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SB 253: "An Act relating to medical assistance for certain disabled persons; relating to personal care services for recipients of medical assistance; and providing for an effective date."

00SENATE BILL NO. 253 01 "An Act relating to medical assistance for certain disabled persons; relating to 02 personal care services for recipients of medical assistance; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.07.020(b) is amended by adding a new paragraph to read: 06  (12) disabled persons as described in 42 07 U.S.C. 1396a(a)(10)(A)(ii)(XIII) (Title XIX, Social Security Act, Medical Assistance). 08 * Sec. 2. AS 47.07.035 is amended to read: 09  Sec. 47.07.035. Priority of medical assistance. If the department finds that 10 the cost of medical assistance for all persons eligible under this chapter will exceed 11 the amount allocated in the state budget for that assistance for the fiscal year, the 12 department shall eliminate coverage for optional medical services and optionally 13 eligible groups of individuals in the following order: 14  (1) midwife services;

01  (2) clinical social workers' services; 02  (3) psychologists' services; 03  (4) chiropractic services; 04  (5) advanced nurse practitioner services; 05  (6) adult dental services; 06  (7) emergency hospital services; 07  (8) treatment of speech, hearing, and language disorders; 08  (9) optometrists' services and eyeglasses; 09  (10) occupational therapy; 10  (11) mammography screening; 11  (12) prosthetic devices; 12  (13) medical supplies and equipment; 13  (14) targeted case management services; 14  (15) rehabilitative services for substance abusers and emotionally 15 disturbed or chronically mentally ill adults; 16  (16) clinic services; 17  (17) physical therapy; 18  (18) personal care services in a recipient's home; 19  (19) prescribed drugs; 20  (20) hospice care; 21  (21) long-term care noninstitutional services; 22  (22) inpatient psychiatric facility services; 23  (23) intermediate care facility services for the mentally retarded; 24  (24) intermediate care facility services; 25  (25) individuals described in AS 47.07.020(b)(11); 26  (26) individuals under age 21 who are not eligible for benefits under 27 the federal program designated as the successor to the aid to families with dependent 28 children program because they are not deprived of one or more of their natural or 29 adoptive parents; 30  (27) skilled nursing facility services for persons under age 21; 31  (28) disabled individuals as described in 42 U.S.C.

01 1396a(a)(10)(A)(ii)(XIII) (Title XIX, Social Security Act, Medical Assistance); 02  (29) aged, blind, and disabled individuals who, because they do not 03 meet the income requirements, do not receive supplemental security income under Title 04 XVI of the Social Security Act, but who are eligible, or would be eligible if they were 05 not in a skilled nursing facility or intermediate care facility, to receive an optional state 06 supplementary payment; 07  (30) [(29)] individuals in a hospital, skilled nursing facility, or 08 intermediate care facility whose income while in the facility does not exceed 300 09 percent of the supplemental security income benefit rate under Title XVI of the Social 10 Security Act, but who, because of income, are not eligible for the optional state 11 supplementary payment; 12  (31) [(30)] individuals under age 21 under supervision of the department 13 for whom maintenance is being paid in whole or in part from public money and who 14 are in foster homes or private child-care institutions; 15  (32) [(31)] individuals under age 21 who the department has determined 16 cannot be placed for adoption without medical assistance because of a special need for 17 medical or rehabilitative care and who the department has determined are hard-to-place 18 children eligible for subsidy under AS 25.23.190 - 25.23.220. 19 * Sec. 3. AS 47.07.900(15) is amended to read: 20  (15) "personal care services in a recipient's home" means services 21 authorized under a service plan in accordance with applicable federal and state 22 law [PRESCRIBED BY A PHYSICIAN IN ACCORDANCE WITH THE 23 RECIPIENT'S PLAN OF TREATMENT AND PROVIDED BY AN INDIVIDUAL 24 WHO IS 25  (A) QUALIFIED TO PROVIDE THE SERVICES; 26  (B) SUPERVISED BY A REGISTERED NURSE; AND 27  (C) NOT A MEMBER OF THE RECIPIENT'S FAMILY]; 28 * Sec. 4. This Act takes effect January 1, 1999.