CSSB 364(HES)(efd fld): "An Act relating to liability for expenses of placement in certain mental health facilities; and relating to the mental health treatment assistance program."
00 CS FOR SENATE BILL NO. 364(HES)(efd fld) 01 "An Act relating to liability for expenses of placement in certain mental health facilities; 02 and relating to the mental health treatment assistance program." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.30.910(a) is amended to read: 05 (a) A patient, the patient's spouse, or the patient's parent if the patient is under 06 18 years of age shall pay the charges for the care, transportation, and treatment of the 07 patient when the patient is hospitalized under AS 47.30.670 - 47.30.915 at a state- 08 operated facility, an evaluation facility, or a designated treatment facility providing 09 services under AS 47.30.670 - 47.30.915. The patient, the patient's spouse, or the 10 patient's parent if the patient is under 18 years of age shall make arrangements with a 11 state-operated facility, an evaluation facility, or a designated treatment facility for 12 payment of charges, including providing income information necessary to determine 13 eligibility for benefits under AS 47.31. Charges assessed for services provided under 14 AS 47.30.670 - 47.30.915 when a patient is hospitalized at a state-operated facility
01 may not exceed the actual cost of care and treatment. The department may, when 02 assessing charges for services provided at a state-operated facility, consider the ability 03 to pay of a patient, a patient's spouse, or a patient's parent if the patient is under 18 04 years of age. In order to impose liability for a patient's cost of care at a state-operated 05 facility, the department shall issue an order for payment within six months after the 06 date on which the charge was incurred. The order remains in effect unless modified 07 by subsequent court order or department order. The department may not impose 08 liability for a patient's cost of care at a state-operated facility if the patient would be 09 eligible for financial assistance under [OTHERWISE MEET THE ELIGIBILITY 10 CRITERIA, OTHER THAN LOCATION OF SERVICE, IN] AS 47.31.010 if the 11 care were provided by an evaluation facility or a designated treatment facility. 12 * Sec. 2. AS 47.31 is amended by adding a new section to read: 13 Sec. 47.31.007. Limitation on financial assistance and appeals due to lack 14 of appropriations; notification. (a) Notwithstanding any contrary provision of this 15 chapter, financial assistance under this chapter is subject to appropriation by the 16 legislature. Nothing in this chapter creates an entitlement to financial assistance under 17 this chapter. Notwithstanding any contrary provision of this chapter, a denial of 18 financial assistance under this chapter due to lack of appropriations is not appealable 19 under AS 47.31.035. 20 (b) If the department projects, based on registrations, that the need for 21 financial assistance under this chapter will exceed the amount of appropriations made 22 for financial assistance under this chapter, the department shall post notification of the 23 projection on the department's Internet website and provide electronic notice to 24 evaluation facilities and designated treatment facilities that have previously served 25 patients who received assistance under this chapter. 26 * Sec. 3. AS 47.31.010 is amended to read: 27 Sec. 47.31.010. Eligibility for assistance. (a) The department shall provide 28 financial assistance under this chapter to a patient who 29 (1) does not have the available means to pay or substantially contribute 30 to the payment of charges assessed by a facility; 31 (2) has no insurance or other third-party resources, including
01 Medicaid or Medicare, [THIRD PARTY] to pay for the evaluation or treatment 02 provided under AS 47.30; [AND] 03 (3) has been registered under AS 47.37.012; and 04 (4) meets the criteria in this chapter. 05 (b) To be eligible for assistance under this chapter, a patient must have 06 (1) been admitted for inpatient evaluation or treatment at an evaluation 07 facility or a designated treatment facility other than a state-operated hospital after 08 either 09 (A) an involuntary commitment under AS 47.30.700 - 10 47.30.915; or 11 (B) a voluntary admission chosen by the patient after a 12 determination by the patient's treating physician that the patient meets the 13 involuntary commitment criteria in AS 47.30.700 - 47.30.915 and that 14 involuntary commitment proceedings would be initiated if the patient did not 15 choose to be admitted voluntarily; [AND] 16 (2) a gross monthly household income that does not exceed 185 17 percent of the federal poverty guideline for this state for the calendar month in which 18 service was provided; 19 (3) no insurance or other third-party resources, including 20 Medicaid or Medicare, to pay for the cost of evaluation or treatment; 21 (4) been timely registered under AS 47.31.012; and 22 (5) not become eligible for discharge under AS 47.30.780 during 23 the period for which financial assistance is requested. 24 * Sec. 4. AS 47.31 is amended by adding a new section to read: 25 Sec. 47.31.012. Registration of eligibility for assistance. (a) 26 Notwithstanding any contrary provision of this chapter, the department may not 27 provide financial assistance under this chapter unless the patient has been registered 28 under this chapter. The registration must be received by the department within 24 29 hours after the patient's admission to the facility. The registration may be made by 30 telephone call, electronic message, or other means approved by the department. In 31 order to register, information specified by the department by regulation must be
01 supplied to demonstrate the patient's eligibility for assistance. 02 (b) Registration under (a) of this section must be made for each admission. 03 (c) Following registration for each admission, a complete application for 04 assistance must be submitted in accordance with AS 47.31.015 and evaluated by the 05 department for eligibility under this chapter. 06 * Sec. 5. AS 47.31.015(a) is amended to read: 07 (a) To receive assistance under this chapter, a patient or a patient's legal 08 representative must apply in writing on a form provided by the department. A patient 09 must apply for assistance within 90 [180] days after the date of admission to 10 [DISCHARGE FROM] the facility. 11 * Sec. 6. AS 47.31.015(b) is amended to read: 12 (b) A patient is considered to have applied for assistance under (a) of this 13 section if the evaluation facility or designated treatment facility notifies the 14 department on a form provided by the department that there is good cause to believe 15 that the patient would be eligible for assistance under this chapter and 16 (1) the patient, the patient's spouse, or the patient's parent if the patient 17 is under 18 years of age failed, within 60 [150] days after the date of admission to 18 [DISCHARGE FROM] the facility, to make arrangements to pay the evaluation 19 facility or designated treatment facility; or 20 (2) the patient lacks the mental capacity to apply for benefits under this 21 chapter. 22 * Sec. 7. AS 47.31.035(a) is amended read: 23 (a) Except as provided in (d) of this section, a [A] patient or the patient's 24 legal representative may appeal a denial of assistance by sending written notice of 25 objection to the department within 30 days after the date of the notice of denial. The 26 written notice of objection must include an explanation of the reasons for the objection 27 and may include documentation supporting the objection. AS 44.62 (Administrative 28 Procedure Act) does not apply to the appeal. 29 * Sec. 8. AS 47.31.035 is amended by adding a new subsection to read: 30 (d) A denial or reduction of assistance under this chapter due to insufficient 31 appropriations for financial assistance under this chapter may not be appealed under
01 this section. 02 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. The provisions of this Act do not apply to applications for 05 assistance under AS 47.31 for admissions occurring on or before the effective date of secs. 1 - 06 8 of this Act. 07 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION: REGULATIONS. The Department of Health and Social Services 10 may proceed to adopt regulations necessary to implement the changes made by this Act. The 11 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 12 effective date of the respective statutory change.