Notice of Regulatory Amendments on Day Habilitation Definition and Service Limits

The following Online Public Notice about proposed regulations amendments was issued on Thursday August 8, 2019.  A separate Notice and E-Alert on the corresponding waiver amendments will be issued as soon as they are posted to the SDS webpage and available for review.

The Department of Health & Social Services proposes to adopt regulation changes in Title 7 of the Alaska Administrative Code, dealing with Medicaid coverage, home and community-based waiver services, limitations on day habilitation services, including the following:

  • 7 AAC 130.260(a) is proposed to be amended to use current terminology;
  • 7 AAC 130.260 (b) is proposed to be repealed and readopted to describe day habilitation;
  • 7 AAC 130.260 (c) is proposed to be repealed and readopted to describe recipient eligibility and department approval for a limited amount of additional time above the limit for day habilitation services, and the method for seeking approval for that additional time;
  • 7 AAC 130.260 is proposed to be amended to add a new subsection define new terms;
  • 7 AAC 130.319 is proposed to be amended to add new definitions;
  • 7 AAC 160.900(d) is proposed to be amended to add the most recent version of the Day Habilitation Services Conditions of Participation.

 

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 Ms. Jetta Whittaker at the Department of Health & Social Services, Division of Senior & Disabilities Services, P.O. Box 110680, Juneau, AK 99811. Additionally, the Department of Health & Social Services 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 p.m. on September 30, 2019.

Oral or written comments also may be submitted at two hearings to be held on September 13, 2019, at the Atwood Building, in Room 102, 550 W 7th Avenue, Anchorage, AK 99503. The hearings will be held from 2 p.m. to 4 p.m., and from 5:00 p.m. to 7 p.m. The hearings might be extended to accommodate those present 30 minutes before the scheduled ending of each hearing who did not have an opportunity to comment. If you are unable to attend in person, but would like to comment during the oral public hearing, you can call the teleconference Toll Free Access number 1-(800) 618-4714.

You may submit written questions relevant to the proposed action to the Department of Health & Social Services by e-mail at jetta.whittaker@alaska.gov or at the Department of Health & Social Services, Division of Senior & Disabilities Services, P.O. Box 110680, Juneau, AK 99811. 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 in order to participate in this process, please contact Ms. Jetta Whittaker at jetta.whittaker@alaska.govor at (907) 465-1605 not later than September 3, 2019, 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 the SDS Regulations webpage, or  by contacting Ms. Jetta Whittaker at jetta.whittaker@alaska.gov or at (907) 465-1605.

A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System and the SDS Regulations webpage, and may be viewed at the agency’s office at Department of Health & Social Services, Senior & Disabilities Services, 240 Main Street, Juneau, AK 99801.

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. Written comments received are public records and are subject to public inspection.

Statutory authority: AS 47.05.010; AS 47.05.012; AS 47.07.030; AS 47.07.040.

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

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