CSSB 32(FIN): "An Act relating to medical assistance payments for home and community-based services and provision of personal care services in a recipient's home; and providing for an effective date."
00 CS FOR SENATE BILL NO. 32(FIN) 01 "An Act relating to medical assistance payments for home and community-based 02 services and provision of personal care services in a recipient's home; and providing for 03 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 and for home and community-based services. (a) The department 08 shall, by regulation, set rates of payment for provision of personal care services in a 09 recipient's home under AS 47.07.030 and for home and community-based services 10 under AS 47.07.045, in accordance with 42 U.S.C. 1396 (Title XIX, Social Security 11 Act, Medical Assistance) and this section. A rate established under this section takes 12 effect under AS 44.62 (Administrative Procedure Act) but not until approved in 13 writing by the commissioner. The commissioner may delegate the performance of 14 these functions.
01 (b) The department shall review the rates of payment established under of (a) 02 of this section for a fiscal year. In reviewing the rates, the department shall, within the 03 limit of appropriations made by the legislature for the department's programs under 04 this chapter for that fiscal year, including anticipated available federal revenue for that 05 fiscal year, set rates that consider 06 (1) periodic cost surveys, to be conducted by the department at least 07 once every four years; 08 (2) audit and inspection results and reports; and 09 (3) the rate of inflation contained in the home health agency market 10 basket data of the Centers for Medicare and Medicaid Services, United States 11 Department of Health and Human Services. 12 (c) As a condition of obtaining payment under this section, a provider of 13 personal care services in a recipient's home and a provider of home and community- 14 based services, shall 15 (1) participate in periodic cost surveys as requested by the department; 16 and 17 (2) allow 18 (A) the department reasonable access to the records of medical 19 assistance recipients and providers; and 20 (B) audit and inspection of the records by state and federal 21 agencies. 22 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 REPORT ON MEDICAL ASSISTANCE PAYMENT RATES. (a) The Department of 25 Health and Social Services shall prepare and submit an annual report on medical assistance 26 payment rates established under AS 47.07.069 to the governor that 27 (1) identifies trends in established rates of payment; 28 (2) explains how the department has complied with AS 47.07.069(b) in 29 establishing the rates; and 30 (3) includes a cross reference to regulations adopted under AS 47.07.069 and 31 the availability of the regulations.
01 (b) The department shall notify all legislators of the availability of the report prepared 02 under (a) of this section and provide a copy of the report to the 03 (1) presiding officers of each house of the legislature; 04 (2) chairs of the senate and house finance committees; and 05 (3) chairs of the senate and house health and social service committees. 06 * Sec. 3. Section 2 of this Act is repealed June 30, 2014. 07 * Sec. 4. This Act takes effect July 1, 2011.