Legislature(2025 - 2026)BUTROVICH 205

01/28/2025 03:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 44 MINORS & PSYCHIATRIC HOSPITALS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ SB 45 MEDICAID MENTAL HEALTH PARITY TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
**Streamed live on AKL.tv**
              SB  45-MEDICAID MENTAL HEALTH PARITY                                                                          
                                                                                                                                
3:31:45 PM                                                                                                                    
CHAIR DUNBAR  announced the consideration  of SENATE BILL  NO. 45                                                               
"An  Act relating  to medical  assistance  services; relating  to                                                               
parity in  mental health and  substance use disorder  coverage in                                                               
the  state  medical  assistance program;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
3:32:42 PM                                                                                                                    
ARIELLE  WIGGIN,  Staff,  Senator Forrest  Dunbar,  Alaska  State                                                               
Legislature,  Juneau,  Alaska,  gave  a  brief  overview  of  the                                                               
sponsor  statement  for SB  45  stating  the legislature  has  an                                                               
opportunity to  increase access  to behavioral  health care  in a                                                               
way  that will  deeply impact  many communities.  She noted  that                                                               
nearly a quarter of Alaska  residents participate in some form of                                                               
Medicaid or  have a family  member who does. She  emphasized that                                                               
the difficulty  of accessing behavioral health  care is affecting                                                               
families, communities, and schools across the state.                                                                            
                                                                                                                                
3:33:01 PM                                                                                                                    
SENATOR TOBIN joined the meeting.                                                                                               
                                                                                                                                
3:33:29 PM                                                                                                                    
MS. WIGGIN paraphrased the sectional analysis for SB 45:                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       SECTIONAL ANALYSIS                                                                                       
              SB 45: MEDICAID MENTAL HEALTH PARITY                                                                              
                                                                                                                                
     Section 1:  The state  must provide equal  coverage and                                                                
     access  to treatment  for behavioral  health issues  as                                                                    
     for other medical conditions. This  is a new subsection                                                                    
     (i)  to   the  state  statute  that   governs  services                                                                    
     provided to Medicaid recipients  (AS 47.7.030). The new                                                                    
     subsection says  the department  of health  must follow                                                                    
     federal  behavioral health  parity statutes,  which are                                                                    
     listed in the bill.                                                                                                        
                                                                                                                                
     Section 2: The commissioner  of health will comply with                                                                
     relevant parts  of the  federal behavioral  health law,                                                                    
     and  investigating complaints  about behavioral  health                                                                    
     coverage  and  checking  on possible  unequal  coverage                                                                    
     including:                                                                                                                 
                                                                                                                                
     1. Reviewing state Medicaid  regulations to ensure they                                                                    
        don't   cause   unequal   coverage   of   behavioral                                                                    
        healthcare. Examples of potential regulations are                                                                       
        listed.                                                                                                                 
     2.   Comparing   how   Medicaid  coverage   works   for                                                                    
        behavioral health  coverage  versus physical  health                                                                    
        coverage. This is  a new  section to  State Medicaid                                                                    
        statute (AS  47.07). The  new  section is  47.07.033                                                                    
        Parity in mental  health and substance  use disorder                                                                    
        benefits.                                                                                                               
                                                                                                                                
     Section  3: Creates  a  new  reporting requirement  for                                                                
     behavioral   health  and   mental  health   parity.  It                                                                    
     instructs the  Department to send  a report by  March 1                                                                    
     each year to the legislature. The report will:                                                                             
                                                                                                                                
     1. Describe their process  for what "medical necessity"                                                                    
        means for both physical and behavioral health                                                                           
        coverage.                                                                                                               
     2. List  the rules  limiting behavioral  healthcare and                                                                    
        physical healthcare, numerical or nonnumerical.                                                                         
     3.  Decide whether  the  criteria,  numerical and  non-                                                                    
        numerical, for behavioral health are comparable to                                                                      
        physical health benefits, and if they are applied                                                                       
        equally. This includes:                                                                                                 
                                                                                                                                
          a. Decisions behind treatment limitations,                                                                            
             including limitations that were rejected.                                                                          
          b. Evidence used to choose treatment limitations.                                                                     
         c. Comparisons between physical and behavioral                                                                         
             health care showing that in practice the                                                                           
             treatment limitations are evenly applied.                                                                          
          d. Share findings that indicate whether the state                                                                     
             Medicaid system is complaint with federal                                                                          
             parity laws.                                                                                                       
                                                                                                                                
     This is  a new subsection  (d) to the section  of state                                                                    
     statute on  reports that the Department  of Health must                                                                    
     periodically give to the legislature (AS 47.07.076)                                                                        
                                                                                                                                
     Section  4:  requires  the Commissioner  of  Health  to                                                                
     submit a  one-time report to  the legislature  by March                                                                    
     1, 2026.  The report  must: 1. Explain  the methodology                                                                    
     used to evaluate if  Alaska's Medicaid program complies                                                                    
     with   federal  behavioral   health   parity  law.   2.                                                                    
     Summarize   market   review    conducted   for   parity                                                                    
     compliance. 3.  Describe any steps taken  to fix issues                                                                    
     or  provide  education  to improve  compliance.  4.  Be                                                                    
     written in  non-technical, plain  language. 5.  Be made                                                                    
     publicly  available online.  This is  a new  section in                                                                    
     the uncodified law.                                                                                                        
                                                                                                                                
     Section 5: requires the Department  of Health to submit                                                                
     any necessary amendments to  the federal government for                                                                    
     approval to update Alaska's  Medicaid program to comply                                                                    
     with  federal  behavioral health  parity  requirements.                                                                    
     This is a new section in the uncodified law.                                                                               
                                                                                                                                
     Section  6:  This  section specifies  that  Sections  1                                                                
     through  4  will  only  take   effect  if  the  federal                                                                    
     Department of  Health and  Human Services  approves the                                                                    
     state's Medicaid plan amendments  by December 31, 2025.                                                                    
     The Commissioner  of Health must notify  the revisor of                                                                    
     statutes within 30 days of receiving federal approval.                                                                     
                                                                                                                                
     Section  7:  If  the federal  government  approves  the                                                                
     Medicaid  plan amendments,  Sections 1  through 4  will                                                                    
     take  effect the  day after  the federal  Department of                                                                    
     Health and Human Services grants approval.                                                                                 
                                                                                                                                
3:35:46 PM                                                                                                                    
CHAIR DUNBAR [opened invited testimony on SB 45.]                                                                               
                                                                                                                                
3:36:23 PM                                                                                                                    
LANCE JOHNSON, Chief Operating  Officer, Alaska Behavioral Health                                                               
Association, Eagle  River, Alaska, testified by  invitation on SB
45. He introduced himself.                                                                                                      
                                                                                                                                
3:36:45 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
3:37:53 PM                                                                                                                    
CHAIR DUNBAR reconvened the meeting on SB 45.                                                                                   
                                                                                                                                
3:38:09 PM                                                                                                                    
MR.  JOHNSON  said  that  over  the last  couple  of  years,  the                                                               
[legislature]   has   discussed    parity,   and   he   expressed                                                               
appreciation for the  opportunity to revisit the  issue. He noted                                                               
that several  individuals were on  the phone to  offer testimony,                                                               
including Dustin Larna,  who was expected to  join the conference                                                               
call.  He  also  introduced  John  Solomon,  CEO  of  the  Alaska                                                               
Behavioral Health Association. For  the record, he clarified that                                                               
although  he  was  introduced  as   the  Vice  President  of  the                                                               
association, he  is actually the  Chief Operating  Officer (COO).                                                               
He then invited John Solomon to introduce himself.                                                                              
                                                                                                                                
3:38:54 PM                                                                                                                    
JOHN SOLOMON,  Chief Executive Officer, Alaska  Behavioral Health                                                               
Association, Eagle  River, Alaska, testified by  invitation on SB
45.  He  provided  background on  the  Alaska  Behavioral  Health                                                               
Association,   stating    that   the    organization   represents                                                               
approximately 109 member organizations  across the state, most of                                                               
which are  direct service providers  and primarily  involved with                                                               
Medicaid. He shared that he  is a licensed professional counselor                                                               
and  previously   worked  as  a  quality   assurance  supervisor,                                                               
training clinicians on regulations,  and later served as Director                                                               
of Behavioral  Health at Maniilaq  in Kotzebue. He added  that he                                                               
is also  a person in long-term  recovery, giving him a  broad and                                                               
varied   perspective   on   behavioral  health.   He   said   the                                                               
presentation would  take a basic  look at  what parity is  and is                                                               
not.                                                                                                                            
                                                                                                                                
3:40:45 PM                                                                                                                    
MR. SOLOMON  moved to slide  2, What  is Parity, and  shared that                                                               
parity  ensures that  behavioral  health treatment  has the  same                                                               
access and coverage  as medical and surgical  treatments. He said                                                               
parity becomes  more complex  because behavioral  health services                                                               
occur  in   various  settings,  including   hospitals,  Federally                                                               
Qualified  Health  Centers   (FQHCs),  and  community  behavioral                                                               
health settings.  He explained that the  legislation specifically                                                               
focuses  on behavioral  health  services  delivered in  community                                                               
settings.                                                                                                                       
                                                                                                                                
3:41:18 PM                                                                                                                    
MR. SOLOMON moved  to slide 3, What It Isn't,  and explained that                                                               
parity  legislation  does  not   limit  the  state's  ability  to                                                               
regulate or  manage the  Medicaid program.  Instead, it  asks the                                                               
state  to  analyze  how it  manages  behavioral  health  services                                                               
compared to how  it manages medical services  within Medicaid. He                                                               
emphasized  that  the  legislation  does  not  remove  oversight,                                                               
accreditation  standards,  or   change  clinical  practices.  Any                                                               
changes  to  work processes  would  aim  to align  standards  and                                                               
improve consistency. He  stated that the primary goal  is to help                                                               
the  state identify  and  remove barriers  to  care through  this                                                               
analysis.                                                                                                                       
                                                                                                                                
3:42:10 PM                                                                                                                    
MR. SOLOMON  moved to slide 4,  What Do We Mean  by Barriers, and                                                               
said that  many barriers to  care in community  behavioral health                                                               
stem from  outdated regulations  rooted in  the earlier  model of                                                               
grant-based  care. Before  behavioral  health  services could  be                                                               
billed  to  Medicaid,  care  was  guided  by  prescriptive  grant                                                               
language that has  not kept up with the  shift to evidence-based,                                                               
clinically driven  treatment. He  noted that  required paperwork,                                                               
oversight, and  documentation standards  often do not  align with                                                               
current  clinical  practices  or  decision-making  in  behavioral                                                               
health.                                                                                                                         
                                                                                                                                
MR. SOLOMON  referred to a  concept in parity  legislation called                                                               
non-quantitative  treatment  limitations  restrictions  that  are                                                               
not  based  on a  set  number  of  services but  instead  include                                                               
administrative  or regulatory  hurdles. He  explained that  these                                                               
limitations  often make  it more  difficult  to access  community                                                               
behavioral health  care compared to  community health care.  At a                                                               
high  level,  he said,  this  stems  from lingering  stigma  that                                                               
requires behavioral  health providers to justify  their decisions                                                               
more rigorously than other health professionals.                                                                                
                                                                                                                                
MR. SOLOMON emphasized  that the goal is not  to abandon clinical                                                               
best  practices  but  to better  align  regulations  with  actual                                                               
clinical  practice, provider  scope, and  licensure requirements.                                                               
He  noted that  Alaska has  been  flagged in  a federal  "warning                                                               
signs" document for specific Medicaid  practices and said the aim                                                               
of the  legislation is to give  the state the ability  to develop                                                               
tools,   regulate  appropriately,   and   report   back  to   the                                                               
legislature on its progress.                                                                                                    
                                                                                                                                
3:44:30 PM                                                                                                                    
MR. SOLOMON  moved to slide 6,  Physical Health, and said  he did                                                               
not want  to overly simplify  the issue but wanted  to illustrate                                                               
how current regulations  affect a client walking in  the door for                                                               
behavioral  health  services.  He  explained that  in  a  typical                                                               
physical health  setting, such  as a  community health  center or                                                               
Federally  Qualified Health  Center (FQHC),  a patient  can often                                                               
receive  multiple services  in a  single visit.  For example,  if                                                               
someone arrives with  a hurt elbow, they can  complete an intake,                                                               
receive  a   brief  assessment,  potentially   receive  immediate                                                               
treatment, and  begin developing a  plan for ongoing  careall  in                                                               
one appointment.  In contrast, at  a community  behavioral health                                                               
centersometimes  located  just across the  street or in  the same                                                               
buildingthe   process   is  far   more  rigid  due   to  existing                                                               
regulations.   Clients  must   first  complete   an  intake   and                                                               
screening, followed  by a  full biopsychosocial  assessment. That                                                               
assessment informs  the treatment  plan, which  is a  90-day plan                                                               
and  includes   specific  signature  requirements   depending  on                                                               
whether  the client  is a  minor or  an adult.  This may  involve                                                               
obtaining  signatures  from  guardians or  school  personnel.  He                                                               
emphasized  that  only after  completing  all  these steps  is  a                                                               
client  finally able  to begin  receiving treatment.  He said  it                                                               
often takes four appointments to get to treatment.                                                                              
                                                                                                                                
3:45:21 PM                                                                                                                    
MR.  SOLOMON moved  to  slide 6,  Behavioral  Health    Community                                                               
Behavioral Health  Centers, and  said he did  not want  to overly                                                               
simplify  the   issue  but  wanted  to   illustrate  how  current                                                               
regulations affect  a client walking  in the door  for behavioral                                                               
health services. He  explained that in a  typical physical health                                                               
setting,  such   as  a  community  health   center  or  Federally                                                               
Qualified  Health  Center (FQHC),  a  patient  can often  receive                                                               
multiple  services in  a single  visit. For  example, if  someone                                                               
arrives with a  hurt elbow, they can complete  an intake, receive                                                               
a brief assessment, potentially  receive immediate treatment, and                                                               
begin developing a plan for ongoing careall in one appointment.                                                                 
In contrast,  at a  community behavioral  health centersometimes                                                                
located  just  across the  street  or  in the  same  buildingthe                                                                
process is  far more rigid  due to existing  regulations. Clients                                                               
must first complete  an intake and screening, followed  by a full                                                               
biopsychosocial   assessment.   That   assessment   informs   the                                                               
treatment  plan, which  is a  90-day plan  and includes  specific                                                               
signature  requirements  depending on  whether  the  client is  a                                                               
minor or  an adult.  This may  involve obtaining  signatures from                                                               
guardians  or school  personnel.  He emphasized  that only  after                                                               
completing  all these  steps is  a client  finally able  to begin                                                               
receiving treatment.                                                                                                            
                                                                                                                                
3:47:39 PM                                                                                                                    
MR.  JOHNSON  illustrated  the   contrast  between  physical  and                                                               
behavioral health  care by stating  that, for many people,  it is                                                               
easier  to go  to  the  emergency room  to  receive help  because                                                               
accessing  behavioral health  services  is too  difficult due  to                                                               
regulatory barriers. He  shared a real-world example  from his 11                                                               
and a  half years  as Behavioral Health  Services Director  at an                                                               
agency in Nome.  During that time, a psychiatrist  working on the                                                               
community  behavioral  health  side   was  subject  to  the  same                                                               
documentation requirements  as a master's level  clinicianand  in                                                               
some   cases,  a   behavioral  health   aidedue   to   regulatory                                                               
standards. To  improve access the  psychiatrist was moved  to the                                                               
medical side of  the clinic, where patients could  be seen almost                                                               
immediately   and    where   documentation    requirements   were                                                               
significantly less burdensome. This  shift allowed more people to                                                               
access  care  efficiently  compared   to  the  heavily  regulated                                                               
community behavioral health side.                                                                                               
                                                                                                                                
MR. JOHNSON  also shared his personal  experience with depression                                                               
and anxiety. He noted that he  sees a psychiatrist on the medical                                                               
side  for medication  management, bypassing  community behavioral                                                               
health  services  because  of the  very  barriers  he  described.                                                               
However, he  acknowledged that  this setup  limits access  to the                                                               
talk therapy he needs, which  is only available on the behavioral                                                               
health side.  This results in  two different  providers operating                                                               
under two  different systems, creating a  confusing and difficult                                                               
experience for clients trying to navigate care.                                                                                 
                                                                                                                                
3:50:06 PM                                                                                                                    
MR. JOHNSON  moved to slide  6, Behind the Scenes,  and discussed                                                               
the   challenges  behavioral   health  providers   face  on   the                                                               
administrative side, particularly  around Medicaid enrollment. He                                                               
stated  that  enrolling  in  Medicaid  for  community  behavioral                                                               
health services is a convoluted  process involving numerous hoops                                                               
and  various   provider  types  that   must  be   considered.  He                                                               
contrasted this with the medical  and surgical side, where claims                                                               
adjudication  is often  more straightforward.  He explained  that                                                               
for behavioral  health services, especially in  agencies offering                                                               
both medical  and behavioral care,  the systems are  so different                                                               
that it becomes burdensome to operate under both.                                                                               
                                                                                                                                
MR. JOHNSON noted  that because of the  documentation demands, he                                                               
could  not  allocate   too  much  of  the   clinicians'  time  to                                                               
administrative work.  To manage the state's  required data entry,                                                               
he had to hire three  full-time administrative staff, which meant                                                               
reducing clinical  resources. This need to  balance documentation                                                               
standards  with  client   care  created  significant  operational                                                               
strain. He further  explained that providers operating  as both a                                                               
Federally  Qualified   Health  Center  (FQHC)  and   a  community                                                               
behavioral health  services provider  must navigate  two distinct                                                               
systems of  care. In  addition to  Medicaid complexity,  he cited                                                               
other  behind-the-scenes  challenges,  such  as  state  reporting                                                               
requirements  and mandatory  accreditation for  behavioral health                                                               
providersan   unfunded mandate  that can  be both  time-consuming                                                               
and costly.                                                                                                                     
                                                                                                                                
3:51:35 PM                                                                                                                    
MR. JOHNSON shared  that during his last  accreditation survey in                                                               
Nome, he worked  31 consecutive days to prepare,  noting that the                                                               
process  was even  more  complicated due  to  COVID-19. While  he                                                               
acknowledged  that  accreditation strengthened  the  organization                                                               
and  is valuable,  he emphasized  that it  adds another  layer of                                                               
difficulty to delivering clinical services effectively.                                                                         
                                                                                                                                
3:52:21 PM                                                                                                                    
MR.  JOHNSON moved  to slides  8-10,  Matrix of  Non-Quantitative                                                               
Treatment Limitations  (AKA   Admin  Burden), and  explained that                                                               
the  red  column  represents  the  regulatory  and  documentation                                                               
requirements for community behavioral  health services, while the                                                               
green  columns  represent  requirements for  Federally  Qualified                                                               
Health Centers (FQHCs) and health  professional groups (HPGs). He                                                               
noted  that  although  this comparison  was  created  before  the                                                               
state's  transition  to  Optum   as  the  Medicaid  managed  care                                                               
contractor, much of the information remains accurate.                                                                           
                                                                                                                                
MR. JOHNSON  emphasized the  significant disparity  in regulatory                                                               
burden, pointing  out that  the red  column is  noticeably longer                                                               
than  the  green  columns, illustrating  the  greater  number  of                                                               
requirements  imposed on  community behavioral  health providers.                                                               
He   stated  that   behavioral  health   providers  must   review                                                               
approximately  117 pages  of service  manuals  for 1115  Medicaid                                                               
waiver  services, along  with the  corresponding regulations,  to                                                               
ensure  compliance   with  both  implementation   guidelines  and                                                               
documentation  standards.  In  contrast, he  explained  that  the                                                               
medical and  surgical side  operates under a  far simpler  set of                                                               
documentation  rules.  For  example, regulation  7  AAC  105.230,                                                               
which applies  to medical providers, is  only about a page  and a                                                               
half  long. While  behavioral health  providers  can also  follow                                                               
that regulation, they are additionally  subject to a more complex                                                               
set  of   rules  under  Chapter   135,  which   outlines  further                                                               
documentation obligations.                                                                                                      
                                                                                                                                
MR. JOHNSON concluded by saying  that this layered and compounded                                                               
regulatory  structure creates  administrative burdens  that serve                                                               
as  barriers to  care,  diverting time  and  resources away  from                                                               
clinical service delivery.                                                                                                      
                                                                                                                                
3:53:47 PM                                                                                                                    
MR.  JOHNSON moved  to slide  11, Ensuring  Access, Why  Now, and                                                               
said that the  federal Mental Health Parity  and Addiction Equity                                                               
Act  of  2008  outlined  several  standards  meant  to  eliminate                                                               
barriers  to behavioral  health care,  particularly through  what                                                               
are called non-quantitative treatment  limitations. He noted that                                                               
Mr.  Solomon   had  previously  mentioned  this   concept,  which                                                               
includes practices  like time-based  treatment plans  and service                                                               
authorizationsboth  of which the  law discourages because they do                                                               
not enhance care and often act as access barriers.                                                                              
                                                                                                                                
3:54:23 PM                                                                                                                    
MR.  JOHNSON  explained  that   service  authorizations  are  not                                                               
clinically necessary and do not  provide clinical value; they are                                                               
mainly used to  check for fraud or waste. He  commended the state                                                               
for removing  the requirement  for service  authorizations during                                                               
COVID and praised  the Division for continuing to  limit them for                                                               
most  services. Time-based  treatment plans,  he said,  also lack                                                               
clinical   relevance.  While   treatment  plans   themselves  are                                                               
importantsimilar   to care  plans on  the medical  sidemandating                                                                
them  at fixed  intervals (e.g.,  every 90  days) does  not align                                                               
with  clinical  needs.  He  noted   that  many  providers  update                                                               
treatment plans at each visit  anyway, but under regulation, they                                                               
are forced  to meet rigid  timeframes. If a client  cannot return                                                               
in  timefor    example,  due  to   being  away   for  subsistence                                                               
activitiesthe   provider may  miss the  window, resulting  in the                                                               
inability  to  bill  for   services  provided,  which  ultimately                                                               
reduces care availability.                                                                                                      
                                                                                                                                
3:55:45 PM                                                                                                                    
MR.  JOHNSON  emphasized  that Alaska  is  not  pioneering  these                                                               
efforts; other  fee-for-service states like Wyoming,  New Mexico,                                                               
and Maine  have already aligned  their Medicaid systems  with the                                                               
federal  parity law.  He pointed  out  that while  Alaska is  not                                                               
federally required  to comply  due to  its payment  structure, it                                                               
can choose  to align  its Medicaid  regulations with  the federal                                                               
parity  standards.  He  explained  that  this  effort  builds  on                                                               
momentum  from  last  year,  when   a  parity  resolution  passed                                                               
encouraging the  state to pursue  parity reforms. The  reason for                                                               
introducing a  bill now, he  said, is twofold. First,  the Alaska                                                               
Behavioral Health  Association has a strong  working relationship                                                               
with  the Department  of Health  and the  Division of  Behavioral                                                               
Health, and both  sides acknowledge the need for  change after 25                                                               
to 30 years of stagnation.  Second, he stressed the importance of                                                               
codifying progress in legislation  so that it outlasts individual                                                               
administrators and political transitions,  preventing the loss of                                                               
progress if  leadership changes. He said  the legislation ensures                                                               
the work continues even after  those currently serving have moved                                                               
on,   supporting   long-term   structural  reform   in   Alaska's                                                               
behavioral health system.                                                                                                       
                                                                                                                                
3:57:52 PM                                                                                                                    
MR. JOHNSON  moved to  slide 12,  Real World  Outcomes, Efficient                                                               
Accessible the  Alaska Solution, and  said that in the  long run,                                                               
achieving parity  and improving  access to services  would reduce                                                               
administrative burdens and decrease  reliance on emergency rooms,                                                               
which  are   costly  and  not  well-suited   to  addressing  many                                                               
behavioral  health  issues.  He  highlighted the  impact  on  the                                                               
correctional system,  citing data  from the Norton  Sound region.                                                               
Three  years  ago,  95  percent  of  individuals  entering  Anvil                                                               
Mountain  Correctional Center  were  incarcerated for  substance-                                                               
related violationsa figure based on data, not anecdote.                                                                         
                                                                                                                                
MR. JOHNSON  noted the facility cost  $141 per day per  bed, with                                                               
128 beds, totaling  $6.6 million in annual costs.  At 95 percent,                                                               
roughly $6.3 million of that  amount was spent on individuals who                                                               
were not receiving the treatment  they needed. He emphasized that                                                               
people struggling  with substance  use often  have only  a narrow                                                               
window of  willingness to enter  treatment, and delays  can cause                                                               
that  opportunity to  be lost.  He concluded  by stating  that if                                                               
people are diverted into  treatment sooner, significant resources                                                               
across the system could be freed up.                                                                                            
                                                                                                                                
3:59:13 PM                                                                                                                    
MR. SOLOMON moved to slide  13, Components of Parity Legislation,                                                               
said SB 45  allows the state to ensure  compliance with standards                                                               
and to make decisions based  on medical necessity and appropriate                                                               
oversight as it  relates to medical care. He stated  that this is                                                               
the goal  of the  legislation. He  expressed appreciation  to the                                                               
sponsor for bringing  the bill forward and offered  to answer any                                                               
questions.                                                                                                                      
                                                                                                                                
4:00:05 PM                                                                                                                    
CHAIR DUNBAR  stated that the  ultimate goal  of SB 45  is simple                                                               
but the implementation is challenging.                                                                                          
                                                                                                                                
4:00:49 PM                                                                                                                    
CHRIS  CONSTANT, Chair,  Anchorage  Assembly, Anchorage,  Alaska,                                                               
testified by invitation  on SB 45. He  introduced himself stating                                                               
his extensive  experience with behavioral health  care in Alaska,                                                               
including Akeela. He  stated that Akeela has  been providing care                                                               
for the past 50 years and  clarified for the record that while he                                                               
is speaking  on behalf of  the Assembly, he would  be referencing                                                               
his professional experience with Akeela.                                                                                        
                                                                                                                                
MR. CONSTANT expressed strong support  for SB 45, stating that it                                                               
would ensure  mental health and  substance use  disorder benefits                                                               
under Medicaid  are treated  with the  same fairness  as physical                                                               
health  benefits.   He  illustrated  the  real-world   impact  by                                                               
describing  Akeela's Stepping  Stones  program  for pregnant  and                                                               
parenting  women with  young children,  where mothers  can remain                                                               
with their  children during residential  treatment. Historically,                                                               
treatment  in this  program could  last six  to eighteen  months.                                                               
However, under  the managed care model,  participants are limited                                                               
to   90-day   service   authorizations,  which   he   argued   is                                                               
insufficient for stabilization, treatment, and lasting recovery.                                                                
                                                                                                                                
4:02:33 PM                                                                                                                    
MR. CONSTANT described the extensive  intake process mothers must                                                               
complete  and  emphasized  the   difficulty  of  expecting  them,                                                               
especially  those  dealing  with  opioid  addiction,  to  achieve                                                               
lasting change  within 90 days. He  said this harms not  just the                                                               
mother,  but also  the child  and the  community. He  praised the                                                               
1115  Medicaid waiver  for expanding  provider participation  and                                                               
increasing access  to services  but noted  that the  waiver alone                                                               
does  not  guarantee  equitable  treatment  across  physical  and                                                               
behavioral health  care. SB  45, he argued,  is a  necessary next                                                               
step in  creating a truly comprehensive  and equitable behavioral                                                               
health system.                                                                                                                  
                                                                                                                                
MR.   CONSTANT   noted   that  SB   45   would   help   eliminate                                                               
discriminatory barriers  and ensure  that behavioral  health care                                                               
receives  the same  priority as  physical health  care. It  would                                                               
improve  mental health  outcomes across  the state  by increasing                                                               
access and reducing the number  of people turned away. He pointed                                                               
out  that  in  Anchorage,  the most  common  "waiting  room"  for                                                               
behavioral  health  servicesbesides   jailsis   the  streets  and                                                               
parks, underscoring the urgency of the crisis.                                                                                  
4:05:21 PM                                                                                                                    
MR.  CONSTANT recalled  his early  career  experience during  the                                                               
2015  "summer  of  spice,"  when   people  were  cycling  between                                                               
shelters and hospitals  multiple times a day,  and drew parallels                                                               
to the underinvestment in  community-based supports that followed                                                               
the  construction  of  the Alaska  Psychiatric  Institute  (API).                                                               
While  the hospital  was successfully  established, he  said, the                                                               
promised  expansion of  community  support  services never  fully                                                               
materialized.  He  stated that  SB  45,  combined with  the  1115                                                               
waiver, brings the state closer to fulfilling that promise.                                                                     
                                                                                                                                
MR.  CONSTANT  emphasized  the  importance  of  reducing  stigma,                                                               
explaining  that the  complexity  of  accessing servicessuch   as                                                               
requiring  four  appointments  just  to  begin  treatmentcan   be                                                               
overwhelming, especially  for those new  to the system.  He cited                                                               
Akeela's  recent   effort  to  offer   "after-hours  assessments"                                                               
through  opioid mitigation  funding as  an example  of trying  to                                                               
meet  people  where  they  are, noting  that  no  other  provider                                                               
currently offers assessments after 5 p.m. or on weekends.                                                                       
                                                                                                                                
4:07:27 PM                                                                                                                    
MR.  CONSTANT  said  SB  45   would  also  benefit  providers  by                                                               
streamlining  oversight   and  compliance,   reducing  burdensome                                                               
administrative  requirements,  and   preventing  situations  like                                                               
those under  the Xerox  billing system, when  Akeela had  to take                                                               
out a  $1 million line  of credit  to stay operational.  He noted                                                               
that aligning behavioral health  regulations with those governing                                                               
physical    health   care    would    improve   efficiency    and                                                               
accountability.                                                                                                                 
                                                                                                                                
MR.  CONSTANT added  that SB  45  would also  help grow  Alaska's                                                               
behavioral  health  workforce   by  reducing  the  administrative                                                               
burden  that drives  away  clinical  professionals. He  explained                                                               
that current  staffing challenges are not  about lacking physical                                                               
space or beds, but about lacking professionals to operate them.                                                                 
He spoke  to the  bill's benefits  for local  governments, saying                                                               
untreated  behavioral health  needs place  significant strain  on                                                               
public  systems,  including  emergency  response,  shelters,  and                                                               
jails. SB 45, by ensuring  timely access to treatment, would help                                                               
reduce those pressures and generate long-term cost savings.                                                                     
                                                                                                                                
MR. CONSTANT concluded  by saying the bill  would position Alaska                                                               
to  align  with  federal   parity  laws,  potentially  increasing                                                               
federal  funding  and  improving  transparency  in  how  Medicaid                                                               
dollars are  spent. He urged  the passage  of SB 45,  noting that                                                               
while  there may  be differences  between the  administration and                                                               
legislature,   collaboration  and   thoughtful   review  of   the                                                               
regulations can  improve the  outcome. He stated  that the  SB 45                                                               
will make Alaska's streets safer  and improve quality of life for                                                               
all residents.                                                                                                                  
                                                                                                                                
4:13:11 PM                                                                                                                    
DUSTIN LARNA,  Chief Executive  Officer, Residential  Youth Care,                                                               
Ketchikan, Alaska,  testified by invitation  on SB 45.  He voiced                                                               
clear support  for SB 45  and shared his background  in providing                                                               
children's behavioral  health services  in Ketchikan for  over 20                                                               
years, working  with youth  and families  from across  Alaska. He                                                               
noted   his   experience   with  multiple   administrations   and                                                               
initiatives,  such as  Bring the  Kids Home,  aimed at  improving                                                               
behavioral health care.  He stated his belief that SB  45 has the                                                               
potential to  make a greater  impact on behavioral  health access                                                               
and services than anything he has previously been involved in.                                                                  
                                                                                                                                
4:14:43 PM                                                                                                                    
MR.  LARNA  emphasized  the   importance  of  evaluating  parity,                                                               
describing current regulations  as outdated and rooted  in a time                                                               
when mental  health and substance  use services  were stigmatized                                                               
and  often viewed  as ineffective.  He said  many of  these rules                                                               
were developed during  an era when people were  reluctant to seek                                                               
help  and  mental   health  was  not  part  of   an  open  public                                                               
conversation.  While  incremental  updates  have  been  made,  he                                                               
argued  that  the current  approach  has  not been  effective  in                                                               
producing meaningful change.                                                                                                    
                                                                                                                                
4:15:45 PM                                                                                                                    
MR. LARNA stated that SB  45 presents an opportunity to reexamine                                                               
the  foundational  regulations,   asking  whether  certain  rules                                                               
actually contribute to  the delivery of quality  care. This would                                                               
help uncover  non-quantitative treatment limitations  that hinder                                                               
access  and  effectiveness.  He  provided  an  example  from  his                                                               
experience:   the   extensive  documentation   requirements   for                                                               
providing behavioral  health services  to youth and  families. He                                                               
explained  that   these  burdensome   requirements  significantly                                                               
increase  costs, discourage  providers  from accepting  Medicaid,                                                               
and in some cases, reduce service quality.                                                                                      
                                                                                                                                
4:17:31 PM                                                                                                                    
MR. LARNA focused in particular  on treatment plans, calling them                                                               
a  long-standing  concern.  He explained  that  current  Medicaid                                                               
rules require  treatment plans  to include  detailed information                                                                
such  as every  specific service  to be  provided, the  number of                                                               
units, and  billing codesoften  resulting  in documents up  to 15                                                               
pages long.  He said such plans  are not meaningful to  youth and                                                               
families,  who are  asked  to  sign off  on  them,  and that  the                                                               
documents primarily  serve as compliance tools  for audits rather                                                               
than communication tools for care.                                                                                              
                                                                                                                                
4:18:50 PM                                                                                                                    
MR. LARNA further  pointed to the low number  of private practice                                                               
behavioral  health  providers  who  accept  Medicaid  in  Alaska                                                                
reportedly just  eight out of  more than 300  licensed providers.                                                               
He called  this alarming, particularly  given the  known shortage                                                               
of behavioral  health services  in the  state. He  attributed the                                                               
lack  of Medicaid  participation to  low reimbursement  rates and                                                               
administrative   burdens,   including  enrollment   and   billing                                                               
processes. He concluded  by saying this disconnect  in the system                                                               
reflects  serious  structural  problems   that  SB  45  seeks  to                                                               
address.                                                                                                                        
                                                                                                                                
4:20:11 PM                                                                                                                    
SENATOR GIESSEL said she would  like to verify the last statistic                                                               
that was mentioned.                                                                                                             
                                                                                                                                
4:20:25 PM                                                                                                                    
TRACY  DOMPELING,   Director,  Division  of   Behavioral  Health,                                                               
Department of  Health, Juneau, Alaska,  answered questions  on SB
45.  She said  she was  unsure of  the accuracy  of the  specific                                                               
statistic mentioned but stated that  her office could provide the                                                               
committee  with   the  number  of  behavioral   health  providers                                                               
currently  operating in  Alaska. She  acknowledged that  Medicaid                                                               
reimbursement  rates  are indeed  lower  than  what most  private                                                               
organizations receive  for comparable services, and  that this is                                                               
a barrier to provider participation.  She added that simply being                                                               
a  Medicaid provider  exposes  individuals  and organizations  to                                                               
potential  audits, and  noted  that providers  face  the risk  of                                                               
having funds  "clawed back"  if inaccuracies  are later  found in                                                               
claims. These challenges, she  stated, are particularly difficult                                                               
for private providers, though not unique to Alaska.                                                                             
                                                                                                                                
4:21:22 PM                                                                                                                    
SENATOR GIESSEL said the state  is undergoing [Medicaid] rebasing                                                               
and asked  how close the  process it  to completion and  when the                                                               
new fee and reimbursement schedules will be established.                                                                        
                                                                                                                                
4:21:34 PM                                                                                                                    
MS.  DOMPELING  said that  within  the  next  month or  two,  the                                                               
department  expects   to  have  updated  numbers   available  for                                                               
behavioral health,  which can then  be shared with  providers and                                                               
reviewed  internally. She  noted that  the original  goal was  to                                                               
have those  numbers ready before  the legislative  session began.                                                               
However, feedback  from the Alaska Behavioral  Health Association                                                               
indicated that the  surveys and other data  collection tools sent                                                               
to  providers  were lengthy  and  detailed,  and providers  faced                                                               
competing  priorities at  the time.  Because  of this,  providers                                                               
requested  additional  time  to  complete  the  information.  She                                                               
explained  that although  the department  had hoped  to use  that                                                               
data earlier to build momentum  during the session, it ultimately                                                               
chose  to  prioritize  supporting   providers  and  ensuring  the                                                               
collection of comprehensive information  for the rate methodology                                                               
review.                                                                                                                         
                                                                                                                                
4:22:36 PM                                                                                                                    
SENATOR  GIESSEL asked  if  the [Department  of  Health] said  it                                                               
could  provide  the  committee   with  the  number  of  available                                                               
clinicians.                                                                                                                     
                                                                                                                                
MS.  DOMPELING replied  she could  share with  the committee  the                                                               
number   of  behavioral   health  Medicaid   providers  currently                                                               
enrolled.                                                                                                                       
                                                                                                                                
4:22:53 PM                                                                                                                    
SENATOR GIESSEL  asked whether  it would  be possible  to provide                                                               
the  number  of  behavioral  health   providers  broken  down  by                                                               
category,  such  as  clinical  counselors,  social  workers,  and                                                               
advanced practitioners.                                                                                                         
                                                                                                                                
4:23:02 PM                                                                                                                    
MS. DOMPELING responded  yes, and noted that  the breakdown could                                                               
likely  go  even  further  due  to  the  structure  of  the  1115                                                               
demonstration waiver. She explained  that in addition to clinical                                                               
counselors,  social  workers,  and  advanced  practitioners,  the                                                               
provider  categories  also  include  behavioral  health  clinical                                                               
associates  and  individuals  certified   and  enrolled  as  peer                                                               
support  specialists.  She  confirmed  that  the  department  can                                                               
provide a detailed breakdown across these categories.                                                                           
                                                                                                                                
4:23:40 PM                                                                                                                    
MR.  LARNA said  the current  administration has  been supportive                                                               
but  emphasized  the  importance   of  moving  forward  with  the                                                               
legislation. He stated that SB  45 provides a necessary framework                                                               
to ensure the effort continues  beyond the current administration                                                               
and through future leadership transitions.                                                                                      
                                                                                                                                
4:24:23 PM                                                                                                                    
SENATOR HUGHES said  the topic is both compelling  and timely but                                                               
expressed concern  that the issue  has been left  unaddressed for                                                               
so long, noting  that federal parity laws have been  in place for                                                               
17  years. She  found  it striking  that the  state  is only  now                                                               
confronting  noncompliance   and  acknowledged  that   there  are                                                               
systemic   problems  with   reimbursement  and   processing.  She                                                               
mentioned hearing from the medical  side earlier in the day about                                                               
unresolved  reimbursement   issues  dating   back  to   2022  and                                                               
emphasized that, while this legislation  is not a cure-all, it is                                                               
a   necessary  stepespecially    given  the   urgency  of   youth                                                               
behavioral health needs.                                                                                                        
                                                                                                                                
4:25:11 PM                                                                                                                    
SENATOR  HUGHES   acknowledged  and  appreciated   the  sponsor's                                                               
efforts  but   pointed  out  that   SB  45   essentially  directs                                                               
compliance with  a federal  law that has  already been  in effect                                                               
for nearly  two decades. She  summarized the  bill's requirements                                                               
as mandating a one-time report,  followed by annual reports, with                                                               
reviews  of existing  regulations and  the need  to seek  changes                                                               
through the state  Medicaid plan. She asked  the director whether                                                               
this bill is truly necessary to  solve the problem or whether the                                                               
department   could  haveand    should   havebeen   making   these                                                               
adjustments over the past 17 years.                                                                                             
                                                                                                                                
SENATOR HUGHES also raised concerns  about the fiscal note, which                                                               
includes  an annual  cost of  approximately  $325,000 to  support                                                               
assessments  and reporting.  She questioned  whether this  amount                                                               
would be  sufficient in the  first year, given that  the one-time                                                               
report also  includes a more  comprehensive market  analysis. She                                                               
asked whether  additional resources might be  required initially,                                                               
since  the  first  report  involves more  work  than  the  annual                                                               
reports that follow.                                                                                                            
                                                                                                                                
4:26:43 PM                                                                                                                    
MS.  DOMPELING responded  that the  key question  is whether  the                                                               
legislation is  necessary to  do the  work, and  she acknowledged                                                               
that, technically, it  is not. However, she  said she understands                                                               
the  concerns   raised  by  providersnamely,   that   while  she,                                                               
Commissioner  Hedberg,  and  Deputy Commissioner  Ricci  are  all                                                               
currently  committed to  this issue,  leadership could  look very                                                               
different  in two  years.  For that  reason,  she recognized  the                                                               
desire to  codify the Department's obligation  to evaluate parity                                                               
through statute. She  explained that part of  the complexity lies                                                               
in  the federal  parity  regulations being  based  on a  Medicaid                                                               
managed  care  organization  structure, whereas  Alaska  operates                                                               
under a  fee-for-service Medicaid model. This  creates challenges                                                               
in  applying the  federal parity  framework directly,  especially                                                               
when attempting  to go line by  line, since not all  elements are                                                               
comparable between the two systems.  She said the chair has asked                                                               
the Department to work closely  with the Alaska Behavioral Health                                                               
Association to  identify priorities and to  thoroughly review the                                                               
regulations.  The  goal is  to  pinpoint  areas where  amendments                                                               
could  strengthen   and  formalize  the  state's   commitment  to                                                               
continuing this work, both now and in the future.                                                                               
                                                                                                                                
4:28:38 PM                                                                                                                    
SENATOR  HUGHES  asked whether  the  $325,000  allocated for  the                                                               
annual  reports  is  sufficient  to  cover  the  additional  work                                                               
required for the one-time report.                                                                                               
                                                                                                                                
MS.  DOMPELING  said that  at  this  point, the  department  does                                                               
consider the current funding sufficient.  She explained that they                                                               
reached out  to two contractors who  assist with Medicaid-related                                                               
activitiesone  provided a  lower estimate and the  other a higher                                                               
one, so  the department  used a mid-range  figure for  the fiscal                                                               
note. She stated  that, based on her understanding of  the SB 45,                                                               
the report  in question  is a one-time  report. For  that reason,                                                               
she  believes  the  funding  is adequate  for  a  full,  in-depth                                                               
review.  However, if  the reporting  is intended  to continue  in                                                               
future years, she noted that the amount may need to be updated.                                                                 
                                                                                                                                
4:29:31 PM                                                                                                                    
SENATOR DUNBAR held SB 45 in committee.                                                                                         

Document Name Date/Time Subjects
SB 44 Supporting Document - DOJ Investigation of the State of Alaska's Behavioral Health System for Children 12.15.2022.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 44 Sponsor Statement 1.23.2025.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 44 Version A.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 44 Sectional Analysis 1.23.2025.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 44 Supporting Document - Alaska Disability Law Center Findings 10.06.2004.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 44 Fiscal Note FCS-CSM 1.24.25.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 44 Fiscal Note FCS-PS 1.24.25.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 44 Fiscal Note DOH-HFLC 1.24.25.pdf SHSS 1/28/2025 3:30:00 PM
SB 44
SB 45 Fiscal Note DOH-BHA 1.21.25.pdf SHSS 1/28/2025 3:30:00 PM
SB 45
SB 45 Version A.pdf SHSS 1/28/2025 3:30:00 PM
SB 45
SB 45 Sponsor Statement Version A.pdf SHSS 1/28/2025 3:30:00 PM
SB 45
SB 45 Sectional Analysis Version A 1.23.25.pdf SHSS 1/28/2025 3:30:00 PM
SB 45
SB45 Parity Presentation 1.28.2025.pdf SHSS 1/28/2025 3:30:00 PM
SB 45