NOTICE OF ADOPTION OF EMERGENCY REGULATION ON MEDICAID 1115 BEHAVIORAL HEALTH WAIVER SERVICES OF THE DEPARTMENT OF HEALTH & SOCIAL SERVICES

On May 20, 2020, the Department of Health & Social Services adopted, as an emergency regulation, changes in Title 7 of the Alaska Administrative Code dealing with Medicaid 1115 behavioral health waiver services, including the following:

• 7 AAC is proposed to be changed as follows:
  • Amend 7 AAC 70. Behavioral Health Services; 7 AAC 136. Alaska Substance Use Disorder and Behavioral Health Program: 1115 Demonstration Waiver; 7 AAC 160.900. Medicaid, Gen. Provisions.
  • Add a new section, 7 AAC 138.450. Crisis response services.
  • Add a new chapter, 7 AAC 139. Behavioral Health 1115 Demonstration Waiver Services.

The emergency regulation takes effect on May 27, 2020, and will expire September 23, 2020. The Department of Health & Social Services intends to make the emergency regulation permanent.

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. Alysa Wooden, State of Alaska, Division of Behavioral Health, 3601 C Street, Suite 878, Anchorage, AK 99503. Additionally, the Department of Health & Social Services will accept comments by electronic mail at alysa.wooden@alaska.gov . The comments must be received not later than 5 p.m. on July 7, 2020.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on June 18, 2020, ­1 p.m. – 4 p.m., by calling 1-800-315-6338, and using the participant access code number #59481. Please note that in-person attendance will not be permitted at the hearing site because of the public health and safety concerns associated with the COVID – 19 pandemic. Please prepare to share your oral comments by telephone only. If you call to provide oral testimony, you should be on the line before the hearing begins at 1 p.m. The Department of Health & Social Services will give priority to those who call in before 3:30 p.m. The Department of Health & Social Services 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. Alysa Wooden, by electronic mail at alysa.wooden@alaska.gov or at the State of Alaska, Department of Health & Social Services, Division of Behavioral Health, at 3601 C Street, Suite 878, Anchorage, AK 99503. 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.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Ms. Alysa Wooden at (907) 269-2051 not later than June 12, 2020, to ensure that any necessary accommodation can be provided.

A copy of the emergency regulation is available on the Alaska Online Public Notice System at https://aws.state.ak.us/OnlinePublicNotices/Default.aspx and by contacting Ms. Alysa Wooden at alysa.wooden@alaska.gov or at (907) 269-2051.

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 & Social Services, Division of Behavioral Health, 3601 C Street, Suite 878, Anchorage, AK 99503.

The language of the permanent regulations may be different from that of the original emergency regulation and may include other provisions dealing with the same subject. You should comment during the time allowed if your interests could be affected.  Written comments received are public records and are subject to public inspection.

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 47.30.470; AS 47.30.475; AS 47.30.477; AS 47.30.530; AS 47.30.540; AS 47.30.570; AS 47.32.010; AS 47.37.140.

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 47.30.470; AS 47.30.475; AS 47.30.477; AS 47.30.530; AS 47.30.540; AS 47.30.570; AS 47.32.010; AS 47.37.140.

Fiscal information: It is estimated that the regulations will require increased appropriations as follows (in thousands of dollars):  FY2021= $124; FY2022= $954; FY2023= $1,766.

DATE: May 20, 2020.
/s/Adam Crum
Commissioner,
Department of Health & Social Services.