CSSB 57(FIN): "An Act relating to medical assistance for recipients of Medicaid waivers; establishing an adult care home license and procedures; providing for the transition of individuals from foster care to adult home care settings; and providing for an effective date."
00 CS FOR SENATE BILL NO. 57(FIN) 01 "An Act relating to medical assistance for recipients of Medicaid waivers; establishing 02 an adult care home license and procedures; providing for the transition of individuals 03 from foster care to adult home care settings; 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. 47.07.048. Adult home care services. (a) The department shall pay for 07 adult home care services for an individual at a daily rate set by the department in 08 regulation if 09 (1) the individual is enrolled in and receiving medical assistance under 10 AS 47.07.020; 11 (2) the individual is at least 18 years of age; 12 (3) the individual is enrolled in home and community-based waiver 13 services under AS 47.07.045; 14 (4) the individual's support plan is approved for adult home care
01 services; and 02 (5) the person providing the services to the individual holds an adult 03 care home license issued under AS 47.32. 04 (b) Notwithstanding the limitations of Medicaid coverage under 05 AS 47.07.020, an individual may receive habilitative and rehabilitative care in 06 addition to adult home care services. 07 (c) The department shall adopt regulations to implement this section, 08 including regulations that 09 (1) set a daily rate for adult home care services to be paid under this 10 section; 11 (2) establish standards for caring for an individual receiving adult 12 home care services in the home care setting; 13 (3) establish standards for operating an adult care home; 14 (4) establish a procedure for transitioning an individual from a licensed 15 foster care home to a licensed adult care home; and 16 (5) establish a simple and efficient process to allow a foster parent who 17 holds a foster home license issued under AS 47.32 to transition from the foster home 18 license to an adult care home license under AS 47.32.033 for the purpose of 19 maintaining the placement of and services provided to an individual who is 20 (A) transitioning out of foster care; 21 (B) enrolled in home and community-based waiver services 22 under AS 47.07.045; and 23 (C) 18 years of age or older. 24 * Sec. 2. AS 47.32.010(b) is amended to read: 25 (b) The following entities are subject to this chapter and regulations adopted 26 under this chapter by the Department of Health: 27 (1) ambulatory surgical centers; 28 (2) assisted living homes; 29 (3) child care facilities; 30 (4) freestanding birth centers; 31 (5) home health agencies;
01 (6) hospices, or agencies providing hospice services or operating 02 hospice programs; 03 (7) hospitals; 04 (8) intermediate care facilities for individuals with an intellectual 05 disability or related condition; 06 (9) maternity homes; 07 (10) nursing facilities; 08 (11) residential child care facilities; 09 (12) residential psychiatric treatment centers; 10 (13) rural health clinics; 11 (14) subacute mental health facilities; 12 (15) adult care homes. 13 * Sec. 3. AS 47.32 is amended by adding a new section to read: 14 Sec. 47.32.033. Adult care home license. (a) The Department of Health may 15 issue a license to a person under this section and regulations adopted under this section 16 to operate an adult care home to provide 24-hour oversight and care on a continuing 17 basis for up to two individuals if each individual is 18 (1) 18 years of age or older; and 19 (2) enrolled in Medicaid home and community-based waiver services 20 under AS 47.07.045. 21 (b) An adult care home shall provide care to an individual under this section in 22 accordance with the approved services established in the individual's plan of care, 23 which shall identify the specific physical, mental, and social care needs of the 24 individual. 25 (c) The Department of Health may establish standards in regulation that 26 authorize care for up to three individuals based on unusual circumstances, including 27 historical or familial connections of the individuals receiving services. 28 * Sec. 4. AS 47.32.900(2) is amended to read: 29 (2) "assisted living home" 30 (A) means a residential facility that serves three or more adults 31 who are not related to the owner by blood or marriage, or that receives state or
01 federal payment for services regardless of the number of adults served; the 02 Department of Health [DEPARTMENT] shall consider a facility to be an 03 assisted living home if the facility 04 (i) provides housing and food services to its residents; 05 (ii) offers to provide or obtain for its residents 06 assistance with activities of daily living; 07 (iii) offers personal assistance as defined in 08 AS 47.33.990; or 09 (iv) provides or offers any combination of these 10 services; 11 (B) does not include 12 (i) a correctional facility; 13 (ii) an emergency shelter; 14 (iii) a program licensed under AS 47.10.310 for 15 runaway minors; 16 (iv) a type of entity listed in AS 47.32.010(b)(6) - (10), 17 (15), or (c)(2) [AS 47.32.010(b)(6) - (10) OR (c)(2);] 18 * Sec. 5. AS 47.32.900 is amended by adding a new paragraph to read: 19 (21) "adult care home" means a home in which the adult head of 20 household resides and provides 24-hour care on a continuing basis under a license 21 issued under AS 47.32.033 for an individual eligible under AS 47.07.048. 22 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 MEDICAID STATE PLAN. The Department of Health shall submit as necessary for 25 approval by the United States Department of Health and Human Services amendments to the 26 state plan under AS 47.07.040, a section 1915(c) waiver, or a section 1115 demonstration 27 waiver under 42 U.S.C. 1396 - 1396p (Social Security Act) to allow enrolled individuals to 28 receive adult home care services under AS 47.07.048, enacted by sec. 1 of this Act, including, 29 if approved as not being a duplicative service, allowing other long-term care services under 42 30 U.S.C. 1396 - 1396p (Title XIX, Social Security Act) while receiving adult home care 31 services under AS 47.07.048(c), enacted by sec. 1 of this Act.
01 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 CONDITIONAL EFFECT; NOTIFICATION. (a) Section 1 of this Act takes effect 04 only if, and to the extent that, before July 1, 2027, the United States Department of Health and 05 Human Services approves amendments submitted under sec. 6 of this Act. 06 (b) The commissioner of health shall notify the revisor of statutes in writing within 30 07 days after the United States Department of Health and Human Services approves amendments 08 to the state plan. 09 * Sec. 8. If AS 47.07.048, enacted by sec. 1 of this Act, or a portion of AS 47.07.048, 10 enacted by sec. 1 of this Act, takes effect, it takes effect on the day after the date the revisor of 11 statutes receives notice from the commissioner of health under sec. 7(b) of this Act.