NOTICE OF PROPOSED CHANGES ON MEDICAID COVERAGE, WAIVER SERVICES, COVID FLEXIBILITIES MADE PERMANENT 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 the requirements for home and community-based waiver services and personal care services, including the following:

• 7 AAC 110. Medicaid Coverage; Professional Services, is proposed to be changed to specify which waiver services the department will allow to be provided using distance delivery methods.

   

• 7 AAC 125. Medicaid Coverage; Personal Care Services and Home Health Care Services, is proposed to be changed to amend the training requirements for proof of training for personal care assistants.

   

• 7 AAC 130. Medicaid Coverage; Home and Community-Based Waiver Services, is proposed to be changed as follows:

   

  • Specify the type of signatures permitted on a support plan.
  • Allow a limited amount of distance delivery of certain services; and define distance delivery.
  • Allow a limited amount of the day habilitation service to be delivered in residential settings.
  • Amend respite care services.

     

• 7 AAC 160.900. Medicaid Program; General Provisions. Requirements adopted by reference, is proposed to be changed as follows:
  • Update several Conditions of Participation for waiver, personal care, and Community First Choice 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 the State of Alaska, Department of Health & Social Services, Division of Senior and Disabilities Services, Attention: Jetta Whittaker, P.O. Box 110680, Juneau, Alaska 99811-0680. Additionally, Department of Health and Social Service will accept comments by facsimile at (907) 465-1170 and by electronic mail at jetta.whittaker@alaska.gov . The comments must be received not later than 5:00 p.m. on January 31, 2022.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on January 14, 2022, 12:00 p.m. – 1:00 p.m., by calling 1- (800) 315-6338 and using code 34773737# at the prompt. 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 12:00 p.m. The Department of Health & Social Services will give priority to those who call in before 12:30 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 Jetta Whittaker, by e-mail at jetta.whittaker@alaska.gov or mail at the State of Alaska, Department of Health & Social Services, Division of Senior and Disabilities Services, Attention: Jetta Whittaker, P.O. Box 110680, Juneau, Alaska 99811-0680. The questions must be received at least 10 days before the end of the public comment period. The Department of Health and 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 Jetta Whittaker by electronic mail at jetta.whittaker@alaska.gov or (907) 465-1605 not later than January 5, 2022, 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 (907) 465-1605.

A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System and by contacting Jetta Whittaker at jetta.whittaker@alaska.gov or (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 47.05.017; 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; AS 47.07.045.

Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.05.012; 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; AS 47.07.045.

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

The Division of Senior & Disabilities Services/Department of Health & Social Services keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the Division of Senior & Disabilities Services/Department of Health & Social Services notices of proposed regulation changes. To be added to or removed from the list, send a request to the Division of Senior & Disabilities Services/Department of Health & Social Services at jetta.whittaker@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

DATE: December 8, 2021.
/s/Adam Crum
Commissioner,
Department of Health & Social Services
State of Alaska.