NOTICE OF PROPOSED CHANGES ON MEDICAID COVERAGE OF PERSONAL CARE SERVICES
IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH & SOCIAL SERVICES
BRIEF DESCRIPTION
The Department of Health & Social Services proposes to change regulations on Medicaid coverage of personal care services.
The Department of Health & Social Services proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with Medicaid coverage, personal care services. The proposed changes affect many aspects of the personal care services program for both recipients and providers. Medicaid recipients, service providers, and interested members of the public are encouraged to review and comment on proposed changes. The proposed changes to 7 AAC 125.010-.199 and 7 AAC 160.900 include the following:
- Clarifying when the department will conduct an initial assessment; allowing a reduction in the frequency of reassessments so that they may not be required yearly for every recipient; identifying the changes in a recipient’s environment that will trigger a reassessment. (7 AAC 125.010, 7 AAC 125.012, 7 AAC 125.020, 7 AAC 125.024, 7 AAC 125.028, 7 AAC 125.050, 7 AAC 125.195)
- Modifying the guidelines for submitting and reviewing both initial applications and renewal applications for personal care services. (7 AAC 125.012)
- Amending the reasons for which the department will terminate a recipient’s authorization to receive personal care services. (7 AAC 125.024)
- Adding a provision requiring the department to consider the impact on a recipient’s risk of institutionalization before it reduces that recipient’s authorization for personal care services. (7 AAC 125.026)
- Redefining and amending the activities covered by personal care services. (7 AAC.030, 7 AAC 125.040)
- Amending the locations where personal care services may be provided to include a recipient’s workplace in certain circumstances. (7 AAC 125.050)
- Modifying the requirements for provider agencies, including the certification and enrollment processes well as other operational processes; providing guidelines for a provider agency terminating services to recipients. (7 AAC 125.060, 7 AAC 125.080, 7 AAC 125.100, 7 AAC 125.110; 7 AAC 125.130; 7 AAC 125.150, 7 AAC 125.170, 7 AAC 125.190, 7 AAC 125.195)
- Modifying the requirements for individuals to be employed as personal care assistants, including education and training requirements. (7 AAC 125.090, 7 AAC 125.120, 7 AAC 125.160)
- Adding requirements for representatives of recipients who are unable to manage their own personal care services, and modifying the criteria to participate in the consumer-directed personal care services program. (7 AAC 125.100, 7 AAC 125.140)
- Modifying the language relating to the recipients’ right to appeal a decision regarding their personal care services authorization, including an appeal of a decision by the department that a recipient may not participate in the consumer-directed program because of a lack of cognitive capacity. (7 AAC 125.180)
- Adding two new sections outlining critical incident reporting requirements and standards for the use of restrictive intervention for providers. (Regulation number not yet designated)
- Including a revised Service Level Computation, and adopting by reference the Personal Care Services Conditions of Participation. (7 AAC 125.199, 7 AAC 160.900)
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 Jetta Whittaker at 240 Main St., Juneau, AK 99801. Additionally, the Department of Health & Social Services will accept comments by facsimile at (907) 465-4716 and by electronic mail at jetta.whittaker@alaska.gov . Comments may also be submitted through the Alaska Online Public Notice System at https://aws.state.ak.us/OnlinePublicNotices/default.aspx , by accessing this notice on the system and using the comment link. The comments must be received not later than 5:00 p.m. on August 22, 2016.
Oral or written comments also may be submitted at a hearing to be held on July 22, 2016, at the Anchorage Legislative Information Office, First Floor Auditorium, 716 W 4th Ave., Anchorage, AK 99501. The hearing will be held from 11:00 a.m. to 1:00 p.m. and might be extended to accommodate those present before 12:00 p.m. who did not have an opportunity to comment. For those outside of Anchorage, this meeting will also be livestreamed through the Legislative Information Office over http://akl.tv (audio only). If you do not have internet access or you want to provide public comment, you can participate by calling (844) 586-9085 (toll free). For budgetary reasons, the Department of Health & Social Services encourages those who have internet access to observe via the livestream option, and only use the phone line to provide comment. Depending on the number of people who want to comment, the moderator of the hearing may institute time limits on individual comments.
If you are a person with a disability who needs a special accommodation in order to participate in this process or in the hearing on July 22, 2016, please contact Jetta Whittaker at jetta.whittaker@alaska.gov , or at telephone number (907) 465-1605, or by fax at (907) 465-4716, or via Alaska Relay at 711 or (800) 770-8973 (TTY) not later than July 12, 2016, to ensure that any necessary accommodations can be provided.
You may submit written questions relevant to the proposed action to Jetta Whittaker at jetta.whittaker@alaska.gov or at 240 Main St., Juneau, AK 99801. The questions must be received at least 10 days before the end of the public comment period. The Department of Health & Social Services will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and the agency website at http://dhss.alaska.gov/dsds/Pages/default.aspx.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jetta Whittaker at jetta.whittaker@alaska.gov or at telephone number (907) 465-1605.
After the public comment period ends, the Department of Health & Social Services 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 47.05.017; AS 47.05.300; AS 47.05.310; AS 47.05.320; AS 47.05.330; AS 47.05.340; AS 47.07.030; AS 47.07.040.
Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.05.017; AS 47.05.300; AS 47.05.310; AS 47.05.320; AS 47.05.330; AS 47.05.340; AS 47.07.030; AS 47.07.040.
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.
Date: 06/27/2016
/s/Jon Sherwood, Deputy Commissioner
Department of Health & Social Services