NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
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BRIEF DESCRIPTION
The Department of Health and Social Services proposes to amend regulations for Medicaid home and community-based waiver services and adopt revised versions of the conditions of participation.
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The Department of Health and Social Services, Division of Senior and Disabilities Services, proposes to adopt regulation changes in Title 7, Chapters 130 and 160, Medicaid home and community-based waiver services, provider certification and enrollment requirements, level of care, plan of care requirements, environmental modification services, and revise the conditions of participation forms, including the following:
1. 7 AAC 130.207, Application for home and community-based waiver services, is proposed to be amended to revise the application requirements for home and community-based waiver services.
2. 7 AAC 130.217, Plan of care development and amendment, is proposed to be amended to further define the plan of care development requirements and timeframes.
3. 7 AAC 130.219, Enrollment in home and community-based waiver services; disenrollment, is proposed to be amended to revise the list of reasons that would warrant disenrollment.
4. 7 AAC 130.220, Provider certification, is proposed to be amended to revise the certification requirements, including audit of provider records, suspension, and the appeal process.
5. 7 AAC 130.224, Critical incident reporting, is proposed to be amended to further define critical incident reporting, including the need for evaluation or consultation with a medical professional.
6. 7 AAC 130.227, Medication administration, is proposed to be amended to clarify the required elements of medication administration curriculum for training and exemptions from this section.
7. 7 AAC 130.229, Use of restrictive intervention, is proposed to be amended to revise the policies and procedures to include a prohibition on the use of chemical restraints.
8. 7 AAC 130.233, Provider termination of services to a recipient, is proposed to be amended to revise the provider notification requirements when a provider intends to close, sell, or change ownership.
9. 7 AAC 130.238, Certification of care coordinators, is proposed to be amended to further define the appeal process for a care coordinator that wants to appeal a decision of the department.
10. 7 AAC 130.245, Chore services, is proposed to be amended to revise what constitutes a chore service that the department will cover and those chore services that will not be authorized by the department.
11. 7 AAC 130.250, Adult day services, is proposed to be amended to further define what adult day services the department will pay for.
12. 7 AAC 130.265, Residential habilitation services, is proposed to be amended to update the residential habilitation services requirements including what constitutes family home habilitation services and what services the department will pay for. The limitations on in-home support habilitation services are proposed to be repealed and readopted.
13. 7 AAC 130.267, Acuity payments for qualified recipients, is proposed to be repealed and readopted to revise when the department will pay for additional services that exceed those authorized in a recipient’s plan of care.
14. 7 AAC 130.270, Supported-employment services, is proposed to be amended to revise those items or services that the department will not pay for under supported-employment services.
15. 7 AAC 130.275, Intensive active treatment services, is proposed to be amended to include additional providers that may provide intensive active treatment services to a recipient.
16. 7 AAC 130.280, Respite care services, is proposed to be repealed and readopted to describe what respite care services the department will pay for, what services the department will not pay for, and define terms used in this section.
17. 7 AAC 130.290, Transportation services, is proposed to be repealed and readopted to outline what transportation services the department will pay for, what services the department will not pay for, and define terms used in this section.
18. 7 AAC 130.300, Environmental modification services, is proposed to be amended to further define what constitutes a completed modification, payment, and repayment for failure to complete a modification on time.
19. 7 AAC 130.319, Definitions, is proposed to be amended to define “primary unpaid caregiver”.
20. 7 AAC 160.900(d), Requirements adopted by reference, is proposed to be amended to adopt revised versions of the conditions of participation.
WRITTEN COMMENTS: You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Angela Salerno, Division of Senior and Disabilities Services, P.O. 110680, Juneau, Alaska, 99811; E-mail: angela.salerno@alaska.gov
Comments must be received no later than 4:30 p.m. on June 30, 2014.
PUBLIC HEARING: Oral or written comments may be submitted in person or telephonically at the public hearing at the following location on the date and time specified:
Anchorage with Statewide Call-In:
June 11, 2014; 1:00 p.m. to 4:30 p.m.
Legislative Information Office
733 W 4th Avenue, Room 105
Anchorage
You may participate in the hearing by calling 1-855-463-5009, except that Juneau callers should call 463-5009.
The hearing may be extended to accommodate those who arrived before 4:00 p.m. who did not have an opportunity to comment before 4:00 p.m.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Angela Salerno at the address above or by phone at (907) 465-4874 no later than June 4, 2014 to ensure that any necessary accommodations can be provided.
For a copy of the proposed regulation changes, contact Angela Salerno at the address, phone number, or E-mail address above.
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, and 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, and AS 47.07.045.
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: 5/28/2014
/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: Home and community-based waiver program.
3. Citation of regulation: 7 AAC 130, 7 AAC 160.900
4. Department of Law file number, if any JU2014200384
5. Reason for the proposed action:
( ) compliance with federal law
( ) compliance with new or changed state statute
( ) compliance with court order
(X) development of program standards
( ) other: (please list)
6. Appropriate Allocation: Division of Senior and Disabilities Services
7. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 15 Years
Operating Cost $0 $0
Capital Cost $0 $0
1002 Federal receipts $0 $0
1003 General fund match $0 $0
1004 General fund $0 $0
1005 General fund/
program $0 $0
1037 General fund/
mental health $0 $0
Other $0 $0
8. The name of the contact person for the regulations:
Angela Salerno
Division of Senior and Disabilities Services
P.O. 110680, Juneau, Alaska, 99811
E-mail: angela.salerno@alaska.gov
9. The origin of the proposed action:
__X__ staff of state agency
_____ federal government
_____ general public
_____ petition for regulation change
_____ other (please list)_______________
10. Date: 5/28/2014
Prepared by: /s/Kurt West, Project Coordinator