SB 178: "An Act relating to early intervention services for certain children; relating to optional services under the medical assistance program; and providing for an effective date."
00 SENATE BILL NO. 178 01 "An Act relating to early intervention services for certain children; relating to optional 02 services under the medical assistance program; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.07.030(b) is amended to read: 05 (b) In addition to the mandatory services specified in (a) of this section and the 06 services provided under (d) of this section, the department may offer only the 07 following optional services: case management services for traumatic or acquired brain 08 injury; case management and nutrition services for pregnant women; personal care 09 services in a recipient's home; emergency hospital services; long-term care 10 noninstitutional services; medical supplies and equipment; advanced practice 11 registered nurse services; clinic services; rehabilitative services for children eligible 12 for services under AS 47.07.063, substance abusers, and emotionally disturbed or 13 chronically mentally ill adults; targeted case management services; inpatient 14 psychiatric facility services for individuals 65 years of age or older and individuals
01 under 21 years of age; psychologists' services; clinical social workers' services; marital 02 and family therapy services; professional counseling services; midwife services; 03 prescribed drugs; physical therapy; occupational therapy; chiropractic services; low- 04 dose mammography screening, as defined in AS 21.42.375(e); hospice care; treatment 05 of speech, hearing, and language disorders; adult dental and dental hygiene services; 06 prosthetic devices and eyeglasses; optometrists' services; intermediate care facility 07 services, including intermediate care facility services for persons with intellectual and 08 developmental disabilities; skilled nursing facility services for individuals under 21 09 years of age; early intervention services for children eligible under AS 47.20.080; 10 and reasonable transportation to and from the point of medical care. 11 * Sec. 2. AS 47.20.060 is amended to read: 12 Sec. 47.20.060. Purpose. It is the purpose of AS 47.20.060 - 47.20.290 to 13 (1) subject to the availability of funding, provide quality learning and 14 related early intervention family support services to eligible children under the age of 15 three who have developmental delays or disabilities [AND, ON A DISCRETIONARY 16 BASIS, TO THOSE CHILDREN UNDER THE AGE OF THREE WHO ARE AT 17 RISK OF DEVELOPMENTAL DELAYS OR DISABILITIES]; 18 (2) bring together and make optimal use of all available federal, state, 19 local, and private resources for the benefit of children under the age of three with 20 developmental delays or disabilities and their families; 21 (3) expand and improve existing learning and early intervention 22 services and to provide and arrange for comprehensive services through local agencies 23 and statewide support programs. 24 * Sec. 3. AS 47.20.070(c) is amended to read: 25 (c) In connection with the system established under (a) of this section, the 26 department shall 27 (1) develop a state plan that identifies the best methods of providing 28 services to children under the age of three with developmental delays or disabilities 29 and their families and report to the governor on the extent to which that plan is being 30 implemented in the state; 31 (2) develop and implement an educational program concerning the
01 nature and effects of developmental delays and disabilities; 02 (3) serve as a clearinghouse for educational materials and information 03 about developmental delays and disabilities; 04 (4) organize and encourage training programs for persons who provide 05 services to children under the age of three with developmental delays and disabilities 06 and their families; 07 (5) [ESTABLISH A TRAINING PROGRAM FOR 08 PARAPROFESSIONALS WHO PROVIDE SERVICES TO CHILDREN UNDER 09 THE AGE OF THREE WITH DEVELOPMENTAL DELAYS AND DISABILITIES 10 AND THEIR FAMILIES; 11 (6)] cooperate with other public and private agencies and individuals to 12 facilitate the transition of children served in the early intervention system to the formal 13 education system; 14 (6) [(7)] identify and use all public and private resources available to 15 the state; 16 (7) [AND (8)] monitor and evaluate the services provided to ensure the 17 demonstrable effectiveness of the services and compliance with state and federal law 18 and department policy regarding the provision of early intervention services; and 19 (8) at least every five years, in consultation with medical 20 professionals and the state entity that satisfies the requirement for a state 21 interagency coordinating council as provided under 20 U.S.C. 1441, review the 22 conditions that qualify as a disability under AS 47.20.060 - 47.20.290 and, as 23 appropriate, make recommendations to the legislature on updating those 24 conditions. 25 * Sec. 4. AS 47.20.080(a) is amended to read: 26 (a) A child and the child's family are eligible for [CORE] early intervention 27 services [AND ADDITIONAL EARLY INTERVENTION SERVICES] under 28 AS 47.20.060 - 47.20.290 if the child is under the age of three and 29 [(1)] experiencing developmental delay or disability [; OR 30 (2) AT RISK OF EXPERIENCING DEVELOPMENTAL DELAY 31 OR DISABILITY IF EARLY INTERVENTION SERVICES ARE NOT
01 PROVIDED]. 02 * Sec. 5. AS 47.20.100 is amended to read: 03 Sec. 47.20.100. Individualized family service plan. The individualized 04 family service plan developed under AS 47.20.090(b)(2) shall be based on the 05 evaluation conducted under AS 47.20.090(b)(1) and must include [, SUBJECT TO 06 AS 47.20.080(b),] 07 (1) provisions for case management services to implement the plan, 08 including the name of the case manager from the profession most immediately 09 relevant to the child's or family's needs who will be responsible for the implementation 10 of the plan and coordination with other agencies and persons; 11 (2) a statement of the child's present levels of physical development, 12 cognitive development, language and speech development, psychosocial development, 13 and self-help skills, based on appropriate objective criteria; 14 (3) a description of the family's concerns, priorities, and resources as 15 they relate to the future enhancement of the child's development; 16 (4) a description of the specific early intervention services that will 17 help meet the unique needs of the child and the family, including the frequency, 18 intensity, and method with which the services should be delivered; 19 (5) the projected dates for initiation of services and the anticipated 20 duration of the services; 21 (6) an outline of the major outcomes expected to be achieved for the 22 child and the family along with the criteria, procedures, and timelines that will be used 23 to determine the degree to which progress toward achieving the outcomes are being 24 made and whether modifications or revisions of the outcomes or services are 25 necessary; and 26 (7) a statement of the steps that will be taken to support the transition 27 of the child and the family to the use of services available under other appropriate 28 programs, including programs for children who are three years of age or older. 29 * Sec. 6. AS 47.20.290(4) is amended to read: 30 (4) "developmentally delayed" means 31 (A) for services not provided under 20 U.S.C. 1431 - 1445
01 (Individuals with Disabilities in Education Act), as amended, functioning at 02 least 15 percent below a chronological or corrected age or the equivalent [1.5] 03 standard deviation [DEVIATIONS] below age appropriate norms in one or 04 more of the following areas: cognitive development, gross motor development, 05 sensory development, speech or language development, or psychosocial 06 development, including self-help skills and behavior, as measured and verified 07 by appropriate diagnostic instruments and procedures or through systematic 08 observation of functional abilities in a daily routine by two professionals and a 09 parent, developmental history, and appropriate assessment procedures; or 10 (B) for services provided under 20 U.S.C. 1431 - 1445 11 (Individuals with Disabilities in Education Act), as amended, functioning 12 at least 25 percent below a chronological or corrected age or the 13 equivalent standard deviation below age appropriate norms in one of the 14 areas listed in (A) of this paragraph, or at least 20 percent below a 15 chronological or corrected age or the equivalent standard deviation below 16 age appropriate norms in two or more of the areas listed in (A) of this 17 paragraph; 18 * Sec. 7. AS 47.20.290(6) is repealed and reenacted to read: 19 (6) "early intervention services" means the following services designed 20 to help meet the developmental needs of a child under the age of three who is 21 developmentally delayed or disabled: 22 (A) assistive technology devices and services; 23 (B) early identification, screening, and assessment; 24 (C) family training, counseling, and home visits; 25 (D) health services for the child that are necessary to enable the 26 child to benefit from the other services described in this paragraph; 27 (E) medical services only for diagnostic or evaluation purposes; 28 (F) occupational therapy; 29 (G) physical therapy; 30 (H) psychological services; 31 (I) service coordination services;
01 (J) sign language and cued language services; 02 (K) special instruction (developmental therapy); 03 (L) speech-language pathology and audiology services; 04 (M) social work services; 05 (N) transportation and related costs that are necessary to enable 06 the child and the child's family to receive a service described in this paragraph; 07 (O) vision services; and 08 (P) other services identified by the department in regulation. 09 * Sec. 8. AS 47.20.080(b), 47.20.290(1), and 47.20.290(2) are repealed. 10 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 REPORT TO THE LEGISLATURE. By July 1, 2029, the Department of Health shall 13 submit a report to the senate secretary and chief clerk of the house of representatives and 14 notify the legislature that the report is available. The report must include the number of 15 children in the state who need early intervention services, the number of children in the state 16 being provided early intervention services, the types of early intervention services provided in 17 the state, the cost of early intervention services provided in the state, the amount of federal 18 funding received by the state for early intervention services, and recommendations for any 19 additional statutory changes that may be needed to improve and expand early intervention 20 services to eligible children under the age of three who have developmental delays or 21 disabilities. 22 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 MEDICAID STATE PLAN FEDERAL APPROVAL. To the extent necessary to 25 implement this Act, the Department of Health shall amend and submit for federal approval the 26 state plan for medical assistance coverage consistent with AS 47.07.030(b), as amended by 27 sec. 1 of this Act. 28 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 CONDITIONAL EFFECT. (a) Section 1 of this Act takes effect only if, on or before 31 July 1, 2026, the United States Department of Health and Human Services
01 (1) approves the amendments to the state plan for medical assistance coverage 02 under AS 47.07.030; or 03 (2) determines that approval of the amendments to the state plan for medical 04 assistance coverage under AS 47.07.030 is not necessary. 05 (b) The commissioner of health shall notify the revisor of statutes in writing within 30 06 days after the United States Department of Health and Human Services approves the 07 amendments to the state plan or determines that approval is not necessary under this section. 08 * Sec. 12. If sec. 1 of this Act takes effect, it takes effect July 1, 2026. 09 * Sec. 13. Except as provided in sec. 12 of this Act, this Act takes effect July 1, 2026.