Enrolled HB 88: Changing the terms "mental retardation" and "mentally retarded," and making conforming changes, in Alaska Statutes.
00Enrolled HB 88 01 Changing the terms "mental retardation" and "mentally retarded," and making conforming 02 changes, in Alaska Statutes. 03 _______________ 04 * Section 1. AS 08.68.333(d) is amended to read: 05 (d) If the certified nurse aide is employed in a skilled nursing facility or a 06 nursing facility, other than an intermediate care facility for persons with intellectual 07 and developmental disabilities [THE MENTALLY RETARDED], that is 08 participating in the Medicaid or Medicare program, only the state survey and 09 certification agency may make, and report to the Board of Nursing, a finding that the 10 certified nurse aide has committed abuse, neglect, or misappropriation of property in 11 connection with the nurse aide's employment at the facility. 12 * Sec. 2. AS 12.47.130(5) is amended to read: 13 (5) "mental disease or defect" means a disorder of thought or mood 14 that substantially impairs judgment, behavior, capacity to recognize reality, or ability
01 to cope with the ordinary demands of life; "mental disease or defect" also includes 02 intellectual and developmental disabilities that result in [MENTAL 03 RETARDATION, WHICH MEANS A] significantly below average general 04 intellectual functioning that impairs a person's ability to adapt to or cope with the 05 ordinary demands of life; 06 * Sec. 3. AS 14.30.350(2) is amended to read: 07 (2) "child with a disability" means a child with one or more of the 08 following: 09 (A) intellectual disability [MENTAL RETARDATION]; 10 (B) learning disabilities; 11 (C) emotional disturbance; 12 (D) deafness; 13 (E) deaf-blindness; 14 (F) hearing impairment; 15 (G) orthopedic impairment; 16 (H) other health impairment; 17 (I) speech or language impairment; 18 (J) visual impairment; 19 (K) multiple disabilities; 20 (L) early childhood development delay; 21 (M) autism; 22 (N) traumatic brain injury; 23 (O) developmental disability; 24 * Sec. 4. AS 14.30.630(b) is amended to read: 25 (b) The agency shall 26 (1) provide special education services including 27 (A) itinerant outreach services to students who are deaf, deaf- 28 blind, intellectually disabled, developmentally disabled [MENTALLY 29 RETARDED], hearing impaired, blind and visually impaired, orthopedically 30 disabled, health-impaired in other ways, and severely emotionally disturbed, 31 and to students with multiple disabilities;
01 (B) special education instructional support and training of local 02 school district special education personnel; and 03 (C) other services appropriate to special education needs; 04 (2) provide for an annual audit of the agency; 05 (3) provide the department with a two-year plan of operation including 06 a description of the services to be offered by the agency, the method by which the 07 services will be evaluated, information on the number of students and school district 08 personnel to be served, a schedule of funds available to the agency from all sources, 09 and other information that may be required by the department by regulation; 10 (4) present an annual budget to the department. 11 * Sec. 5. AS 18.15.210 is amended to read: 12 Sec. 18.15.210. Testing for certain other heritable diseases. The department 13 shall administer and provide services for testing for other heritable diseases that lead 14 to intellectual disabilities, developmental disabilities, or both, [MENTAL 15 RETARDATION] and physical disabilities as screening programs accepted by current 16 medical practice and as developed. 17 * Sec. 6. AS 18.20.140 is amended to read: 18 Sec. 18.20.140. Purpose. The purpose of AS 18.20.140 - 18.20.220 is to make 19 an inventory of existing hospitals and medical facilities, community mental health 20 centers, and facilities for persons with intellectual and developmental disabilities 21 [THE MENTALLY RETARDED]; to survey the need for construction of hospitals 22 and medical facilities, community mental health centers, and facilities for persons 23 with intellectual and developmental disabilities [THE MENTALLY RETARDED]; 24 and to develop a program and plan of construction for each. 25 * Sec. 7. AS 18.20.150(a) is amended to read: 26 (a) For each of the following groups of facilities, hospitals and medical 27 facilities (Group 1), community mental health centers (Group 2), and facilities for 28 persons with intellectual and developmental disabilities [THE MENTALLY 29 RETARDED] (Group 3), the department shall 30 (1) make a statewide inventory of existing public, nonprofit, and 31 proprietary facilities;
01 (2) survey the need for construction of these facilities; 02 (3) on the basis of the inventory and survey, develop a program for the 03 construction of public and other nonprofit facilities for each of these groups that will, 04 in conjunction with existing facilities, afford the necessary physical facilities for 05 furnishing adequate facility services to all residents of the state. 06 * Sec. 8. AS 18.20.210(3) is amended to read: 07 (3) "facility for persons with intellectual and developmental 08 disabilities [THE MENTALLY RETARDED]" means a facility specially designed for 09 the diagnosis, treatment, education, training, or custodial care of persons with 10 intellectual and developmental disabilities [THE MENTALLY RETARDED], 11 including facilities for training specialists and sheltered workshops for persons with 12 intellectual and developmental disabilities [THE MENTALLY RETARDED], but 13 only if the workshops are part of facilities that provide or will provide comprehensive 14 services for persons with intellectual and developmental disabilities [THE 15 MENTALLY RETARDED]; 16 * Sec. 9. AS 18.20.210(4) is amended to read: 17 (4) "federal act" means Title VI of the Public Health Service Act (42 18 U.S.C. 291 et seq.) concerning hospitals and medical facilities and the Mental 19 Retardation Facilities and Community Mental Health Centers Construction Act of 20 1963 (P.L. 88-164) concerning facilities for persons with intellectual and 21 developmental disabilities [THE MENTALLY RETARDED] and community mental 22 health centers, both as now or hereafter amended; 23 * Sec. 10. AS 18.20.210(7) is amended to read: 24 (7) "nonprofit facility for persons with intellectual and 25 developmental disabilities [THE MENTALLY RETARDED]" and "nonprofit 26 community mental health center" mean, respectively, a facility for persons with 27 intellectual and developmental disabilities [THE MENTALLY RETARDED] and a 28 community mental health center that is owned and operated by one or more nonprofit 29 corporations or associations no part of the net earnings of which inures, or may 30 lawfully inure, to the benefit of any private shareholder or individual; and the term 31 "nonprofit private agency or organization" means an agency or organization that is
01 such a corporation or association or that is owned and operated by one or more of such 02 corporations or associations; 03 * Sec. 11. AS 18.80.300(15) is amended to read: 04 (15) "physical or mental impairment" means 05 (A) physiological disorder or condition, cosmetic 06 disfigurement, or anatomical loss affecting one or more of the following body 07 systems: neurological, musculoskeletal, special sense organs, respiratory 08 including speech organs, cardiovascular, reproductive, digestive, genito- 09 urinary, hemic and lymphatic, skin, and endocrine; 10 (B) mental or psychological disorder, including intellectual 11 disability [MENTAL RETARDATION], organic brain syndrome, emotional 12 or mental illness, and specific learning disabilities; 13 * Sec. 12. AS 36.30.170(k) is amended to read: 14 (k) In this section, "person with a disability" means an individual 15 (1) who has a severe physical or mental disability that seriously limits 16 one or more functional capacities in terms of employability; in this paragraph, 17 "functional capacities" means mobility, communication, self-care, self-direction, 18 interpersonal skills, work tolerance, or work skills; 19 (2) whose physical or mental disability 20 (A) results from amputation, arthritis, autism, blindness, burn 21 injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart 22 disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, 23 intellectual disability, developmental disability, or both [MENTAL 24 RETARDATION], mental illness, multiple sclerosis, muscular dystrophy, 25 musculo-skeletal disorders, neurological disorders, paraplegia, quadriplegia, 26 other spinal cord conditions, sickle cell anemia, specific learning disability, or 27 end stage renal disease; in this subparagraph, "neurological disorders" include 28 stroke and epilepsy; or 29 (B) is a disability or combination of disabilities that are not 30 identified in (A) of this paragraph and that are determined on the basis of an 31 evaluation of rehabilitation potential to cause substantial functional limitation
01 comparable to a disability identified in (A) of this paragraph; and 02 (3) whose vocational rehabilitation can be expected to require multiple 03 vocational rehabilitation services over an extended period of time. 04 * Sec. 13. AS 43.23.095(2) is amended to read: 05 (2) "disabled" means physically or mentally unable to complete and 06 sign an application due to a serious emotional disturbance, visual, orthopedic, or other 07 health impairment, or developmental disability that is attributable to intellectual 08 disability [MENTAL RETARDATION], cerebral palsy, epilepsy, autism, or other 09 cause; "disabled" does not mean "incompetent"; 10 * Sec. 14. AS 47.05.055(b) is amended to read: 11 (b) If the certified nurse aide is employed in a skilled nursing facility or 12 nursing facility, other than an intermediate care facility for persons with intellectual 13 and developmental disabilities [THE MENTALLY RETARDED], that is 14 participating in the Medicaid or Medicare program, only the state survey and 15 certification agency may make, and report to the Board of Nursing, a finding that a 16 certified nurse aide has committed abuse, neglect, or misappropriation of property in 17 connection with the nurse aide's employment at the facility. 18 * Sec. 15. AS 47.07.020(b) is amended to read: 19 (b) In addition to the persons specified in (a) of this section, the following 20 optional groups of persons for whom the state may claim federal financial 21 participation are eligible for medical assistance: 22 (1) persons eligible for but not receiving assistance under any plan of 23 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 24 Supplemental Security Income) or a federal program designated as the successor to the 25 aid to families with dependent children program; 26 (2) persons in a general hospital, skilled nursing facility, or 27 intermediate care facility, who, if they left the facility, would be eligible for assistance 28 under one of the federal programs specified in (1) of this subsection; 29 (3) persons under 21 years of age who are under supervision of the 30 department, for whom maintenance is being paid in whole or in part from public 31 funds, and who are in foster homes or private child-care institutions;
01 (4) aged, blind, or disabled persons, who, because they do not meet 02 income and resources requirements, do not receive supplemental security income 03 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 04 receive a mandatory state supplement, but who are eligible, or would be eligible if 05 they were not in a skilled nursing facility or intermediate care facility to receive an 06 optional state supplementary payment; 07 (5) persons under 21 years of age who are in an institution designated 08 as an intermediate care facility for persons with intellectual and developmental 09 disabilities [THE MENTALLY RETARDED] and who are financially eligible as 10 determined by the standards of the federal program designated as the successor to the 11 aid to families with dependent children program; 12 (6) persons in a medical or intermediate care facility whose income 13 while in the facility does not exceed 300 percent of the supplemental security income 14 benefit rate under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act) but who 15 would not be eligible for an optional state supplementary payment if they left the 16 hospital or other facility; 17 (7) persons under 21 years of age who are receiving active treatment in 18 a psychiatric hospital and who are financially eligible as determined by the standards 19 of the federal program designated as the successor to the aid to families with 20 dependent children program; 21 (8) persons under 21 years of age and not covered under (a) of this 22 section, who would be eligible for benefits under the federal program designated as 23 the successor to the aid to families with dependent children program, except that they 24 have the care and support of both their natural and adoptive parents; 25 (9) pregnant women not covered under (a) of this section and who 26 meet the income and resource requirements of the federal program designated as the 27 successor to the aid to families with dependent children program; 28 (10) persons under 21 years of age not covered under (a) of this section 29 who the department has determined cannot be placed for adoption without medical 30 assistance because of a special need for medical or rehabilitative care and who the 31 department has determined are hard-to-place children eligible for subsidy under
01 AS 25.23.190 - 25.23.210; 02 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 03 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 04 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 05 XVI, Social Security Act) because they meet all of the following criteria: 06 (A) they are 18 years of age or younger and qualify as disabled 07 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 08 (B) the department has determined that 09 (i) they require a level of care provided in a hospital, 10 nursing facility, or intermediate care facility for persons with 11 intellectual and developmental disabilities [THE MENTALLY 12 RETARDED]; 13 (ii) it is appropriate to provide their care outside of an 14 institution; and 15 (iii) the estimated amount that would be spent for 16 medical assistance for their individual care outside an institution is not 17 greater than the estimated amount that would otherwise be expended 18 individually for medical assistance within an appropriate institution; 19 (C) if they were in a medical institution, they would be eligible 20 for medical assistance under other provisions of this chapter; and 21 (D) home and community-based services under a waiver 22 approved by the federal government are either not available to them under this 23 chapter or would be inappropriate for them; 24 (12) disabled persons, as described in 42 U.S.C. 25 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 26 applicable federal regulations or guidelines, is less than 250 percent of the official 27 poverty line applicable to a family of that size according to the United States 28 Department of Health and Human Services, and who, but for earnings in excess of the 29 limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be 30 individuals with respect to whom a supplemental security income is being paid under 31 42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is
01 not eligible under another provision of this section shall pay a premium or other cost- 02 sharing charges according to a sliding fee scale that is based on income as established 03 by the department in regulations; 04 (13) persons under 19 years of age who are not covered under (a) of 05 this section and whose household income does not exceed 175 percent of the federal 06 poverty line as defined by the United States Department of Health and Human 07 Services and revised under 42 U.S.C. 9902(2); 08 (14) pregnant women who are not covered under (a) of this section and 09 whose household income does not exceed 175 percent of the federal poverty line as 10 defined by the United States Department of Health and Human Services and revised 11 under 42 U.S.C. 9902(2); 12 (15) persons who have been diagnosed with breast or cervical cancer 13 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII). 14 * Sec. 16. AS 47.07.030(b) is amended to read: 15 (b) In addition to the mandatory services specified in (a) of this section and the 16 services provided under (d) of this section, the department may offer only the 17 following optional services: case management services for traumatic or acquired brain 18 injury; case management and nutrition services for pregnant women; personal care 19 services in a recipient's home; emergency hospital services; long-term care 20 noninstitutional services; medical supplies and equipment; advanced nurse practitioner 21 services; clinic services; rehabilitative services for children eligible for services under 22 AS 47.07.063, substance abusers, and emotionally disturbed or chronically mentally ill 23 adults; targeted case management services; inpatient psychiatric facility services for 24 individuals [AGE] 65 years of age or older and individuals under [AGE] 21 years of 25 age; psychologists' services; clinical social workers' services; midwife services; 26 prescribed drugs; physical therapy; occupational therapy; chiropractic services; low- 27 dose mammography screening, as defined in AS 21.42.375(e); hospice care; treatment 28 of speech, hearing, and language disorders; adult dental services; prosthetic devices 29 and eyeglasses; optometrists' services; intermediate care facility services, including 30 intermediate care facility services for persons with intellectual and developmental 31 disabilities [THE MENTALLY RETARDED]; skilled nursing facility services for
01 individuals under [AGE] 21 years of age; and reasonable transportation to and from 02 the point of medical care. 03 * Sec. 17. AS 47.07.045(b) is amended to read: 04 (b) Before the department may terminate payment for services provided under 05 (a) of this section, 06 (1) the recipient must have had an annual assessment to determine 07 whether the recipient continues to meet the standards under (a) of this section; 08 (2) the annual assessment must have been reviewed by an independent 09 qualified health care professional under contract with the department; for purposes of 10 this paragraph, "independent qualified health care professional" means, 11 (A) for a waiver based on intellectual [MENTAL 12 RETARDATION] or developmental disability, a person who is qualified under 13 42 CFR 483.430 as a qualified intellectual disability [MENTAL 14 RETARDATION] professional; 15 (B) for other allowable waivers, a registered nurse licensed 16 under AS 08.68 who is qualified to assess children with complex medical 17 conditions, older Alaskans, and adults with physical disabilities for medical 18 assistance waivers; and 19 (3) the annual assessment must find that the recipient's condition has 20 materially improved since the previous assessment; for purposes of this paragraph, 21 "materially improved" means that a recipient who has previously qualified for a 22 waiver for 23 (A) a child with complex medical conditions, no longer needs 24 technical assistance for a life-threatening condition, and is expected to be 25 placed in a skilled nursing facility for less than 30 days each year; 26 (B) intellectual [MENTAL RETARDATION] or 27 developmental disability, no longer needs the level of care provided by an 28 intermediate care facility for persons with intellectual and developmental 29 disabilities [THE MENTALLY RETARDED] either because the qualifying 30 diagnosis has changed or the recipient is able to demonstrate the ability to 31 function in a home setting without the need for waiver services; or
01 (C) an older Alaskan or adult with a physical disability, no 02 longer has a functional limitation or cognitive impairment that would result in 03 the need for nursing home placement, and is able to demonstrate the ability to 04 function in a home setting without the need for waiver services. 05 * Sec. 18. AS 47.07.055(a) is amended to read: 06 (a) The estate of an individual who received medical assistance payments is 07 subject to a claim for recovery of the medical assistance after the individual's death 08 that, except as provided in (b) of this section, may be secured by a lien filed against 09 the individual's real property during the individual's lifetime if the 10 (1) individual was an inpatient in a nursing facility, intermediate care 11 facility for persons with intellectual and developmental disabilities [THE 12 MENTALLY RETARDED], or other medical institution; 13 (2) department required the individual, as a condition of receiving 14 medical assistance under this chapter, to spend for medical expenses all but a minimal 15 amount of that individual's income; and 16 (3) department determined during the individual's lifetime, after notice 17 and opportunity for hearing, that the individual could not reasonably be expected to be 18 discharged from the institution and to return home. 19 * Sec. 19. AS 47.07.055(e) is amended to read: 20 (e) In addition to recovery of medical assistance upon sale of property subject 21 to a lien authorized under (a) - (d) of this section, after an individual's death, the 22 individual's estate is subject to a claim for reimbursement for medical assistance 23 payments made on behalf of the individual under this chapter for the following 24 services to the extent that those services were provided when the individual was 55 25 years of age or older: 26 (1) services received while an inpatient in a nursing facility, 27 intermediate care facility for persons with intellectual and developmental 28 disabilities [THE MENTALLY RETARDED], or other medical institutions; and 29 (2) home and community-based services provided through a waiver 30 received from the federal government that allows home and community-based services 31 to be covered under this chapter for persons who are eligible for coverage under this
01 chapter while in an institution but who are able to avoid institutionalization because of 02 the provision of home and community-based services. 03 * Sec. 20. AS 47.07.900(11) is amended to read: 04 (11) "health facility" includes a 05 (A) hospital, skilled nursing facility, intermediate care facility, 06 intermediate care facility for persons with intellectual and developmental 07 disabilities [THE MENTALLY RETARDED], rehabilitation facility, inpatient 08 psychiatric facility, home health agency, rural health clinic, and outpatient 09 surgical clinic; and 10 (B) birthing center if birthing centers are authorized for 11 coverage under the state plan approved under AS 47.07.040 by the United 12 States Department of Health and Human Services; 13 * Sec. 21. AS 47.25.195(f)(2) is amended to read: 14 (2) "health facility" includes a hospital, skilled nursing facility, 15 intermediate care facility, intermediate care facility for persons with intellectual and 16 developmental disabilities [THE MENTALLY RETARDED], rehabilitation facility, 17 inpatient psychiatric facility, home health agency, rural health clinic, and outpatient 18 surgical clinic. 19 * Sec. 22. AS 47.30.056(b) is amended to read: 20 (b) Expenditures under (a)(1) of this section must provide for a reasonable 21 level of necessary services to persons who 22 (1) are [THE] mentally ill; 23 (2) have an intellectual disability, a developmental disability, or 24 both [THE MENTALLY DEFECTIVE AND RETARDED]; 25 (3) are chronic alcoholics suffering from psychoses; 26 (4) [SENILE PEOPLE WHO] as a result of [THEIR] senility, suffer 27 major mental illness; and 28 (5) need [OTHER PERSONS NEEDING] mental health services, as 29 the legislature may determine. 30 * Sec. 23. AS 47.30.056(e) is amended to read: 31 (e) In (b)(2) of this section, "persons who have an intellectual disability,
01 developmental disability, or both" ["THE MENTALLY DEFECTIVE AND 02 RETARDED"] includes persons with the following neurologic or mental disorders: 03 (1) cerebral palsy; 04 (2) epilepsy; 05 (3) [MENTAL RETARDATION; 06 (4)] autistic disorder; 07 (4) [(5)] severe organic brain impairment; 08 (5) [(6)] significant developmental delay during early childhood 09 indicating risk of developing a disorder listed in this subsection; 10 (6) [(7)] other severe and persistent intellectual disability or 11 developmental disability [MENTAL DISORDERS] manifested by behaviors and 12 symptoms similar to those manifested by persons with disorders listed in this 13 subsection. 14 * Sec. 24. AS 47.30.580 is amended to read: 15 Sec. 47.30.580. Comprehensive services. Plans and regulations adopted under 16 AS 47.30.520 - 47.30.620 must allow local programs sufficient administrative and 17 program flexibility so that local community mental health programs may be joined 18 with other programs such as intellectual and developmental disability [MENTAL 19 RETARDATION] programs, drug abuse programs, alcoholism programs, and 20 comprehensive mental health services programs. 21 * Sec. 25. AS 47.30.915(12) is amended to read: 22 (12) "mental illness" means an organic, mental, or emotional 23 impairment that has substantial adverse effects on an individual's ability to exercise 24 conscious control of the individual's actions or ability to perceive reality or to reason 25 or understand; intellectual disability, developmental disability, or both [MENTAL 26 RETARDATION], epilepsy, drug addiction, and alcoholism do not per se constitute 27 mental illness, although persons suffering from these conditions may also be suffering 28 from mental illness; 29 * Sec. 26. AS 47.32.010(b) is amended to read: 30 (b) This chapter and regulations adopted under this chapter apply to the 31 following entities:
01 (1) ambulatory surgical centers; 02 (2) assisted living homes; 03 (3) child care facilities; 04 (4) child placement agencies; 05 (5) foster homes; 06 (6) free-standing birth centers; 07 (7) home health agencies; 08 (8) hospices, or agencies providing hospice services or operating 09 hospice programs; 10 (9) hospitals; 11 (10) intermediate care facilities for individuals with an intellectual 12 disability or related condition [THE MENTALLY RETARDED]; 13 (11) maternity homes; 14 (12) nursing facilities; 15 (13) residential child care facilities; 16 (14) residential psychiatric treatment centers; 17 (15) rural health clinics; 18 (16) runaway shelters. 19 * Sec. 27. AS 47.32.900(14) is amended to read: 20 (14) "intermediate care facility for individuals with an intellectual 21 disability or related condition [THE MENTALLY RETARDED]" has the meaning 22 given in 42 C.F.R. 440.150; 23 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 CHANGES IN THE TERMS "MENTAL RETARDATION" AND "MENTALLY 26 RETARDED"; CONSTRUCTION. Nothing in this Act shall be construed to alter the 27 coverage, eligibility, rights, responsibilities, or definitions referred to in the provisions 28 amended by this Act. 29 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 REGULATIONS; INSTRUCTION. The Department of Law is instructed, to the
01 extent practicable, to change the Alaska Administrative Code to reflect the changes in 02 terminology consistent with this Act by replacing references to "mental retardation" and 03 "mentally retarded" with "persons with intellectual and developmental disabilities," modified 04 as appropriate to the context of the usage, as follows: 05 (1) "mentally retarded" to "intellectually disabled or developmentally 06 disabled" or "intellectually disabled, developmentally disabled"; 07 (2) "the mentally retarded" to "individuals with intellectual and developmental 08 disabilities"; 09 (3) "mental retardation" or "mental retardation and developmental disabilities" 10 to "intellectual and developmental disability," "intellectual disability or developmental 11 disability," or "intellectual disability, developmental disability, or both"; 12 (4) "mental retardation professional" to "qualified intellectual disability 13 professional"; 14 (5) "intermediate care facility for the mentally retarded" to "intermediate care 15 facility for individuals with an intellectual disability or related condition," and the 16 abbreviation "ICF/MR" to "ICF/IID."