Enrolled SB 57: Relating to the sharing of confidential health information between the Department of Health and the Department of Family and Community Services; relating to home- and community-based services under the medical assistance program; relating to medical assistance for recipients of Medicaid waivers; establishing a host care home license and procedures; providing for the transition of individuals from foster care to host home care settings; and providing for an effective date.
00Enrolled SB 57 01 Relating to the sharing of confidential health information between the Department of Health 02 and the Department of Family and Community Services; relating to home- and community- 03 based services under the medical assistance program; relating to medical assistance for 04 recipients of Medicaid waivers; establishing a host care home license and procedures; 05 providing for the transition of individuals from foster care to host home care settings; and 06 providing for an effective date. 07 _______________ 08 * Section 1. AS 47.05 is amended by adding a new section to read: 09 Sec. 47.05.115. Access to identifiable health information. Notwithstanding a 10 contrary provision of law, the Department of Health and the Department of Family 11 and Community Services shall share identifiable health information, regardless of the 12 confidential nature of the information, between and within the departments as 13 necessary to enable administration or operation of the sending or receiving
01 department. Information shared in accordance with this section shall be acquired, 02 used, disclosed, and stored in a confidential manner that safeguards the security of the 03 information in a physically, administratively, and technologically secure environment. 04 In this section, "identifiable health information" has the meaning given in 05 AS 18.15.395. 06 * Sec. 2. AS 47.07.045 is amended by adding a new subsection to read: 07 (e) Unless prohibited by federal law, the state shall allow a legally responsible 08 person to provide personal care services under this section to a recipient of medical 09 assistance under the 1915(k) state plan option under 42 U.S.C. 1396n. 10 * Sec. 3. AS 47.07 is amended by adding a new section to read: 11 Sec. 47.07.048. Host home care services. (a) The department shall pay for 12 host home care services for an individual at a daily rate set by the department in 13 regulation if 14 (1) the individual is enrolled in and receiving medical assistance under 15 AS 47.07.020; 16 (2) the individual is at least 18 years of age; 17 (3) the individual is enrolled in home and community-based waiver 18 services under AS 47.07.045; 19 (4) the individual's support plan is approved for host home care 20 services; and 21 (5) the person providing the services to the individual holds a host care 22 home license issued under AS 47.32. 23 (b) Notwithstanding the limitations of Medicaid coverage under 24 AS 47.07.020, an individual may receive habilitative and rehabilitative care in 25 addition to host home care services. 26 (c) The department shall adopt regulations to implement this section, 27 including regulations that 28 (1) set a daily rate for host home care services to be paid under this 29 section; 30 (2) establish standards for caring for an individual receiving host home 31 care services in the home care setting;
01 (3) establish standards for operating a host care home; 02 (4) establish a procedure for transitioning an individual from a licensed 03 foster care home to a licensed host care home; and 04 (5) establish a simple and efficient process to allow a foster parent who 05 holds a foster home license issued under AS 47.32 to transition from the foster home 06 license to a host care home license under AS 47.32.033 for the purpose of maintaining 07 the placement of and services provided to an individual who is 08 (A) transitioning out of foster care; 09 (B) enrolled in home and community-based waiver services 10 under AS 47.07.045; and 11 (C) 18 years of age or older. 12 * Sec. 4. AS 47.32.010(b) is amended to read: 13 (b) The following entities are subject to this chapter and regulations adopted 14 under this chapter by the Department of Health: 15 (1) ambulatory surgical centers; 16 (2) assisted living homes; 17 (3) child care facilities; 18 (4) freestanding birth centers; 19 (5) home health agencies; 20 (6) hospices, or agencies providing hospice services or operating 21 hospice programs; 22 (7) hospitals; 23 (8) intermediate care facilities for individuals with an intellectual 24 disability or related condition; 25 (9) maternity homes; 26 (10) nursing facilities; 27 (11) residential child care facilities; 28 (12) residential psychiatric treatment centers; 29 (13) rural health clinics; 30 (14) subacute mental health facilities; 31 (15) host care homes.
01 * Sec. 5. AS 47.32 is amended by adding a new section to read: 02 Sec. 47.32.033. Host care home license. (a) The Department of Health may 03 issue a license to a person under this section and regulations adopted under this section 04 to operate a host care home to provide 24-hour oversight and care on a continuing 05 basis for up to two individuals if each individual is 06 (1) 18 years of age or older; and 07 (2) enrolled in Medicaid home and community-based waiver services 08 under AS 47.07.045. 09 (b) A host care home shall provide care to an individual under this section in 10 accordance with the approved services established in the individual's plan of care, 11 which must identify the specific physical, mental, and social care needs of the 12 individual. 13 (c) The Department of Health may establish standards in regulation that 14 authorize care for up to three individuals based on unusual circumstances, including 15 historical or familial connections of the individuals receiving services. 16 * Sec. 6. AS 47.32.900(2) is amended to read: 17 (2) "assisted living home" 18 (A) means a residential facility that serves three or more adults 19 who are not related to the owner by blood or marriage, or that receives state or 20 federal payment for services regardless of the number of adults served; the 21 Department of Health [DEPARTMENT] shall consider a facility to be an 22 assisted living home if the facility 23 (i) provides housing and food services to its residents; 24 (ii) offers to provide or obtain for its residents 25 assistance with activities of daily living; 26 (iii) offers personal assistance as defined in 27 AS 47.33.990; or 28 (iv) provides or offers any combination of these 29 services; 30 (B) does not include 31 (i) a correctional facility;
01 (ii) an emergency shelter; 02 (iii) a program licensed under AS 47.10.310 for 03 runaway minors; 04 (iv) a type of entity listed in AS 47.32.010(b)(6) - (10), 05 (15), or (c)(2) [AS 47.32.010(b)(6) - (10) OR (c)(2)]; 06 * Sec. 7. AS 47.32.900 is amended by adding a new paragraph to read: 07 (21) "host care home" means a home in which the adult head of 08 household resides and provides 24-hour care on a continuing basis under a license 09 issued under AS 47.32.033 for an individual eligible under AS 47.07.048. 10 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 MEDICAID STATE PLAN. The Department of Health shall submit as necessary for 13 approval by the United States Department of Health and Human Services amendments to the 14 state plan under AS 47.07.040, a section 1915(c) waiver, or a section 1115 demonstration 15 waiver under 42 U.S.C. 1396 - 1396p (Social Security Act) to allow enrolled individuals to 16 receive host home care services under AS 47.07.048, enacted by sec. 3 of this Act, including, 17 if approved as not being a duplicative service, allowing other long-term care services under 42 18 U.S.C. 1396 - 1396p (Title XIX, Social Security Act) while receiving host home care services 19 under AS 47.07.048(c), enacted by sec. 3 of this Act. 20 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 CONDITIONAL EFFECT; NOTIFICATION. (a) Section 3 of this Act takes effect 23 only if, and to the extent that, before July 1, 2027, the United States Department of Health and 24 Human Services approves amendments submitted under sec. 8 of this Act. 25 (b) The commissioner of health shall notify the revisor of statutes in writing within 30 26 days after the United States Department of Health and Human Services approves amendments 27 to the state plan. 28 * Sec. 10. If AS 47.07.048, enacted by sec. 3 of this Act, or a portion of AS 47.07.048, 29 enacted by sec. 3 of this Act, takes effect, it takes effect on the day after the date the revisor of 30 statutes receives notice from the commissioner of health under sec. 9(b) of this Act.