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CSHB 83(FIN): "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 83(FIN) 01 "An Act making appropriations for the operating and capital expenses of the state's 02 integrated comprehensive mental health program; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 (SECTION 1 OF THIS ACT BEGINS ON PAGE 2)

01 * Section 1. The following appropriation items are for operating expenditures from the 02 general fund or other funds as set out in section 2 of this Act to the agencies named for the 03 purposes expressed for the fiscal year beginning July 1, 2009 and ending June 30, 2010, 04 unless otherwise indicated. A department-wide, agency-wide, or branch-wide unallocated 05 reduction set out in this section may be allocated among the appropriations made in this 06 section to that department, agency, or branch. 07 Appropriation General Other 08 Allocations Items Funds Funds 09 * * * * * * * * * * 10 * * * * * Department of Administration * * * * * 11 * * * * * * * * * * 12 Legal and Advocacy Services 2,024,500 1,873,200 151,300 13 Office of Public Advocacy 1,723,100 14 Public Defender Agency 301,400 15 * * * * * * * * * * 16 * * * * * Department of Corrections * * * * * 17 * * * * * * * * * * 18 Inmate Health Care 7,169,900 6,795,900 374,000 19 Inmate Health Care 7,169,900 20 * * * * * * * * * * 21 * * * * * Department of Education and Early Development * * * * * 22 * * * * * * * * * * 23 Teaching and Learning Support 539,800 339,800 200,000 24 Student and School 539,800 25 Achievement 26 * * * * * * * * * * 27 * * * * * Department of Health and Social Services * * * * * 28 * * * * * * * * * * 29 No money appropriated in this appropriation may be expended for an abortion that is not a 30 mandatory service required under AS 47.07.030(a). The money appropriated for Health and 31 Social Services may be expended only for mandatory services required under Title XIX of the

01 Social Security Act and for optional services offered by the state under the state plan for 02 medical assistance that has been approved by the United States Department of Health and 03 Human Services. 04 It is the intent of the legislature that the Department continues to aggressively pursue 05 Medicaid cost containment initiatives. Efforts should continue where the Department 06 believes additional cost containment is possible including further efforts to contain travel 07 expenses. The Department must continue efforts imposing regulations controlling and 08 materially reducing the cost of Personal Care Attendant (PCA) services. Efforts must be 09 continued utilizing existing resources to impose regulations screening applicants for 10 Residential Psychiatric Treatment Center (RPTC) services, especially for out-of-state 11 services. The department must address the entire matrix of optional Medicaid services, 12 reimbursement rates and eligibility requirements that are the basis of the Medicaid growth 13 algorithm. This work is to utilize the results of the Medicaid Assessment and Planning 14 analysis. The legislature requests that by January 2010 the Department be prepared to present 15 projections of future Medicaid funding requirements under our existing statute and regulations 16 and be prepared to present and evaluate the consequences of viable policy alternatives that 17 could be implemented to lower growth rates and reducing projections of future costs. 18 It is the intent of the legislature that the Department of Health and Social Services eliminate 19 the requirement for narrative and financial quarterly reports for all grant recipients whose 20 grants are $50,000 or less. This is an unnecessary burden and is not a requirement of the 21 federal grants. 22 It is the intent of the legislature that the Department of Health and Social Services make a 23 single 'upfront' payment for any grant award that is $50,000 or less and includes a signature of 24 the grantee certifying compliance with the terms of the grant with their approved application. 25 Signature of the grantee would also certify that if a final report certifying completion of the 26 grant requirements is not filed, future grants will not be considered for that grantee until all 27 requirements of prior grants are completed satisfactorily. In the event a grantee is deemed 28 ineligible for a future grant consideration due to improper filing of final reports, the grantee 29 will be informed about the department's procedures for future consideration of grant 30 eligibility. The department will establish procedures to consider retroactivity for specific grant 31 consideration or express that the retroactivity cannot be considered for certain grants during

01 the selection process. 02 Alaska Pioneer Homes 13,757,100 13,757,100 03 It is the intent of the legislature that the Department maintain regulations requiring all 04 residents of the Pioneer Homes to apply for all appropriate benefit programs prior to a state 05 subsidy being provided for their care from the State Payment Assistance program. 06 It is the intent of the legislature that all pioneers' homes and veterans' homes applicants shall 07 complete any forms to determine eligibility for supplemental program funding, such as 08 Medicaid, Medicare, SSI, and other benefits as part of the application process. If an applicant 09 is not able to complete the forms him/herself, or if relatives or guardians of the applicant are 10 not able to complete the forms, Department of Health and Social Services staff may complete 11 the forms for him/her, obtain the individuals' or designee's signature and submit for eligibility 12 per AS 47.25.120. 13 Alaska Pioneer Homes 64,300 14 Management 15 Pioneer Homes 13,692,800 16 Behavioral Health 119,048,000 95,551,100 23,496,900 17 AK Fetal Alcohol Syndrome 59,500 18 Program 19 Alcohol Safety Action 1,188,300 20 Program (ASAP) 21 Behavioral Health Medicaid 43,862,400 22 Services 23 Behavioral Health Grants 25,157,300 24 It is the intent of the legislature that the department continue developing policies and 25 procedures surrounding the awarding of recurring grants to assure that applicants are regularly 26 evaluated on their performance in achieving outcomes consistent with the expectations and 27 missions of the Department related to their specific grant. The recipient's specific 28 performance should be measured and incorporated into the decision whether to continue 29 awarding grants. Performance measurement should be standardized, accurate, objective and 30 fair, recognizing and compensating for differences among grant recipients including acuity of 31 services provided, client base, geographic location and other factors necessary and appropriate

01 to reconcile and compare grant recipient performances across the array of providers and 02 services involved. 03 It is the intent of the legislature that the $181.0 increment in the FY10 budget for Behavioral 04 Health Grants be used for the Volunteers of America ARCH residential treatment center for 05 adolescents with substance abuse/dependency and co-occurring disorders. 06 Behavioral Health 3,392,000 07 Administration 08 Community Action 1,047,200 09 Prevention & Intervention 10 Grants 11 Rural Services and Suicide 2,135,700 12 Prevention 13 Psychiatric Emergency 7,673,000 14 Services 15 Services to the Seriously 12,724,200 16 Mentally Ill 17 Designated Evaluation and 3,031,900 18 Treatment 19 Services for Severely 11,947,200 20 Emotionally Disturbed 21 Youth 22 Alaska Psychiatric 5,861,900 23 Institute 24 AK Mental Health & Alcohol 884,600 25 & Drug Abuse Boards 26 Suicide Prevention Council 82,800 27 Children's Services 13,314,700 12,984,700 330,000 28 Children's Medicaid 4,185,600 29 Services 30 Children's Services 69,600 31 Management

01 Front Line Social Workers 148,600 02 Family Preservation 150,000 03 Foster Care Augmented Rate 500,000 04 Foster Care Special Need 747,900 05 Residential Child Care 1,956,300 06 Infant Learning Program 5,556,700 07 Grants 08 Health Care Services 456,000 350,000 106,000 09 Health Planning and 456,000 10 Infrastructure 11 Juvenile Justice 1,055,100 865,900 189,200 12 McLaughlin Youth Center 654,700 13 Fairbanks Youth Facility 103,700 14 Bethel Youth Facility 57,100 15 Probation Services 239,600 16 Public Assistance 13,200 13,200 17 Public Assistance 13,200 18 Administration 19 Public Health 1,096,800 971,800 125,000 20 Nursing 98,300 21 Women, Children and Family 877,700 22 Health 23 Certification and Licensing 120,800 24 Senior and Disabilities 15,058,000 13,602,200 1,455,800 25 Services 26 It is the intent of the legislature that regulations related to the General Relief / Temporary 27 Assisted Living program be reviewed and revised as needed to minimize the length of time 28 that the state provides housing alternatives and assure the services are provided only to 29 intended beneficiaries who are actually experiencing harm, abuse or neglect. The department 30 should educate care coordinators and direct service providers about who should be referred 31 and when they are correctly referred to the program in order that referring agents correctly

01 match consumer needs with the program services intended by the department. 02 General Relief/Temporary 740,300 03 Assisted Living 04 Senior and Disabilities 2,737,900 05 Services Administration 06 Senior Community Based 3,069,400 07 Grants 08 It is the intent of the legislature that funding in the FY 2010 budget for Senior Community 09 Based Grants be used to invest in successful home and community based supports provided 10 by grantees who have demonstrated successful outcomes documented in accordance with the 11 department's performance based evaluation procedures. 12 Community Developmental 7,924,800 13 Disabilities Grants 14 Commission on Aging 117,000 15 Governor's Council on 468,600 16 Disabilities and Special 17 Education 18 Departmental Support 1,453,800 1,403,800 50,000 19 Services 20 Commissioner's Office 157,800 21 It is the intent of the legislature that the Department of Health and Social Services complete 22 the following tasks related to fiscal audits required in chapter 66, SLA 2003 of all Medicaid 23 providers: 24 1. Develop regulations addressing the use of extrapolation methodology following an audit of 25 Medicaid providers that clearly defines the difference between actual overpayment of funds to 26 a provider and ministerial omission or clerical billing error that does not result in 27 overpayment to the provider. The extrapolation methodology will also define percentage of 28 'safe harbor' overpayment rates for which extrapolation methodology will be applied. 29 2. Develop training standards and definitions regarding ministerial and billing errors versus 30 overpayments. Include the use of those standards and definitions in the State's audit contracts. 31 All audits initiated after the effective date of this intent and resulting in findings of

01 overpayment will be calculated under the Department's new regulations governing 02 overpayment standards and extrapolation methodology. 03 It is the intent of the legislature that the department develops a ten year funding source and 04 use of funds projection for the entire department. 05 It is the intent of the legislature that the department continue working on implementing a 06 provider rate rebasing process and specific funding recommendations for both Medicaid and 07 non-Medicaid providers to be completed and available to the legislature no later than 08 December 15, 2009. 09 Administrative Support 91,400 10 Services 11 Information Technology 854,600 12 Services 13 HSS State Facilities Rent 350,000 14 * * * * * * * * * * 15 * * * * * Department of Law * * * * * 16 * * * * * * * * * * 17 Criminal Division 12,500 12,500 18 Criminal Justice 12,500 19 Litigation 20 Civil Division 84,500 84,500 21 Human Services and Child 84,500 22 Protection 23 * * * * * * * * * * 24 * * * * * Department of Natural Resources * * * * * 25 * * * * * * * * * * 26 Resource Development 2,273,400 2,273,400 27 Mental Health Trust Lands 2,273,400 28 Administration 29 * * * * * * * * * * 30 * * * * * Department of Revenue * * * * * 31 * * * * * * * * * *

01 Alaska Mental Health Trust 2,650,000 2,650,000 02 Authority 03 Mental Health Trust 2,650,000 04 Operations 05 * * * * * * * * * * 06 * * * * * University of Alaska * * * * * 07 * * * * * * * * * * 08 University of Alaska 1,917,800 300,800 1,617,000 09 Statewide Services 474,000 10 Anchorage Campus 1,418,800 11 Fairbanks Campus 25,000 12 * * * * * * * * * * 13 * * * * * Alaska Court System * * * * * 14 * * * * * * * * * * 15 Alaska Court System 1,812,300 837,000 975,300 16 Budget requests from agencies of the Judicial Branch are transmitted as requested. 17 Trial Courts 227,000 18 Therapeutic Courts 1,585,300 19 It is the intent of the legislature that, as much as is possible, FY 2011 funding for Therapeutic 20 Courts currently appropriated in other agencies be aggregated in the Therapeutic Courts 21 allocation within the Alaska Court System. 22 (SECTION 2 OF THIS ACT BEGINS ON PAGE 10)

01 * Sec. 2. The following sets out the funding by agency for the appropriations made in sec. 1 of 02 this Act. 03 Funding Source Amount 04 Department of Administration 05 1037 General Fund / Mental Health 1,873,200 06 1092 Mental Health Trust Authority Authorized 151,300 07 Receipts 08 *** Total Agency Funding *** $2,024,500 09 Department of Corrections 10 1037 General Fund / Mental Health 6,795,900 11 1092 Mental Health Trust Authority Authorized 374,000 12 Receipts 13 *** Total Agency Funding *** $7,169,900 14 Department of Education and Early Development 15 1037 General Fund / Mental Health 339,800 16 1092 Mental Health Trust Authority Authorized 200,000 17 Receipts 18 *** Total Agency Funding *** $539,800 19 Department of Health and Social Services 20 1037 General Fund / Mental Health 139,499,800 21 1092 Mental Health Trust Authority Authorized 6,833,000 22 Receipts 23 1180 Alcohol and Other Drug Abuse Treatment & 18,919,900 24 Prevention Fund 25 *** Total Agency Funding *** $165,252,700 26 Department of Law 27 1037 General Fund / Mental Health 84,500 28 1092 Mental Health Trust Authority Authorized 12,500 29 Receipts 30 *** Total Agency Funding *** $97,000 31 Department of Natural Resources

01 1092 Mental Health Trust Authority Authorized 2,273,400 02 Receipts 03 *** Total Agency Funding *** $2,273,400 04 Department of Revenue 05 1094 Mental Health Trust Administration 2,650,000 06 *** Total Agency Funding *** $2,650,000 07 University of Alaska 08 1037 General Fund / Mental Health 300,800 09 1092 Mental Health Trust Authority Authorized 1,617,000 10 Receipts 11 *** Total Agency Funding *** $1,917,800 12 Alaska Court System 13 1037 General Fund / Mental Health 837,000 14 1092 Mental Health Trust Authority Authorized 975,300 15 Receipts 16 *** Total Agency Funding *** $1,812,300 17 * * * * * Total Budget * * * * * $183,737,400 18 (SECTION 3 OF THIS ACT BEGINS ON PAGE 12)

01 * Sec. 3. The following sets out the statewide funding for the appropriations made in sec. 1 of 02 this Act. 03 Funding Source Amount 04 General Funds 05 1037 General Fund / Mental Health 149,731,000 06 ***Total General Funds*** $149,731,000 07 Federal Funds 08 ***Total Federal Funds*** $0 09 Other Non-Duplicated Funds 10 1092 Mental Health Trust Authority Authorized 12,436,500 11 Receipts 12 1094 Mental Health Trust Administration 2,650,000 13 1180 Alcohol and Other Drug Abuse Treatment & 18,919,900 14 Prevention Fund 15 ***Total Other Non-Duplicated Funds*** $34,006,400 16 Duplicated Funds 17 ***Total Duplicated Funds*** $0 18 (SECTION 4 OF THIS ACT BEGINS ON PAGE 13)

01 * Sec. 4. The following appropriation items are for capital projects and grants from the 02 general fund or other funds as set out in section 5 of this Act by funding source to the 03 agencies named for the purposes expressed and lapse under AS 37.25.020, unless otherwise 04 noted. 05 Appropriation General Other 06 Allocations Items Funds Funds 07 * * * * * * * * * * 08 * * * * * Department of Transportation/Public Facilities * * * * * 09 * * * * * * * * * * 10 Coordinated Transportation 1,100,000 800,000 300,000 11 and Vehicles (HD 1-40) 12 (SECTION 5 OF THIS ACT BEGINS ON PAGE 14)

01 * Sec. 5. The following sets out the funding by agency for the appropriations made in sec. 4 of 02 this Act. 03 Funding Source Amount 04 Department of Transportation/Public Facilities 05 1037 General Fund / Mental Health 800,000 06 1092 Mental Health Trust Authority Authorized Receipts 300,000 07 *** Total Agency Funding *** $1,100,000 08 * * * * * Total Budget * * * * * $1,100,000 09 (SECTION 6 OF THIS ACT BEGINS ON PAGE 15)

01 * Sec. 6. The following sets out the statewide funding for the appropriations made in sec. 4 of 02 this Act. 03 Funding Source Amount 04 General Funds 05 1037 General Fund / Mental Health 800,000 06 ***Total General Funds*** $800,000 07 Federal Funds 08 ***Total Federal Funds*** $0 09 Other Non-Duplicated Funds 10 1092 Mental Health Trust Authority Authorized 300,000 11 Receipts 12 ***Total Other Non-Duplicated Funds*** $300,000 13 Duplicated Funds 14 ***Total Duplicated Funds*** $0 15 (SECTION 7 OF THIS ACT BEGINS ON PAGE 16)

01 * Sec. 7. PURPOSE. In accordance with AS 37.14.003 and 37.14.005, the appropriations 02 made by this Act are for the state's integrated comprehensive mental health program. 03 * Sec. 8. NONGENERAL FUND RECEIPTS. (a) Alaska Mental Health Trust Authority 04 authorized receipts (AS 37.14.036) or administration receipts (AS 37.14.036) that exceed the 05 amounts appropriated by this Act are appropriated conditioned upon compliance with the 06 program review provisions of AS 37.07.080(h). 07 (b) If Alaska Mental Health Trust Authority authorized receipts (AS 37.14.036) or 08 administration receipts (AS 37.14.036) fall short of the estimates appropriated in this Act, the 09 affected appropriation is reduced by the amount of the shortfall in receipts. 10 * Sec. 9. SALARY AND BENEFIT ADJUSTMENTS. (a) The appropriations made in sec. 11 1 of this Act include amounts for salary and benefit adjustments for public officials, officers, 12 and employees of the executive branch, Alaska Court System employees, employees of the 13 legislature, and legislators and to implement the terms for the fiscal year ending June 30, 14 2010, of the following ongoing collective bargaining agreements: 15 (1) Alaska Public Employees Association, for the confidential unit; 16 (2) Alaska State Employees Association, for the general government unit; 17 (3) Alaska Public Employees Association, for the supervisory unit; 18 (4) Alaska Vocational Technical Center Teachers' Association - National 19 Education Association, for employees of the Alaska Vocational Technical Center; 20 (5) Public Safety Employees Association, for regularly commissioned public 21 safety officers. 22 (b) The operating budget appropriations made to the University of Alaska in this Act 23 include amounts for salary and benefit adjustments for the fiscal year ending June 30, 2010, 24 for university employees who are not members of a collective bargaining unit and for 25 implementing the monetary terms of the collective bargaining agreements including the terms 26 of the agreement providing for the health benefit plan for university employees represented by 27 the following entities: 28 (1) Alaska Higher Education Crafts and Trades Employees; 29 (2) University of Alaska Federation of Teachers; 30 (3) United Academics; 31 (4) United Academics-Adjuncts.

01 (c) If a collective bargaining agreement listed in (b) of this section is not ratified by 02 the membership of the respective collective bargaining unit, the appropriations made by this 03 Act that are applicable to that collective bargaining unit's agreement are reduced 04 proportionately by the amount for that collective bargaining agreement, and the corresponding 05 funding source amounts are reduced accordingly. 06 (d) Appropriations made in sec. 1 of this Act for salary and benefit adjustments as 07 described in (a) and (b) of this section are for the benefit of the state's integrated 08 comprehensive mental health program only and do not necessarily affect every group of 09 noncovered employees or every collective bargaining unit listed in (a) and (b) of this section. 10 * Sec. 10. This Act takes effect July 1, 2009.