NOTICE OF PROPOSED CHANGES ON MEDICAID COVERAGE & PAYMENT FOR BEHAVIORAL HEALTH & SUBSTANCE USE DISORDER 1115 WAIVER SERVICES IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH.

The Department of Health proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with Medicaid coverage and payment related to the behavioral health (BH) and substance use disorder (SUD) 1115 waiver services, including the following:

• 7 AAC 105. Medicaid Provider and Recipient Participation, is proposed to include the following changes.
  • Add requirements for provider records to include time-based billing requirements for 23-hour crisis observation, stabilization, and crisis residential and stabilization services.

   

• 7 AAC 135. Medicaid Coverage; Behavioral Health (BH) Services, is proposed to include the following changes.

   

  • Add peer support services to align with language in 7 AAC 138 and to clarify language about how services may be offered.
  • Add a new section related to (1) payment for qualified addiction professional or peer support crisis services; and (2) payment for qualified behavioral health professional crisis services.
  • Add a new billing mechanism for (1) qualified addiction professional and peer support crisis services for the 1115 SUD waiver crisis services; and (2) qualified behavioral health professional for the 1115 BH crisis response services.
  • Revise and replace the department contact form with the new Short-Term Crisis Emergency Service Contact form.
  • Add a new department form, titled 1115 Crisis Service Contact form.

   

   

   

• 7 AAC 138. 1115 Substance Use Disorder (SUD) Waiver Services, is proposed to include the following changes.

   

  • Add crisis response services to align with 1115 BH crisis response services.
  • Identify documentation requirements.
  • Add clarifying language for, and define, a “secure environment” to delineate the difference between designated evaluation and treatment (DET) facility and 1115 crisis response services.

     

• 7 AAC 139. Behavioral Health (BH) 1115 Waiver Services, is proposed to include the following changes.

• Remove duplication.
• Rename a service to align with how that service is identified in the Alaska Behavioral Health Providers Services Standards & Administrative Procedures for Behavioral Health Provider Services manual.
• Align with crisis service changes made in the 1115 SUD waiver crisis response services.

7 AAC 160. Medicaid Program; General Provisions, specifically, 7 AAC 160.900. Requirements adopted by reference, is proposed to include the following changes.

• Amend a department document adopted by reference, the Chart of 1115 Medicaid Waiver Services, to include the updated version, the Chart of Medicaid 1115 Behavioral Health (BH) and Substance Use Disorder (SUD) Waiver Services Rates.
• Amend a department document adopted by reference, the Alaska Behavioral Health Provider Service Standards & Administrative Procedures for SUD Provider Services manual.
• Amend a department document adopted by reference, the Alaska Behavioral Health Providers Services Standards & Administrative Procedures for Behavioral Health Provider Services manual.
• Add one new department form to be adopted by reference, the 1115 Crisis Service Contact form.
• Add one revised department contact form to be adopted by reference, the Short-Term Crisis Emergency Service Contact form. This revised form replaces the department contact form, and aligns with the new 1115 Crisis Service Contact form.

You may comment on the regulation changes, including the potential costs to private persons of complying with the changes, by submitting written comments to Ms. Heather Phelps, State of Alaska, Department of Health, Division of Behavioral Health, 3601 C Street, Suite 934, Anchorage, AK 99503. Additionally, the Department of Health will accept comments by electronic mail at doh.dbh.public.comments@alaska.gov  . The comments must be received not later than 5 p.m. on May 31, 2023.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on May 17, 2023,  11 a.m. – 2 p.m., by calling 1-800-315-6338, and using the participant access code number 26776. Please note that in-person attendance will not be provided at the hearing site. Please prepare to share your oral comments by telephone. If you call to provide oral testimony, you should be on the line before the hearing begins at 11 a.m. The Department of Health will give priority to those who call in before 1:30 p.m. The Department of Health may, before the hearing begins, limit the time allotted for each person providing oral testimony. The time limit may be necessary to conclude the hearing in the time provided.

You may submit written questions relevant to the proposed action to Ms. Heather Phelps, by electronic mail at doh.dbh.public.comments@alaska.gov , or at the State of Alaska, Department of Health, Division of Behavioral Health, 3601 C Street, Suite 934, Anchorage, AK 99503. The questions must be received at least 10 days before the end of the public comment period. The Department of Health will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.

If you are a person with a disability who needs a special accommodation to participate in this process, please contact Ms. Heather Phelps by electronic mail at doh.dbh.public.comments@alaska.gov , or by telephone at (907) 269-3616 not later than May 11, 2023, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Ms. Heather Phelps by e-mail at doh.dbh.public.comments@alaska.gov , or by telephone at (907) 269-3616.

A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System and may be viewed at the agency's office at the State of Alaska, Department of Health, Division of Behavioral Health, 3601 C Street, Suite 934, Anchorage, AK 99503.

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

Statutory authority: AS 47.05.010; AS 47.05.012; AS 47.05.270; AS 47.07.030; AS 47.07.036; AS 47.07.040; AS 47.07.085.

Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.05.012; AS 47.05.270; AS 47.07.030; AS 47.07.036; AS 47.07.040; AS 47.07.085.  

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

The Division of Behavioral Health/Department of Health (DOH) keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all the Division of Behavioral Health/DOH notices of proposed regulation changes. To be added to or removed from the list, send a request to the Division of Behavioral Health/DOH at doh.dbh.public.comments@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also sign up to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System at https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

DATE: April 11, 2023.

/s/Heidi Hedberg

Commissioner,

Department of Health

State of Alaska.