SB 154 — An Act establishing the Home Care Employment Standards Advisory Board; relating to payment for personal care services; and providing for an effective date.

34-LS0836\N34-LS0836\A SPONSOR SUBSTITUTE FOR SENATE BILL NO.

154 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECONDFIRST SESSION BY SENATORS YUNDT,YUNDT Dunbar, Bjorkman, Giessel, Tobin, Gray-Jackson Introduced:

4/22/254/2/25 Referred:

SB0154BSB0154A -1- SSSBSB 154 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\N34-LS0836\A (A) two voting members who represent covered providers, including at least one agency that provided at least 700,000 units of personal care services during the previous calendar year and one agency that provides habilitation services;

SSSBSB 154 -2- SB0154BSB0154A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\N34-LS0836\A Sec.

A meeting may be held in person or by teleconference or other electronic means.

(E) the effect of workforce shortages on service recipients and on family members and friends of service recipients providing unpaid care, including compliance with federal requirements to report information to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, regarding wait times for covered services SB0154BSB0154A -3- SSSBSB 154 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\N34-LS0836\A and the percentage of authorized hours for covered services;

(b) A state agency that receives a reasonable request for data,information information, or testimony from the board shall comply with the request as soon as is reasonably practicable, and, when the board requests direct testimony for a board meeting, the head of the agency or the designee of the head of the agency shall appear at the meeting and provide testimony.

(c) The department shall ensure the board has access to current and proposed payment rates, payment adequacy reporting information for covered services that is provided by the state to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, as required by federal law, and access to metrics created by the state that contain information regarding wait times for covered services and the percentage of authorized hours for covered services.

(a) The board shall biennially prepare a written reportreport, in digital format, submit the report to the commissioner, the legislative committees having jurisdiction over health and social services, and the chief clerk of the house of representatives and the senate secretary, and notify the legislature that the report is available.

The commissioner shall make the report and all materials presented before the board available to the public on the department's Internet website.

SB 154 -4- SB0154A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\A (3) safe and healthy working conditions for workers providing covered services;

(5) reducing the level of unpaid care in the state and systemic SSSB 154 -4- SB0154B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\N overreliance on family members and friends of service recipients who provide unpaid care;

(c) TheUpon departmentreceiving shall take the recommendationsbiennial ofreport, the boardcommissioner intoshall considerationreview whenthe settingboard's ratesfindings forand coveredrecommendations. services.

IfThe thecommissioner ratemay set(1) byaccept theor departmentreject for a coveredrecommendation; service differs significantly from the rate recommended by the board, the commissioner shall notify the board and the chair of each legislative committee having jurisdiction of health and social services in writing.

and (2) require the board to conduct new or further investigations and develop new recommendations.

(d) If the commissioner accepts a recommendation in the biennial report, the department shall adopt regulations necessary to implement the recommendation.

If the commissioner rejects a recommendation in the biennial report, the commissioner shall provide a written explanation of the commissioner's decision to all board members and the legislative committees having jurisdiction over health and social services.

If the reason for rejection includes budgetary constraints, the commissioner shall work with the Office of the Governor and the legislature to develop a budget proposal that would allow the commissioner to accept the recommendation.

44.29.940.

Publication of reports.

On July 1 of each year, or within 30 days after receiving the biennial report from the board, the department shall publish on the department's publicly available Internet website an annual report containing the weighted average of and median hourly wages, by agency, for workers providing covered services.

Sec.

SB0154A -5- SB 154 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\A (2) "commissioner" means the commissioner of health;

(3) "covered provider" means an eligible Medicaid provider certifiedenrolled bywith the department to provide one or more covered services;

1396n, under AS 47.07.030, or under a waiver in SB0154B -5- SSSB 154 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\N accordance with 42 U.S.C.

(g) The department may grant to an agency providing home and community- based services a hardship exemption from the requirements of (f) of this section if the SB 154 -6- SB0154A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\A agency is facing extraordinary circumstances or is a small provider, as defined by the department.

(a) The first SSSB 154 -6- SB0154B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\N meeting of the Home Care Employment Standards Advisory Board established under AS 44.29.900, added by sec.

PRELIMINARY INTERNET WEBSITE PUBLICATION.

Notwithstanding SB0154A -7- SB 154 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0836\A AS 44.29.940, added by sec.

1 of this Act, the Department of Health shall make the first publication of the reports required by AS 44.29.940, added by sec.

1 of this Act, on the department's Internet website not later than July 1, 2026.

* Sec.

5.

The uncodified law of the State of Alaska is amended by adding a new section to read:

5.6.

45 of this Act;

6.7.

45 of this Act or determines that approval is not necessary under sec.

56 of this Act.