00                            SENATE BILL NO. 106                                                                         
01 "An Act relating to home- and community-based services under the medical assistance                                     
02 program; and providing for an effective date."                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 47.07.045 is amended by adding a new subsection to read:                                           
05            (e)  Unless prohibited by federal law, the state shall allow a legally responsible                           
06       person to provide personal care services under this section to a recipient of medical                             
07       assistance under the 1915(k) state plan option under 42 U.S.C. 1396n.                                             
08    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
09 read:                                                                                                                   
10       MEDICAID STATE PLAN FEDERAL APPROVAL. The Department of Health shall                                              
11 amend and submit for federal approval the state plan for medical assistance coverage                                    
12 consistent with AS 47.07.045(e), enacted by sec. 1 of this Act.                                                         
13    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
14 read:                                                                                                                   

01 CONDITIONAL EFFECT; NOTIFICATION. (a) Section 1 of this Act takes effect                                                
02 only if, and only to the extent that, the United States Department of Health and Human                                  
03 Services approves the amendment to the state plan for medical assistance under                                          
04 AS 47.07.045(e), enacted by sec. 1 of this Act.                                                                         
05 (b)  If the United States Department of Health and Human Services approves the                                          
06 amendment to the state plan submitted under sec. 2 of this Act, the commissioner of health                              
07 shall notify the revisor of statutes in writing not later than 30 days after receiving notice of the                    
08 approval.                                                                                                               
09    * Sec. 4. If sec. 1 of this Act takes effect, it takes effect on the 31st day after the date the                   
10 commissioner of health receives notice of approval of the amendment to the state plan from                              
11 the United States Department of Health and Human Services.                                                              
12    * Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect immediately under                        
13 AS 01.10.070(c).