CSSB 32(HSS): "An Act relating to medical assistance payments for home and community-based services, provision of personal care services in a recipient's home, and assisted living homes; and providing for an effective date."
00 CS FOR SENATE BILL NO. 32(HSS) 01 "An Act relating to medical assistance payments for home and community-based 02 services, provision of personal care services in a recipient's home, and assisted living 03 homes; and providing for an effective date." 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. 47.07.069. Payment rates for provision of personal care services in a 07 recipient's home, home and community-based services, and assisted living homes. 08 (a) The department shall, by regulation, set rates of payment for provision of personal 09 care services in a recipient's home under AS 47.07.030, home and community-based 10 services under AS 47.07.045, and assisted living homes under AS 47.24.017 and 11 AS 47.25.195(e) in accordance with 42 U.S.C. 1396 (Title XIX, Social Security Act, 12 Medical Assistance) and this section. A rate established under this section takes effect 13 under AS 44.62 (Administrative Procedure Act) but not until approved in writing by 14 the commissioner. The commissioner may delegate the performance of these
01 functions. 02 (b) The department shall review the rates of payment established under of (a) 03 of this section for a fiscal year. In reviewing the rates, the department shall, within the 04 limit of appropriations made by the legislature for the department's programs under 05 this chapter and under AS 47.25.120 - 47.25.300 for that fiscal year, including 06 anticipated available federal revenue for that fiscal year, set rates that are based on 07 (1) reasonable costs related to patient care; 08 (2) audit and inspection results and reports, when the audit or 09 inspection is conducted under AS 47.07.074; and 10 (3) the rate of inflation contained in the home health agency market 11 basket data of the Centers for Medicare and Medicaid Services, United States 12 Department of Health and Human Services. 13 (c) As a condition of obtaining payment under this section, a provider of 14 personal care services in a recipient's home, a provider of home and community-based 15 services, and an assisted living home shall allow 16 (1) the department reasonable access to the records of medical 17 assistance recipients and providers; and 18 (2) audit and inspection of the records by state and federal agencies. 19 * Sec. 2. AS 47.24.017(d) is amended to read: 20 (d) If the protective services under this section include the placement of a 21 vulnerable adult in an assisted living home at the state's expense, the minimum daily 22 reimbursement rate to the assisted living home for the vulnerable adult is the amount 23 set under AS 47.07.069 for assisted living homes plus eligible room and board 24 expenses [$70]. The department may, under its regulations, provide for a daily rate 25 higher than the amount set under this section [$70] if the additional care provided to 26 the vulnerable adult in the assisted living home justifies the additional reimbursement. 27 In this subsection, "assisted living home" means an assisted living home licensed 28 under AS 47.32. 29 * Sec. 3. AS 47.25.195(e) is amended to read: 30 (e) Notwithstanding other provisions of this section and the provisions of 31 AS 47.07, if the assistance provided to a needy person under AS 47.25.120 -
01 47.25.300 includes the initiation or continuation of placement of the person in an 02 assisted living home at the state's expense, the department's minimum daily 03 reimbursement rate to the assisted living home for the person is the amount set under 04 AS 47.07.069 plus eligible room and board expenses [$70. THIS MINIMUM RATE 05 IS NOT SUBJECT TO REDUCTION UNDER (c) OF THIS SECTION]. The 06 department may, under its regulations and under the procedures of AS 47.07.070 - 07 47.07.075, provide for a daily rate higher than the amount set under this section 08 [$70] if the care provided to the needy person in the assisted living home justifies the 09 higher reimbursement. [A DAILY RATE HIGHER THAN $70 FOR ASSISTED 10 LIVING HOMES MAY BE REDUCED UNDER (c) OF THIS SECTION, BUT NOT 11 BELOW $70.] 12 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 REPORT ON MEDICAL ASSISTANCE PAYMENT RATES. (a) The Department of 15 Health and Social Services shall prepare and submit an annual report on medical assistance 16 payment rates established under AS 47.07.069 to the governor that 17 (1) identifies trends in established rates of payment; 18 (2) explains how the department has complied with AS 47.07.069(b) in 19 establishing the rates; and 20 (3) includes a cross reference to regulations adopted under AS 47.07.069 and 21 the availability of the regulations. 22 (b) The department shall notify all legislators of the availability of the report prepared 23 under (a) of this section and provide a copy of the report to the 24 (1) presiding officers of each house of the legislature; 25 (2) chairs of the senate and house finance committees; and 26 (3) chairs of the senate and house health and social service committees. 27 * Sec. 5. Section 4 of this Act is repealed June 30, 2014. 28 * Sec. 6. This Act takes effect July 1, 2011.