NOTICE OF PROPOSED CHANGES ON MEDICAID BEHAVIORAL HEALTH SERVICES STATE PLAN SERVICE AUTHORIZATION IN THE REGULATIONS OF THE DEPARTMENT OF HEALTH.

The Department of Health proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with Medicaid service authorization requirements and limitations for behavioral health state plan services. The proposed changes update state fiscal year limitations and modify service authorization requirements for services covered by the Alaska Medicaid state plan, including the following:

• 7 AAC 135.040. Service authorization and limitation, is proposed to be changed to include the following:
• Remove language requiring prior authorizations and update behavioral health provider or physician clinic services subject to limitations and the relevant limitations.
• Update requirements to specify behavioral health rehabilitation services subject to limitations and set those limitations, including the limitation for
  • medication administration services;
  • day treatment services for children;
  • residential substance use disorder treatment services;
  • short-term crisis stabilization services.
• 7 AAC 135.210. Peer support services, is proposed to be changed to remove references to limitations removed from 7 AAC 135.040.

   

• 7 AAC 135.350. Autism services, is proposed to be changed to include the following:
• Identify coverage for an initial behavior identification assessment for a new or returning recipient;
• Revise language and remove reference to authorization requirements.

• Remove state fiscal year limitations and service authorization requirements for the following:
  • any combination individual, group, and family psychotherapy;
  • psychiatric assessments, psychological and neuropsychological testing and evaluation, integrated mental health and substance use intake assessments, and combinations of mental health intake assessments and one substance use intake assessment;
  • pharmacologic management services;

• individual therapeutic behavioral health services for children and peer support services, group therapeutic behavioral health services for children, and family therapeutic behavioral health service for children and peer support services;
• medical evaluations of a recipient in an opioid use disorder treatment program or who is not receiving methadone;
• behavioral health treatment plan reviews for a recipient in an opioid use disorder treatment program; and
• prior authorization requirements for autism services;

• Clarification that withdrawal management services are not subject to limitation;
• Remove limitation for behavioral health screening.

   

• 7 AAC 160.900. Requirements adopted by reference, is proposed to be changed to update two department documents adopted by reference:
• 7 AAC 160.900(d)(59), to include the updated version for the Chart of Community Behavioral Health and Mental Health Physician Clinic Medicaid Covered Services Rates.
• 7 AAC 160.900(d)(73), to include the updated version for the Medicaid Procedure Codes and Rates – Autism Services.

You may comment on the regulation changes, including the potential costs to private persons of complying with the changes, by submitting written comments to Mr. William Hurr, State of Alaska, Department of Health, Division of Behavioral Health, 3601 C Street, Suite 934, Anchorage, AK 99503. Additionally, the Department of Health will accept comments by electronic mail at doh.dbh.public.comments@alaska.gov . The comments must be received not later than 5 p.m. on April 30, 2024.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on April 26, 2024, from 11:00 a.m. to 1:00 p.m., by calling 1-800-315-6338, and using the participant access code number 93600. Please note that in-person attendance will not be provided at the hearing site. Please prepare to share your oral comments by telephone. If you call to provide oral testimony, you should be on the line before the hearing begins at 11:00 a.m. The Department of Health will give priority to those who call in before 12:30 p.m. The Department of Health 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 Mr. William Hurr, by electronic mail at doh.dbh.public.comments@alaska.gov , or to the State of Alaska, Department of Health, Division of Behavioral Health, 3601 C Street, Suite 934, Anchorage, AK 99503. The questions must be received at least 10 days before the end of the public comment period. The Department of Health 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 Mr. William Hurr by electronic mail at doh.dbh.public.comments@alaska.gov , or by telephone at (907) 269-6549 not later than April 19, 2024, 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 and by contacting Mr. William Hurr by e-mail at doh.dbh.public.comments@alaska.gov , or by telephone at (907) 269-6549.

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, Division of Behavioral Health, 3601 C Street, Suite 934, Anchorage, AK 99503.

After the public comment period ends, the Department of Health 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 47.07.085.

Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.05.012; AS 47.07.030; AS 47.07.040; AS 47.07.085.

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

The Division of Behavioral Health/Department of Health (DOH) keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all the Division of Behavioral Health/DOH notices of proposed regulation changes. To be added to or removed from the list, send a request to the Division of Behavioral Health/DOH at doh.dbh.public.comments@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also sign up to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System at https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

DATE: March 18, 2024.

/s/Heidi Hedberg

Commissioner,

Department of Health

State of Alaska.