HB0073a -1- HB 73 New Text Underlined [DELETED TEXT BRACKETED] 34-GH1493\A HOUSE BILL NO. 73 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 1/27/25 Referred: Health and Social Services, Finance A BILL FOR AN ACT ENTITLED "An Act relating to complex care residential homes; and providing for an effective 1 date." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 47.32.010(b) is amended to read: 4 (b) The following entities are subject to this chapter and regulations adopted 5 under this chapter by the Department of Health: 6 (1) ambulatory surgical centers; 7 (2) assisted living homes; 8 (3) child care facilities; 9 (4) freestanding birth centers; 10 (5) home health agencies; 11 (6) hospices, or agencies providing hospice services or operating 12 hospice programs; 13 (7) hospitals; 14 34-GH1493\A HB 73 -2- HB0073a New Text Underlined [DELETED TEXT BRACKETED] (8) host care homes; 1 (9) intermediate care facilities for individuals with an intellectual 2 disability or related condition; 3 (10) maternity homes; 4 (11) nursing facilities; 5 (12) residential child care facilities; 6 (13) residential psychiatric treatment centers; 7 (14) rural health clinics; 8 (15) subacute mental health facilities; 9 (16) complex care residential homes. 10 * Sec. 2. AS 47.32.900(2) is amended to read: 11 (2) "assisted living home" 12 (A) means a residential facility that serves three or more adults 13 who are not related to the owner by blood or marriage, or that receives state or 14 federal payment for services regardless of the number of adults served; the 15 Department of Health shall consider a facility to be an assisted living home if 16 the facility 17 (i) provides housing and food services to its residents; 18 (ii) offers to provide or obtain for its residents 19 assistance with activities of daily living; 20 (iii) offers personal assistance as defined in 21 AS 47.33.990; or 22 (iv) provides or offers any combination of these 23 services; 24 (B) does not include 25 (i) a correctional facility; 26 (ii) an emergency shelter; 27 (iii) a program licensed under AS 47.10.310 for 28 runaway minors; 29 (iv) a type of entity listed in AS 47.32.010(b)(6) - (11), 30 (16), or (c)(2); 31 34-GH1493\A HB0073a -3- HB 73 New Text Underlined [DELETED TEXT BRACKETED] * Sec. 3. AS 47.32.900(11) is amended to read: 1 (11) "hospital" means a public or private institution or establishment 2 devoted primarily to providing diagnosis, treatment, or care over a continuous period 3 of 24 hours each day for two or more unrelated individuals suffering from illness, 4 physical or mental disease, injury or deformity, or any other condition for which 5 medical or surgical services would be appropriate; "hospital" does not include a 6 frontier extended stay clinic or a complex care residential home; 7 * Sec. 4. AS 47.32.900 is amended by adding a new paragraph to read: 8 (22) "complex care residential home" means a residential setting that 9 provides 24-hour multi-disciplinary care on a continuing basis to not more than 15 10 individuals with mental, behavioral, medical, or disability-related needs that require 11 specialized care, services, and monitoring. 12 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 MEDICAID STATE PLAN; WAIVERS. The Department of Health shall, a s 15 necessary for federal approval by the United States Department of Health and Human 16 Services, submit amendments to the state plan for medical assistance coverage or apply for 17 any waivers necessary to implement secs. 1 - 4 of this Act. 18 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONDITIONAL EFFECT; NOTIFICATION. (a) Sections 1 - 4 of this Act take effect 21 only if, and to the extent that, the United States Department of Health and Human Services 22 approves, on or before July 1, 2031, waivers or amendments to the state plan submitted under 23 sec. 5 of this Act. 24 (b) The commissioner of health shall notify the revisor of statutes in writing within 30 25 days after the United States Department of Health and Human Services approves the waivers 26 or amendments to the state plan. 27 * Sec. 7. If secs. 1 - 4 of this Act take effect, they take effect the day after the United States 28 Department of Health and Human Services approves the waivers or amendments to the state 29 plan submitted under sec. 5 of this Act. 30