NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES

 The Department of Health and Social Services proposes to adopt regulation changes in Title 7, Chapters 145 and 160, of the Alaska Administrative Code, dealing with service payment rates from the Alaska Department of Health and Social Services Division of Senior and Disabilities Services for Medicaid home and community-based waiver services and personal care attendant services, including the following:

1. 7 AAC 145.520, Home and community-based waiver services payment rates, is proposed to be amended: to implement the reestablished rates that are based on the results of provider cost surveys for reporting year 2011; to delete language that is obsolete after January 1, 2014; to change the identified cost of room and board from $40 per day to an amount based on the current maximum monthly Federal Supplemental Security Income benefit amount in effect for individuals at the time of rebasing; and, to clarify that a complete annual report is not required to stop certain payment reductions.

    

2. 7 AAC 145.531, Personal care services or home and community-based waiver services accounting and reporting, is proposed to be amended to include an exemption from annual reporting requirements for newly enrolled providers that have no meaningful business activity for at least the first two months of their first fiscal year.

    

3. 7 AAC 160.900, Requirements adopted by reference, is proposed to be amended to adopt the following documents by reference: a revised Chart of Personal Care Attendant and Waiver Services Rates that will take effect on July 1, 2014; and, a revised Specialized Medical Equipment Fee Schedule.

To comment in writing, please submit written comments to Randall Schlapia, Office of Rate Review, 3601 C Street, Suite 978, Anchorage, AK, 99503; E-mail: randall.schlapia@alaska.gov.  The written comments must be received no later than 4:00 p.m. on October 1, 2013.

To comment in person, please attend the public comment hearing on September 27, 2013 from 2:00p.m. to 4:00p.m. in Suite 896 of the Frontier Building, 3601 C Street, Anchorage, Alaska. Interested persons who are not able to attend the public comment hearing in person may call in by dialing 1-800-315-6338, participant PIN code 2447. 

The Department will also be hosting a public work session to discuss the proposed regulations on September 9, 2013 from 1:00p.m. to 4:00p.m. in Suite 896 of the Frontier Building, 3601 C Street, Anchorage, Alaska.  Any discussions at the public work session will NOT be considered as public comments for purposes of changing the proposed regulations.  Interested persons who are not able to attend the public work session in person may call in by dialing 1-800-315-6338, participant PIN code 2447. 

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Randall Schlapia at the address above or by phone at (907) 269-0478 no later than September 2, 2013 to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Randall Schlapia at the address, phone number, or E-mail address above, or go to the Department of Health and Social Services public notice website at: http://dhss.alaska.gov/Pages/PublicNotice/Default.aspx

After the public comment period ends, the Department of Health and Social Services will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them.  The language of the final regulations may be different from that of the proposed regulations.  You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 47.05.010; AS 47.05.012, AS 47.07.030; AS 47.07.040;

AS 47.07.045.

Statutes Being Implemented, Interpreted, or Made Specific: AS 47.05.010; AS 47.05.012, AS 47.07.030; AS 47.07.040; AS 47.07.045.

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

Date: 8/23/2013

/s/William J. Streur, Commissioner
Department of Health and Social Services 

ADDITIONAL REGULATIONS NOTICE INFORMATION

(AS 44.62.190(d))

1.  Adopting agency:  Department of Health and Social Services 

2.  General subject of regulation:  Payment rates for Medicaid Home and Community-Based Waiver Services and Personal Care Attendant Services. 

3.  Citation of regulation:   7 AAC 145.520; 7 AAC 145.531; and 7 AAC 160.900 

4.  Reason for the proposed action:

     (   )  compliance with federal law

     (   )  compliance with new or changed state statute

     (   )  compliance with court order

     (   )  development of program standards

     (X)  other:  Existing regulations require that new payment rates be adopted. 

5.  RDU/component affected:  Division of Health Care Services 

6.  Cost of implementation to the state agency and available funding:           

7.  The name of the contact person for the regulations:

 Randall Schlapia

Office of Rate Review

3601 C Street, Suite 978

Anchorage, AK, 99503

E-mail: randall.schlapia@alaska.gov 

8.  The origin of the proposed action: 

            __ __   staff of state agency

            __   __ federal government

            _____  general public

            _____  petition for regulation change

            __X__ other (please list):     
Existing regulations are the origin of the  proposed  action                                                       
because they require that new payment rates be adopted.