                                                                    
LEAH  VAN  KIRK,  Deputy  Director,  Healthcare  Policy  Advisor,                                                               
Department of  Health, Juneau, Alaska,  moved to slides  5 -6 and                                                               
said SB  240 allows  schools to  seek Medicaid  reimbursement for                                                               
services provided  to all children covered  by Medicaid, enabling                                                               
access to services  in a familiar, daily  setting. She emphasized                                                               
that   removing   statutory   requirements   increases   schools'                                                               
flexibility to seek  reimbursement when a child  is eligible. The                                                               
federal  Medicaid match  of 65  percent is  crucial  for schools,                                                               
particularly  when they  already  provide  some services  without                                                               
seeking  reimbursement. Additionally,  SB 240  gives  schools the                                                               
option  to offer  services  to children  who previously  couldn't                                                               
access them,  allowing decisions on service  provision to include                                                               
more children who may not have qualified before.                                                                                
                                                                                                                                
3:59:08 PM                                                                                                                    
CHAIR WILSON  noted that  the federal  match of  65 percent  is a                                                               
little higher than  the usual 50 percent match  for most Medicaid                                                               
services. He asked who pays for the remaining 45 percent.                                                                       
                                                                                                                                
MS.  RICCI  clarified that  the  federal  match  rate could  vary                                                               
between 50  percent and  65 percent,  depending on  the student's                                                               
enrollment  status,  such as  whether  they  are  covered by  the                                                               
Children's Health  Insurance Program (CHIP)  or another Medicaid-                                                               
qualifying  status.   She  noted  that  the   current  system  is                                                               
cumbersome  for  both  school   districts  and  the  Division  of                                                               
Healthcare  Services. Currently,  school  districts pre-fund  the                                                               
state's match for services, which  the Division then uses to draw                                                               
down the federal match, passing  both the federal and state funds                                                               
back  to the  districts.  However, under  this system,  districts                                                               
must  provide  the state  match  upfront,  which complicates  the                                                               
process. She  mentioned that  the presentation would  later cover                                                               
new federal  options for  Medicaid reimbursement, such  as roster                                                               
billing  or a  per-student-per-month  mechanism,  which could  be                                                               
reconciled   quarterly,   as   potential   solutions   to   these                                                               
challenges. She  added that  many school  systems have  failed to                                                               
leverage  federal matching  funds due  to the  complexity  of the                                                               
process.                                                                                                                        
                                                                                                                                
4:01:25 PM                                                                                                                    
CHAIR WILSON  asked that  during the presentation  the Department                                                               
discuss billing and why SB 240 has a zero fiscal note.                                                                          
                                                                                                                                
4:01:40 PM                                                                                                                    
MS. RICCI  explained that SB 240  has a zero  fiscal note because                                                               
the services are already  available to Medicaid-enrolled children                                                               
in  community  settings. SB  240  is  removing an  administrative                                                               
barrier  that would  also  make services  available  in a  school                                                               
setting.  The anticipated  slow  increase in  the utilization  of                                                               
school-based  services  is partly  due  to  the  need to  resolve                                                               
administrative  challenges  in  creating a  reimbursement  system                                                               
that works for both Medicaid  and school districts. She mentioned                                                               
that  workgroups have  been established,  with the  first meeting                                                               
scheduled  for  next  week,  to  begin  discussions  with  school                                                               
districts. Additionally,  the Department is applying  for a grant                                                               
to cover implementation costs  and necessary contractual support.                                                               
She emphasized  that SB  240 results in  a cost shift  from acute                                                               
settings to  more early intervention and  prevention.  Addressing                                                               
students' needs before they become  acute results in a cost shift                                                               
rather than new costs to the system.                                                                                            
                                                                                                                                
4:03:15 PM                                                                                                                    
SENATOR  DUNBAR   agreed  with   Ms.  Ricci's   final  statement,                                                               
expressing hope that if the  bill passes, an economics student or                                                               
researcher will conduct a dissertation  over the next 10 years to                                                               
track  potential cost  reductions  in other  areas  due to  early                                                               
intervention.  He noted  that Alaska  is not  the first  state to                                                               
implement   this   type   of   school-based,   non-Individualized                                                               
Education  Program  (IEP) dependent  services,  and  it would  be                                                               
interesting to  observe if there  are downstream cost  savings as                                                               
Alaska joins other states in providing these services.                                                                          
                                                                                                                                
4:04:01 PM                                                                                                                    
MS. VAN  KIRK moved  to slide  7 and emphasized  that the  SB 240                                                               
supports parents by providing  another setting for their children                                                               
to  receive  services,  reducing  the  transportation  challenges                                                               
parents face,  such as leaving  work to transport  their child to                                                               
and  from appointments.  She highlighted  the importance  of this                                                               
support,  especially  as  children's  re-engagement  with  health                                                               
services has declined nationally  since the pandemic. The Centers                                                               
for Medicare and  Medicaid Services (CMS) is  working to increase                                                               
flexibility  for delivering  school-based  services and  simplify                                                               
the  administrative  process  for   schools  to  submit  Medicaid                                                               
claims. She also  pointed out that children  are more comfortable                                                               
receiving services  in the familiar school  environment, which is                                                               
beneficial for trauma-informed care.  She clarified that the bill                                                               
does not add  any new services but gives  schools the option, not                                                               
a mandate, to submit claims for reimbursement through Medicaid.                                                                 
                                                                                                                                
4:05:51 PM                                                                                                                    
CHAIR WILSON  asked if SB  240 requires school districts  to hire                                                               
mental health  professionals directly  or can  districts contract                                                               
providers.                                                                                                                      
                                                                                                                                
4:06:03 PM                                                                                                                    
MS. VAN KIRK responded that  services could be provided either by                                                               
a school district employee or through a contracted provider.                                                                    
                                                                                                                                
4:06:17 PM                                                                                                                    
MS. RICCI  moved to  slide 8 and  reiterated the benefits  SB 240                                                               
would provide Alaskans:                                                                                                         
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Families and Children                                                                                                    
        • Provides more convenient choices for parents                                                                          
        seeking care for their children                                                                                         
        • Increases access to services for children                                                                             
        • Promotes early intervention and prevention                                                                            
                                                                                                                                
     System Efficiencies                                                                                                      
        • Reduces administrative burden                                                                                         
        • Maximizes federal Medicaid match                                                                                      
                                                                                                                                
MS.  RICCI  added that  early  intervention  and prevention  were                                                               
consistently  emphasized  during  the  Department's work  on  the                                                               
behavioral  health roadmap.  She noted  that there  was  a strong                                                               
desire  for  increased  school-based  services  in  nearly  every                                                               
region  visited,  making  this  bill  responsive  to  stakeholder                                                               
feedback.   She   reminded   the   committee   that   there   are                                                               
administrative burdens  that involve process issues  that need to                                                               
be worked  through, such  as figuring  out how  to apply  the new                                                               
Medicaid  flexibilities  to the  current  system  in  a way  that                                                               
provides  flexibility  to school  districts  in  Alaska. It  also                                                               
provides opportunities to maximize federal matching funds.                                                                      
                                                                                                                                
4:07:29 PM                                                                                                                    
MS. VAN  KIRK moved to slide  9 and noted  that new flexibilities                                                               
were  released  in  May   2023  to  encourage  schools  to  claim                                                               
reimbursement for  school-based services.  She mentioned  that 25                                                               
states   have  updated   regulations   and   statutes  to   allow                                                               
reimbursement   for  services   beyond  those   included   in  an                                                               
Individualized  Education  Program   (IEP).  She  emphasized  the                                                               
state's efforts to connect  with stakeholders, including schools,                                                               
behavioral health  organizations, current service  providers, and                                                               
the Department  of Education,  to identify effective  systems and                                                               
reduce    the    administrative   burden    currently    limiting                                                               
participation.   With  only   six   school  districts   currently                                                               
submitting  Medicaid   reimbursement  claims,  the   goal  is  to                                                               
increase  that   number,  which   will  take  work   and  require                                                               
stakeholder engagement.                                                                                                         
                                                                                                                                
4:08:57 PM                                                                                                                    
MS.  VAN   KIRK  announced   the  initiation  of   a  stakeholder                                                               
engagement process, with the  first meeting scheduled for Friday,                                                               
involving various organizations,  divisions, and departments. The                                                               
state is also applying for a  grant from the Centers for Medicare                                                               
and  Medicaid Services  (CMS)  to support  the implementation  of                                                               
school-based   services,  with   a   focus   on  ensuring   rural                                                               
communities  can  participate.  She  highlighted  concerns  about                                                               
small rural  school districts  navigating Medicaid  and mentioned                                                               
that the state  is exploring models from other  states to address                                                               
these challenges. She reiterated  that school-based services were                                                               
identified  as essential  in every  region during  the behavioral                                                               
health  roadmap process  and stressed  that Medicaid-reimbursable                                                               
services  are  a  critical  component, though  not  the  complete                                                               
solution, in meeting the needs of youth across the state.                                                                       
                                                                                                                                
4:10:41 PM                                                                                                                    
CHAIR WILSON  asked what the  cost to the  state is if  the grant                                                               
for starting up the program is not awarded.                                                                                     
                                                                                                                                
MS. VAN KIRK explained that  the grant provides an opportunity to                                                               
explore  improvements, such  as data  systems that  would enhance                                                               
schools' ability to  submit claims to Medicaid.  She described it                                                               
as a  chance to envision and  build a more  effective system than                                                               
the  current  one.  She  noted that  stakeholder  engagement  and                                                               
support for  this bill  were already  planned before  the grant's                                                               
release, and consultation  support has been engaged  to guide the                                                               
process.                                                                                                                        
                                                                                                                                
4:11:43 PM                                                                                                                    
MS. RICCI stated  that the grant would  enhance conversations and                                                               
bring  sophistication to  healthcare  systems  as the  department                                                               
enters the planning phase. However,  she assured that even if the                                                               
grant is not  awarded, department staff will  continue to support                                                               
stakeholder engagement, planning,  and implementation for school-                                                               
based services.                                                                                                                 
                                                                                                                                
4:12:31 PM                                                                                                                    
CHAIR WILSON inquired about the dollar amount of the grant.                                                                     
                                                                                                                                
MS. VAN KIRK replied the grant is $2.5 million over three years.                                                                
                                                                                                                                
4:12:47 PM                                                                                                                    
CHAIR  WILSON   raised  concerns   about  the   challenges  small                                                               
healthcare providers,  such as independent  Licensed Professional                                                               
Counselors (LPCs),  face when billing Medicaid,  particularly due                                                               
to frequent audits. He  acknowledged that technical assistance is                                                               
often provided  but questioned  whether the state  is considering                                                               
setting  up its  own billing  and claims  management  service for                                                               
school districts. He  noted that managing billing  and denials is                                                               
a significant resource burden,  especially for small clinics, and                                                               
suggested  that a  state-supported service  could  alleviate this                                                               
burden. He emphasized that  while larger districts or third-party                                                               
providers  might manage  these tasks  efficiently,  smaller rural                                                               
districts  might  struggle,   highlighting  concerns  from  these                                                               
districts and the need for stakeholder engagement.                                                                              
                                                                                                                                
MS.  VAN KIRK  stated that  stakeholder engagement  would address                                                               
the concerns  raised, including topics like  billing and Medicaid                                                               
services. She  confirmed that  school districts  participating in                                                               
Medicaid  billing would  help guide  the work  and  contribute to                                                               
related discussions.                                                                                                            
                                                                                                                                
4:14:12 PM                                                                                                                    
MS.  RICCI  discussed  the  new  flexibilities  released  by  the                                                               
Centers for  Medicare and Medicaid  Services (CMS) in  May of the                                                               
previous  year,  which other  states  are  expanding upon.  These                                                               
flexibilities address  the challenges school  districts face with                                                               
traditional Medicaid billing, such  as managing billing, denials,                                                               
and   authorizations.   She   mentioned   that  some   of   these                                                               
flexibilities  include waiving  the requirement  for  Medicaid to                                                               
pursue third-party liability  for school-based services, allowing                                                               
for a  larger error  rate, extending time  for time  studies, and                                                               
exploring alternatives to direct billing, such as a per-pupil-                                                                  
per-month   mechanism   or   roster-based   services   reconciled                                                               
quarterly.                                                                                                                      
                                                                                                                                
MS. RICCI emphasized  that the department would  work with school                                                               
districts  to  apply  these theoretical  flexibilities  to  their                                                               
practical  needs.  She  acknowledged   the  challenges,  such  as                                                               
managing documentation and tracking  in a roster-based system and                                                               
expressed  optimism   that  these  CMS  flexibilities   could  be                                                               
translated into a system  that is not administratively cumbersome                                                               
for school districts.                                                                                                           
                                                                                                                                
4:16:04 PM                                                                                                                    
MS. RICCI moved to slide 11  and said SB 240 is relatively simple                                                               
and the sectional analysis has one section:                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                        Sectional Analysis                                                                                      
                                                                                                                                
     Section 1                                                                                                                
     This  section  removes  the requirement  that  Medicaid                                                                    
     services provided  in a  school setting are  limited to                                                                    
     those  covered  under   an  Individual  Education  Plan                                                                    
     (IEP).                                                                                                                     
                                                                                                                                
4:16:51 PM                                                                                                                    
CHAIR WILSON expressed  a potential concern regarding  SB 240. He                                                               
noted  that   the  bill   allows  school  districts   to  provide                                                               
behavioral  modification  services  within  the  school  setting,                                                               
which  might   enable  schools   to  bypass   the  Individualized                                                               
Education Plan  (IEP) process.  He pointed  out that  students on                                                               
IEPs  have a  different  funding mechanism,  with a  differential                                                               
rate of  13 to  1. He questioned  whether school  districts might                                                               
opt  to avoid  the IEP  process  to access  services  through the                                                               
program, which could result in less funding for those schools.                                                                  
                                                                                                                                
4:17:57 PM                                                                                                                    
MS.  VAN  KIRK  recommended  the  question  be  deferred  to  the                                                               
Department of  Education and Early Development  (DEED). She noted                                                               
that  stakeholders  have  mentioned  that children  referred  for                                                               
services, such as speech therapy,  often do not meet the required                                                               
level of acuity  for those services to be  provided in the school                                                               
setting.  She  explained that  SB  240  would  allow and  improve                                                               
access to  services for children  who currently do  not meet that                                                               
level of need.                                                                                                                  
                                                                                                                                
4:18:38 PM                                                                                                                    
DEBORAH RIDDLE,  Operations Manager,  Division of  Innovation and                                                               
Education   Excellence,  Department   of   Education  and   Early                                                               
Development  (DEED), Juneau,  Alaska,  explained  that there  are                                                               
different  levels of  funding  for  special education.  Intensive                                                               
special  education funding  is  allocated for  students with  the                                                               
most  significant disabilities  at a  rate of  13 times  the base                                                               
student  allocation, but  most  students do  not  fall into  this                                                               
intensive category.  She indicated that allowing  students who do                                                               
not  qualify for  an IEP  to  receive needed  services  would not                                                               
constitute bypassing the IEP process.                                                                                           
                                                                                                                                
CHAIR WILSON asked  if there is a difference  in the funding rate                                                               
for students  who are  not classified at  the intensive  level of                                                               
special needs compared to those who are.                                                                                        
                                                                                                                                
4:19:35 PM                                                                                                                    
MS.  RIDDLE  replied no,  they're  counted  as special  education                                                               
students. That is  one of the multipliers. However,  the 13 times                                                               
the base student allocation applies  only to students who are two                                                               
standard  deviations  away  from  the  norm  for  their  specific                                                               
disability.                                                                                                                     
                                                                                                                                
CHAIR WILSON asked  if there is a multiplier  for a special needs                                                               
child who qualifies for an IEP.                                                                                                 
                                                                                                                                
MS. RIDDLE replied that is true.                                                                                                
                                                                                                                                
4:20:07 PM                                                                                                                    
CHAIR WILSON asked whether  the availability of an easier process                                                               
for  obtaining  services might  result  in  fewer children  being                                                               
placed on IEPs,  given whatever the rate multiplier  is for those                                                               
children.                                                                                                                       
                                                                                                                                
MS.  RIDDLE  explained  that the  Individuals  with  Disabilities                                                               
Education Act (IDEA) has  specific rules for identifying children                                                               
and the services  provided through an IEP. She  offered to follow                                                               
up  with more  detailed information  but suggested  that services                                                               
like  speech therapy  would  still be  provided  through an  IEP.                                                               
However, if additional  services are needed, such  as in the case                                                               
of her autistic grandson  who receives both in-school and outside                                                               
services,  it  would  be  beneficial  if all  services  could  be                                                               
provided within the  school setting. She used this  as a scenario                                                               
to illustrate the potential benefits.                                                                                           
                                                                                                                                
4:21:05 PM                                                                                                                    
CHAIR  WILSON  clarified that  his  question  focused on  simpler                                                               
behavioral  health modifications  for  which  some children  have                                                               
IEPs. He  noted that the IEP  process is not  easy to administer,                                                               
especially in  schools with  limited resources. Drawing  from his                                                               
experience  as a  substitute teacher,  he observed  that teachers                                                               
often  spend  significant time  on  IEP  conferences and  related                                                               
tasks,  sometimes wishing  they could  instead focus  on teaching                                                               
while  other professionals  provide  the  necessary services.  He                                                               
asked  how  SB  240  might address  the  administration  of  such                                                               
services to ease the burden on teachers.                                                                                        
                                                                                                                                
4:21:44 PM                                                                                                                    
SENATOR  DUNBAR said  he found  the IEP  question  intriguing and                                                               
shared his  limited experience  with a different  school district                                                               
where too many IEPs were  issued, sometimes inappropriately, as a                                                               
pressure release valve  for the district. He  clarified that this                                                               
experience was outside  of Alaska and hoped  such practices would                                                               
not occur in Alaska.                                                                                                            
                                                                                                                                
4:22:14 PM                                                                                                                    
SENATOR DUNBAR commented  on the drafting of SB  240, noting that                                                               
issues  can arise  with non-exhaustive  lists in  legislation. He                                                               
suggested  that in  Section  1,  line 6,  rather  than using  the                                                               
phrase  "including  a  child  with  a disability,"  it  might  be                                                               
clearer to simply  delete "with a disability."  This change would                                                               
avoid implying that only  children with disabilities are eligible                                                               
for  the  services,  aligning  with  the bill's  intent  to  make                                                               
services  available  to any  eligible  child.  He clarified  that                                                               
while this  was just a  drafting note and not  significant enough                                                               
to propose  an amendment,  he wanted it  on record to  ensure the                                                               
correct interpretationthat   any eligible child,  with or without                                                               
a  disability, can  access these  services.  He asked  if  he was                                                               
misinterpreting the intent of that line.                                                                                        
                                                                                                                                
4:23:23 PM                                                                                                                    
MS. VAN KIRK replied that  Senator Dunbar was not misinterpreting                                                               
line 6.                                                                                                                         
                                                                                                                                
SENATOR  DUNBAR  sought  confirmation  that deleting  the  phrase                                                               
would have had the same effect.                                                                                                 
                                                                                                                                
4:23:34 PM                                                                                                                    
MS.  VAN KIRK  explained that  the phrasing  in the  drafting was                                                               
intentional  to  avoid any  unintended  impact  on children  with                                                               
disabilities.  The goal  was to  clearly reference  both children                                                               
with and  without disabilities, ensuring  that the bill  does not                                                               
negatively  affect any  existing  guidelines  or protections  for                                                               
children with disabilities.                                                                                                     
                                                                                                                                
SENATOR  DUNBAR asked  for  clarification,  emphasizing that  the                                                               
dispositive  point  is whether  the  child  is  eligible for  the                                                               
services,  regardless  of  whether  they have  a  disability.  He                                                               
sought  confirmation  that eligibility,  not  the  presence of  a                                                               
disability, is the key consideration.                                                                                           
                                                                                                                                
MS. VAN KIRK replied that is correct.                                                                                           
                                                                                                                                
4:24:24 PM                                                                                                                    
CHAIR WILSON opened public testimony on SB 240.                                                                                 
                                                                                                                                
4:24:49 PM                                                                                                                    
TREVOR  STORRS, President,  Alaska  Children's Trust,  Anchorage,                                                               
Alaska,  testified  in support  of  SB  240,  which would  expand                                                               
school-based services  to all  Medicaid-eligible children.  As an                                                               
organization focused  on preventing  child abuse and  neglect, he                                                               
emphasized that  SB 240 would  promote the health  and well-being                                                               
of Alaska's children by providing  families with better access to                                                               
healthcare resources, reducing the  risk of abuse and neglect. SB
240 aligns state  law with federal guidance,  allowing schools to                                                               
be  reimbursed for  services  provided  to all  Medicaid-eligible                                                               
students, not  just those  with an  IEP. This  expansion supports                                                               
parent  directed  services  within   the  school  setting,  early                                                               
intervention, prevention, and  increased healthcare access, which                                                               
are vital for Alaska's children and families.                                                                                   
                                                                                                                                
4:27:08 PM                                                                                                                    
CHAIR WILSON closed public testimony on SB 240.                                                                                 
                                                                                                                                
4:27:31 PM                                                                                                                    
MS. RICCI thanked the committee for hearing SB 240.                                                                             
                                                                                                                                
4:27:59 PM                                                                                                                    
CHAIR WILSON [held SB 240 in committee.]                                                                                        
                                                                                                                                
4:28:34 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Wilson adjourned  the  Senate Health  and Social  Services                                                               
Standing Committee meeting at 4:28 p.m.                                                                                         

Document Name Date/Time Subjects
FY25 LBA SHSS Presentation 2.27.24.pdf SHSS 2/27/2024 3:30:00 PM
SHSS 2.27.24 - LBA Audit Findings DOH Response
SB 240 Version A.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB 240 Sponsor Statement Version A.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB240 Sectional Analysis.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB 240 Fiscal Note 1.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB 240 Fiscal Note 2.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB 240 Fiscal Note 3.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB240 Summary Version A.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB 240 Final SHSS 2_27_24.pptx - Read-Only.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB240 AMHT LOS 2.26.24.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB 240 HB343 Letter of Support - ACT.pdf SHSS 2/27/2024 3:30:00 PM
HB 343
SB 240
SB 240 VOA Alaska - Letter of Support.pdf SHSS 2/27/2024 3:30:00 PM
SB 240
SB240 HB343_ASD Support Letter.pdf SHSS 2/27/2024 3:30:00 PM
HB 343
SB 240
Leg Audit Recommendations SHSS 1.19.24.pdf SHSS 2/27/2024 3:30:00 PM
SHSS Feb. 27, 2024 - LB&A Audit Findings for Dept of Health