00 CS FOR SENATE BILL NO. 157(HES) 01 "An Act relating to inpatient psychiatric services for persons who are under 21 years of 02 age and are either eligible for medical assistance or are in the custody of the Department 03 of Health and Social Services." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 47.07 is amended by adding a new section to read: 06 Sec. 47.07.032. Inpatient psychiatric services for persons under 21 years  07 of age. (a) Notwithstanding AS 47.07.030, the department may not grant assistance 08 under this chapter for inpatient psychiatric services to a person under 21 years of age 09 who is in an out-of-state psychiatric hospital facility or an out-of-state residential 10 psychiatric treatment center unless the department determines that 11 (1) the assistance is for psychiatric hospital services that are consistent 12 with the person's clinical diagnosis and appropriately address the person's needs and 13 that these services are unavailable in the state; or 14 (2) the assistance is for residential psychiatric treatment center services 01 that are consistent with the person's clinical diagnosis and appropriately address the 02 person's needs and that these services are unavailable in the state. 03 (b) The department shall, on a monthly basis, evaluate what types of services 04 are available in the state for inpatient psychiatric care for persons under 21 years of 05 age. If inpatient psychiatric services that are consistent with the person's clinical 06 diagnosis and that appropriately address the person's needs become available at a 07 location in the state for a person under 21 years of age who is receiving the services 08 under this chapter at a location outside the state, the department shall, as a condition of 09 continued eligibility for coverage of the services under this chapter, require the person 10 to be transferred to the in-state facility unless the department determines that the 11 transfer would be detrimental to the person's health, established therapeutic 12 relationship, or clinical need. 13 (c) When determining whether to authorize admission of a person under 21 14 years of age to a psychiatric hospital facility or residential psychiatric treatment center, 15 either located within the state or outside the state, the department shall include in its 16 consideration the recommendations of a person selected by the Alaska Mental Health 17 Board established by AS 47.30.661 who is selected for this duty by the board on the 18 basis of being knowledgeable about the availability of beds in the state for inpatient 19 psychiatric services for persons under 21 years of age. The board may not select an 20 employee of the department for this duty. 21  * Sec. 2. AS 47.14.100(a) is amended to read: 22 (a) Subject to (e), (f), and (i) - (l) [(e), (f), (i), AND (j)] of this section, the 23 department shall arrange for the care of every child committed to its custody by 24 placing the child in a foster home or in the care of an agency or institution providing 25 care for children inside or outside the state. The department may place a child in a 26 suitable family home, with or without compensation, and may place a child released to 27 it, in writing verified by the parent, or guardian or other person having legal custody, 28 for adoptive purposes, in a home for adoption in accordance with existing law. 29  * Sec. 3. AS 47.14.100 is amended by adding new subsections to read: 30 (k) Notwithstanding other provisions of this section, the department may not 31 pay for inpatient psychiatric services provided to a person under 21 years of age and 01 who is in the custody of the department if the services are provided in an out-of-state 02 psychiatric hospital facility or an out-of-state residential psychiatric treatment center 03 unless the department determines that 04 (1) the assistance is for psychiatric hospital services that are consistent 05 with the person's clinical diagnosis and appropriately address the person's needs and 06 that these services are unavailable in the state; or 07 (2) the assistance is for residential psychiatric treatment center services 08 that are consistent with the person's clinical diagnosis and appropriately address the 09 person's needs and that these services are unavailable in the state. 10 (l) The department shall, on a monthly basis, evaluate what types of services 11 are available in the state for inpatient psychiatric care for persons under 21 years of 12 age. If inpatient psychiatric services that are consistent with the person's clinical 13 diagnosis and that appropriately address the person's needs become available at a 14 location in the state for a person under 21 years of age who is receiving the services 15 under this section at a location outside the state, the department shall, as a condition of 16 continued payment by the state for the services, require the person to be transferred to 17 the in-state facility unless the department determines that the transfer would be 18 detrimental to the person's health, established therapeutic relationship, or clinical need. 19 (m) When determining whether to authorize admission of a person under 21 20 years of age to a psychiatric hospital facility or residential psychiatric treatment center, 21 either located within the state or outside the state, the department shall include in its 22 consideration the recommendations of a person selected by the Alaska Mental Health 23 Board established by AS 47.30.661 who is selected for this duty by the board on the 24 basis of being knowledgeable about the availability of beds in the state for inpatient 25 psychiatric services for persons under 21 years of age. The board may not select an 26 employee of the department for this duty.