SB 98 — An Act relating to adult adoption; relating to medical assistance for recipients of adult home care services; establishing an adult home care home license and procedures; providing for the transition of individuals from foster care to adult home care settings; and providing for an effective date.

(b)SB The98 following-2- entitiesSB0098A areNew subjectText toUnderlined this[DELETED chapterTEXT andBRACKETED] regulations32-GS1708\A adopted(1) underambulatory thissurgical chaptercenters; by the Department of Health:

(1) ambulatory surgical centers;

(4) freestandingchild birthplacement centers;agencies;

(5) homefoster healthhomes; agencies;

(6) hospices,freestanding orbirth agenciescenters; providing hospice services or operating hospice programs;

(7) hospitals;home health agencies;

(8) intermediatehospices, careor facilitiesagencies forproviding individualshospice withservices an intellectual disability or relatedoperating condition;hospice programs;

(9) maternityhospitals; homes;

(10) nursingintermediate facilities;care facilities for individuals with an intellectual disability or related condition;

(11) residentialmaternity childhomes; care facilities;

(12) residentialnursing psychiatricfacilities; treatment centers;

(13) ruralresidential healthchild clinics;care facilities;

(14) crisisresidential stabilizationpsychiatric treatment centers;

(15) adultrunaway homeshelters; care homes.

(16) rural health clinics;

(17) crisis stabilization center;

(18) adult foster care homes.

4.3.

Adult homefoster care home license.license;

(a)variance. The department may issue a license to a person to operate an adult home care home to provide 24-hour care on a SB0098B -3- CSSB 98(FIN) New Text Underlined [DELETED TEXT BRACKETED] 32-GS1708\W continuing basis in that person's residence for an individual who is (1) 18 years of age or older;

(2)(a) enrolledThe indepartment medicalmay assistancelicense undera ASperson 47.07.020to andoperate an adult foster home andfor community-baseda waiverminor serviceswhen the minor turns 18 years of age if the person (1) holds a license under ASthis 47.07.045.chapter to operate a foster home at the time of application;

(b)(2) Anis adultproviding home care homefor may provide 24-hour care on a continuingminor basiswho tois notor morewho, thanat two individuals, or, if the hometime hasof receivedturning specific18 authorizationyears fromof theage, departmentwas to(A) servein more than two individuals, to the numbercustody of individuals specifically authorized, for compensation or reimbursement for approved services provided to the individualsstate; under AS 47.07.048.

In(B) thisresiding subsection,in "care" means to provide for or oversee the physical,person's mental,licensed andfoster socialcare needshome; of an individual.

(c)and The(C) departmentreceiving shallhome streamlineand thecommunity-based applicationwaiver andservices licensingSB0098A paperwork-3- necessarySB for98 aNew personText toUnderlined be[DELETED approvedTEXT asBRACKETED] an32-GS1708\A adultunder homeAS care47.07.045. home.

(d)(b) IfThe andepartment adultshall homestreamline carethe homeapplication doesand notlicensing meetpaperwork applicablenecessary buildingfor codea requirementsperson atto thebe timeapproved ofas inspection,an theadult departmentfoster shallcare informhome. the applicant how to obtain a variance.

(c) The department shall honorapprove a variance obtainedof the applicable building code requirements for licensure of an adult foster care home to the extent permitted by federal law if an applicant does not meet the applicant.requirements at the time of inspection and (1) the home design and construction is consistent with homes located in the community;

(e)and In(2) thisthe section,home "department"is meansotherwise a safe environment for the Departmentindividual ofreceiving Health.care.

4.

AS 47.32.900 is amended by adding a new paragraph to read:

(23) "adult foster care home" means a residence in which the adult head of household provides 24-hour care on a continuing basis to not more than two adults for compensation or reimbursement for approved services provided to an individual eligible under AS 47.07.048 unless the provider has received a variance from the department to serve more than two adults or children;

in this paragraph, "care" means to provide or oversee for the physical, mental, and social needs of an individual.

* Sec.

MEDICAIDWAIVERS. STATE PLAN.

The Department of Health shalland submitSocial asServices necessaryshall submit for approval by the United States Department of Health and Human Services amendmentsan amendment to the state planplan, underthe AS1915(c) 47.07.040,waivers, or a section1115 1915(c)demonstration waiver,waiver orto allow eligible individuals to receive adult foster care services, including, if approved as not being a sectionduplicative 1115service, demonstrationallowing waiverother long-term care services under 42 U.S.C.

1396 - 1396p (Social(Title XIX, Social Security Act) towhile allowreceiving enrolled individuals to receive adult homefoster care services under ASthis 47.07.048,Act. enacted by sec.

2In of this Act,section, including,"adult iffoster approvedcare ashome" nothas beingthe ameaning duplicativegiven service,in allowingAS other47.32.900, long-termas careamended servicesby undersec. 42 U.S.C.

13964 -of 1396pthis (TitleAct. XIX, Social Security Act) while receiving adult home care services under AS 47.07.048(c), enacted by sec.

2 of this Act.

CONDITIONALREVISOR'S EFFECT;INSTRUCTION.

NOTIFICATION.(a) If this Act and an executive order submitted by the governor to the Thirty-Second State Legislature in the First Regular Session reorganizing the SB 98 -4- SB0098A New Text Underlined [DELETED TEXT BRACKETED] 32-GS1708\A Department of Health and Social Services both become law, the revisor of statutes is requested to give effect to both the provisions of this Act and the executive order by changing the "Department of Health and Social Services" to the "Department of Health." (b) If this Act and an Act amending the term "crisis stabilization center" to read "subacute mental health facility" both become law, the revisor of statutes is requested to give effect to both Acts.

(a)SB0098A Section-5- 2SB of98 thisNew ActText takesUnderlined effect[DELETED onlyTEXT if,BRACKETED] and to the extent that, before July 1 2027, the United States Department of Health and Human Services approves amendments submitted according to sec.

5 of this Act.

CSSB 98(FIN) -4- SB0098B New Text Underlined [DELETED TEXT BRACKETED] 32-GS1708\W (b) The commissioner of health shall notify the revisor of statutes in writing within 30 days after the United States Department of Health and Human Services approves amendments to the state plan.

* Sec.

7.

If AS 47.07.048, enacted by sec.

2 of this Act, or a portion of AS 47.07.048, enacted by sec.

2 of this Act, takes effect, it takes effect on the day after the date the revisor of statutes receives notice from the commissioner of health under sec.

6(b) of this Act.

* Sec.

8.

Except as provided in sec.

7 of this Act, this Act takes effect July 1, 2022.

SB0098B -5- CSSB 98(FIN) New Text Underlined [DELETED TEXT BRACKETED]