SUPPLEMENTAL NOTICE OF PROPOSED CHANGES ON CERTIFIED HEALTH PROVIDER ENCOUNTER RATE 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 the certified health provider encounter rate for tribal health programs, to (1) add more information about the rate setting process; and (2) increase alignment with the Medicaid State Plan, including the following:

• 7 AAC 155. Tribal Health Programs, specifically, 7 AAC 155.040. Certified health provider encounter rate, is proposed to be amended as follows:
  • Add information to
    • include (1) when the department will reestablish the rates; (2) how the department will calculate rates; (3) which provider costs are covered;
    • clarify the process that the department uses to calculate the per encounter rate; and
    • require a public notice that the department will publish on its website and on the Alaska Online Public Notice System, to notify the tribal health organization whether a certified health provider annual financial reporting is due during the federal fiscal year.

   

• 7 AAC 160. Medicaid Program; General Provisions, specifically, 7 AAC 160.900. Requirements adopted by reference, is proposed to be amended as follows:
  • Add the document proposed to be adopted by reference, the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), The Provider Reimbursement Manual - Part 1, Publication Number 15-1, Chapter 21 (Costs Related to Patient Care).

   

  • Add the federal regulation proposed to be adopted by reference, 42 C.F.R. 413.1 – 413.157

    (Principles of reasonable cost reimbursement).

   

   

   

  This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on January 14, 2025, concerning the regulations contained in the Department of Law file number 2024200480. This SUPPLEMENTAL NOTICE is being issued by the Department of Health to provide a new date, time, and Zoom information, including the online website link, and toll-free telephone number, for the oral public hearing.

   

  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, Office of Rate Review, Attention: Mattie Dawson, 3601 C Street, Suite 978, Anchorage, AK 99503. Additionally, the Department of Health will accept comments by electronic mail at mattie.dawson@alaska.gov . The comments must be received not later than 5 p.m. on March 14, 2025.

   

  You may provide oral comments relevant to the proposed action by telephone or online at the hearing to be held on March 5, 2025, on Zoom. You may join the online Zoom meeting by using the Zoom website link, or by calling the toll-free telephone number, using the meeting ID, and passcode.

• The details for the Zoom meeting are as follows:
  • If you want to use the telephone to attend the meeting and provide oral comments, please use the

   

  • Zoom Call-in Toll-free Number: 1-833-548-0276 (US Toll-free); Meeting ID: 884 1947 9708; and Passcode: 089387.

   

   

  • If you want to use the Zoom website link to attend the meeting online and provide oral comments, please use the
    • Meeting Zoom Link: https://us02web.zoom.us/j/88419479708?pwd=TMbXdsGbQcrkEYC2PgbsL6fGEqecbn.1

   

  • Meeting ID: 884 1947 9708; and Passcode: 089387.

There will not be in-person attendance provided at the hearing site, so please prepare to share your oral comments by telephone only. The hearing is scheduled from 1:00 p.m. to 2:00 p.m., and priority will be given to commenters on the line before the beginning of the hearing. The hearing may be extended to accommodate those on the line before 1:30 p.m. who did not have an opportunity to comment. Before the start of the hearing, Department of Health may limit the time allotted for each person providing oral testimony, as reasonably necessary to conclude the hearing in the time provided.

You may submit written questions relevant to the proposed action to Ms. Mattie Dawson by e-mail at mattie.dawson@alaska.gov and to the State of Alaska, Department of Health, Office of Rate Review, Attention: Mattie Dawson, 3601 C Street, Suite 902, 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 in order to participate in this process, please contact Ms. Mattie Dawson at mattie.dawson@alaska.gov , or by phone at (907) 334-2465, not later than February 27, 2025, 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 Ms. Mattie Dawson at mattie.dawson@alaska.gov .

A copy of material proposed for adoption by reference is available through the electronic link for each as follows: (1) the document proposed to be adopted by reference, United States Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), The Provider Reimbursement Manual - Part 1, Publication Number 15-1, Chapter 21 (Costs Related to Patient Care), may be accessed at  https://www.hhs.gov/guidance/document/provider-reimbursement-manual-part-1-2-pub-15-1 ; and (2) the federal regulation proposed to be adopted by reference, 42 C.F.R. 413.1 – 413.157

(Principles of reasonable cost reimbursement), may be accessed at https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-B/part-413 , and https://www.govinfo.gov/content/pkg/CFR-2023-title42-vol2/pdf/CFR-2023-title42-vol2-part413.pdf .

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 (in thousands of dollars): The proposed regulation changes are not expected to require an increased appropriation.

The Department of Health, Office of Rate Review, keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all the Department of Health, Office of Rate Review notices of proposed regulation changes. To be added to or removed from the list, send a request to the Department of Health, Office of Rate Review at mattie.dawson@alaska.gov,  giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also signup 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: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

DATE: February 3, 2025.

/s/Heidi Hedberg

Commissioner,

Department of Health

State of Alaska.