Proposed Regulations



Payment Rate Rebasing for Long Term Services and Supports

Adopted by Reference Documents
Additional Resources

SUPPLEMENTAL NOTICE OF PROPOSED CHANGES ON REBASING OF MEDICAID PAYMENT RATES FOR LONG TERM SERVICES & SUPPORTS.


BRIEF DESCRIPTION
The Department of Health proposes to change regulations on the rebasing of Medicaid payment rates for long term services and supports (waiver, personal care, Community First Choice, and Targeted Case Management).

The Department of Health proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with the rebasing of Medicaid payment rates for long term services and supports (waiver, personal care, Community First Choice, and Targeted Case Management), including the following:
  • 7 AAC 127. Community First Choice Services, is proposed to be changed as follows:
    • Amend to update the title of the chapter.
  • 7 AAC 145. Medicaid Payment Rates, is proposed to be changed as follows:
    • Amend to (1) include updates related to rate-setting; and (2) add references related to Community First Choice and long-term care services and supports, and targeted case management services.
  • 7 AAC 160.900. Medicaid Program; General Provisions. Requirements adopted by reference, is proposed to be changed as follows:
    • Amend to update documents adopted by reference.
This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on October 17, 2022, concerning the regulations contained in the Department of Law file number 2022200494. This SUPPLEMENTAL NOTICE is being issued by the Department of Health to include the Cost Survey document adopted by reference that is related to the proposed changes.
PLEASE NOTE: The Department of Health has (1) included a detailed Rate File Calculation document (to explain the rate calculations) as an attachment to the public notice published on the Alaska Online Public Notice System; and (2) posted a recorded message (video) that provides an overview of how the adopted by reference rates in the Rate Charts were developed. The recorded message (video) may be viewed at the State of Alaska, Department of Health, Division of Senior and Disabilities Services (SDS) website at
https://health.alaska.gov/dsds/Pages/regulations/ProposedRegulations.aspx. If you have questions about the recorded message (video) or have difficulty accessing it, please contact Jetta Whittaker by e-mail at doh.sds.regulations@alaska.gov, or by telephone at (907) 717-0097.

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, Division of Senior and Disabilities Services, Attention: Jetta Whittaker, P.O. Box 110680, Juneau, Alaska 99811-0680. Additionally, the Department of Health will accept comments by facsimile at (907) 465-1170 and by electronic mail at doh.sds.regulations@alaska.gov. The comments must be received no later than 5:00 p.m. on Friday December 9, 2022.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on November 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 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 Jetta Whittaker, by e-mail at
doh.sds.regulations@alaska.gov or mail at the State of Alaska, Department of Health, 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 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 Jetta Whittaker by electronic mail at doh.sds.regulations@alaska.gov or (907) 717-0097 not later than November 7, 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 doh.sds.regulations@alaska.gov or (907) 717-0097.

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 47.07.036; AS 47.07.040; AS 47.07.045; AS 47.07.085.

Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.05.012; AS 47.07.030; AS 47.07.036; AS 47.07.040; AS 47.07.045; AS 47.07.085.

Fiscal information (in thousands of dollars): It is estimated that the proposed regulation changes will require increased appropriations as follows: FY2023, $13,600; FY2024, $13,600; FY2025, $13,600.

The Division of Senior & Disabilities Services/Department of Health 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 Senior & Disabilities Services/Department of Health 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 at doh.sds.regulations@alaska.gov, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

DATE: October 14, 2022.
/s/Adam Crum
Commissioner,
Department of Health
State of Alaska.

Amendments to Regulations on Electronic Visit Verification for Home Health and Specialized Private Duty Nursing Services

Notice of Proposed Regulations on Electronic Visit Verification for Home Health and Specialized Private Duty Nursing Services


NOTICE OF PROPOSED CHANGES ON MEDICAID ELECTRONIC VISIT VERIFICATION REQUIREMENTS 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 requirements for a provider of Medicaid-funded home health care and specialized private-duty nursing services to use an electronic visit verification (EVV) system to monitor in-home service delivery, including the following:

    • 7 AAC 105.230. Medicaid Provider and Recipient Participation. Requirements for provider records, is proposed to be changed as follows:
       o Amend introductory language.

    • 7 AAC 125. Medicaid Coverage; Personal Care Services and Home Health Care Services.

Add a new section that requires a provider of home health care services to use an EVV system.
    
    • 7 AAC 130.285. Medicaid Coverage; Home and Community-Based Waiver Services
       o Add a new subsection that requires a provider of specialized private-duty nursing services to use an EVV system.
       o Add new subsections related to the EVV requirements for specialized private-duty nursing 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, Division of Senior and Disabilities Services, Attention: Jetta Whittaker, P.O. Box 110680, Juneau, Alaska 99811-0680. Additionally, the Department of Health 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 August 26, 2022.

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, 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 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 August 18, 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.

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 47.07.030; AS 47.07.040.

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

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

The Division of Senior & Disabilities Services/Department of Health 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 Senior & Disabilities Services/Department of Health 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 at jetta.whittaker@alaska.gov , giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

DATE: July 13, 2022
/s/Adam Crum, Commissioner
Department of Health
State of Alaska


Amendments to Level-of-Care Determination for Community First Choice, Home & Community-Based Waiver, & ICF/IID Services

Notice of Proposed Amendments to Regulations

The Department of Health & Social Services proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with the process for making level-of-care determination for services related to Community First Choice services, home and community-based waiver, and intermediate care facility for individuals with intellectual disabilities, including the following:

  • 7 AAC 127. Community First Choice Program; 7 AAC 130. Medicaid Coverage; Home and Community- Based Waiver Services; and 7 AAC 140. Medicaid Coverage; Facility and Facility-Based Services, are proposed to be changed as follows:
    • Align the level-of-care determination process with the
      1. current practice for home and community-based waiver services waivers;
      2. intermediate care facilities for individuals with intellectual disabilities services;
      3. federal definition of developmental and intellectual disability.

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
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 25, 2022.

You may provide oral comments relevant to the proposed action via telephone at the hearing to be held on January 6, 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 12:00p.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 by e-mail to Jetta Whittaker or mail at
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 or 907-465-1605 not later than December 29, 2021, 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 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 47.07.030; AS 47.07.036; AS 47.07.040; AS 47.07.045.

Statutes being implemented, interpreted, or made specific: AS 47.05.010; AS 47.07.030; AS 47.07.036; AS 47.07.040; AS 47.07.045.

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

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