NOTICE OF PROPOSED CHANGES ON MEDICAID BEHAVIORAL HEALTH LICENSED PROFESSIONAL COUNSELOR SERVICES & MISCELLANY IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH & SOCIAL SERVICES

The Department of Health & Social Services proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with Medicaid behavioral health services related to licensed professional counselor (LPC) services, including the following:

• 7 AAC 70. Behavioral Health Services, is proposed to be changes as follows:
  • Add LPC to the list of providers eligible to provide Medicaid behavioral health clinic services.

     

• 7 AAC 105. Medicaid Provider and Recipient Participation, is proposed to be changed as follows:
  • Add LPC as an eligible Medicaid provider.

   

   

• 7 AAC 110. Medicaid Coverage; Professional Services, is proposed to be changed as follows:
  • Add a new section related to professional counseling services.

     

• 7 AAC 160. Medicaid Program; General Provisions, is proposed to be changed as follows:
  • Add new paragraphs to include the
    • Independent LPC fee schedule;
    • Independent Licensed Marital and Family Therapists (LMFT) fee schedule; and
    • Independent Licensed Clinical Social Worker (LCSW) fee schedule.

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. Allison Weeks, 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 allison.weeks@alaska.gov . The comments must be received not later than 5 p.m. on April 15, 2021.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on ­April 6, 2021, 11 a.m. – 2 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 11 a.m. The Department of Health & Social Services will give priority to those who call in before 1:30 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. Allison Weeks, by electronic mail at allison.weeks@alaska.gov or at the State of Alaska, Department of Health & Social Services, Division of Behavioral Health, 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 to participate in this process, please contact Ms. Allison Weeks at (907) 385-8312 not later than March 30, 2021, 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 at https://aws.state.ak.us/OnlinePublicNotices/Default.aspx and by contacting Ms. Allison Weeks at allison.weeks@alaska.gov  or at (907) 385-8312.

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.

After the public comment period ends, the Department of Health & Social Service 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 47.30.470; AS 47.30.475; AS 47.30.477; AS 47.30.530; AS 47.30.540; AS 47.30.570; AS 47.37.140.

Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.05.012; AS 47.07.030; AS 47.07.040; AS 47.30.470; AS 47.30.475; AS 47.30.477; AS 47.30.530; AS 47.30.540; AS 47.30.570; AS 47.37.140.

Fiscal information: It is estimated that the proposed regulation changes will require increased appropriations as follows (in thousands of dollars): FY2022, $232.2; FY2023, $246.3.

DATE: March 3, 2021.
/s/Adam Crum
Commissioner,
Department of Health & Social Services.