NOTICE OF PROPOSED CHANGES ON MEDICAID: HOME & COMMUNITY–BASED WAIVER SERVICES; PERSON-CENTERED SETTINGS & AMENDMENTS & GENERAL PROVISIONS IN THE REGULATIONS OF DEPARTMENT OF HEALTH & SOCIAL SERVICES
| BRIEF DESCRIPTION The Department of Health & Social Services proposes to change regulations on Medicaid home and community-based waiver services, person-centered practices, and settings requirements. |
The Department of Health and Social Services proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with Medicaid home and community-based waiver services, person-centered practices and settings requirements, including the following:
- 7 AAC 130.200. Purpose - is proposed to be amended to include references to person-centered practices that support access to the full benefits of community living.
- 7 AAC 130.202. Services provided by family members – is proposed to be amended to describe family members and others that cannot provide Medicaid home and community-based waiver services.
- 7 AAC 130.205. Eligibility for home and community-based waiver services – is proposed to be amended to clarify when home and community-based waiver services are not available to an individual.
- 7 AAC 130.211. Screening – is proposed to be amended to clarify the steps that constitute the application for home and community–based waiver services.
- 7 AAC 130.213. Assessment and reassessment - is proposed to be amended to change when and how assessments and reassessments are conducted.
- 7 AAC 130.217. Plan of care development and amendment – is proposed to be repealed and readopted to include person-centered practices in the plan of care development process.
- 7 AAC 130.219. Enrollment in home and community-based waiver services; disenrollment – is proposed to be amended to clarify the requirements for enrollment for home and community-based waiver services.
- 7 AAC 130.220. Provider certification – is proposed to be amended to include the requirements for settings compliance at provider certification.
- 7 AAC 130.224. Critical incident reporting - is proposed to be amended to add notification of the recipient’s representative and other service providers when a critical incident is reported.
- 7 AAC 130.229. Use of restrictive interventions – is proposed to be amended to clarify that the use of restrictive interventions must be described in a recipient’s plan of care.
- 7 AAC 130.240. Care coordination services – is proposed to be amended to expand the types of individuals that the department will not pay for care coordination services.
- 7 AAC 130.245. Chore services – is proposed to be amended to expand the types of individuals that the department will not pay for chore services.
- 7 AAC 130.260. Day habilitation services – is proposed to be amended to change how documentation is provided to the department.
- 7 AAC 130.265. Residential habilitation services – is proposed to be amended to modify who is not considered to be a primary caregiver for the service of family home habilitation, and to modify the limitations under which the department will pay for supported-living and in-home support habilitation.
- 7 AAC 130.275. Intensive active treatment services – is proposed to be amended to remove children up to age 21 from those who can be approved to receive the service.
- 7 AAC 130.319. Definitions - is proposed to be amended to modify the definition of immediate family.
- 7 AAC 130 is proposed to be amended to add a new section, titled “Person-centered practice,” that defines the goals and procedures for implementing person-centered plans of care.
- 7 AAC 160.900 Definitions – is proposed to be amended to update the Conditions of Participation for twelve home and community-based waiver services.
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 jetta.whittaker@alaska.gov or PO Box 110680, Attn. Jetta Whittaker, Juneau AK 99811-0680. The comments must be received not later than 5 p.m. on June 5, 2017.
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 at https://aws.state.ak.us/OnlinePublicNotices/ and agency website at http://dhss.alaska.gov/dsds/Pages/default.aspx .
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jetta Whittaker at jetta.whittaker@alaska.gov or at (907) 465-1605 not later than May 22, 2017, to ensure that any necessary accommodations can be provided.
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 (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 47.05.012; 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: April 17, 2017
/s/Jon Sherwood
Deputy Commissioner
Department of Health & Social Services