Alaska Administrative Code

In this chapter, (1) "commissioner" means the commissioner of the Department of Health and Social Services; and (2) "department" means the Department of Health and Social Services. Notes 7 AAC 80.990 Eff. 12/6/86, Register 100 Authority:AS 44.29.020 AS 44.29.022 AS 47.05.010 Stat…

Except as provided in 7 AAC 81.020, this chapter applies to grant program services that the department provides to an individual. Notes 7 AAC 81.010 Eff. 7/21/2002, Register 163; am 6/24/2004, Register 170 Authority:AS 18.05.040 AS 18.08.010 AS 18.08.080 AS 18.25.100 AS 18.28.010…

(a) If a state or federal statute or regulation addresses a particular grant program and is inconsistent with a provision of this chapter, the state or federal statute or regulation supersedes the provision of this chapter. (b) The department may waive the requirements of this ch…

The department may obtain grant program services from an individual, organization, or political subdivision of the state by means of a provider agreement if the services to be provided are restricted to an individual determined by the department to be eligible to receive services…

(a) A provider may receive payment from the department for services provided under a provider agreement if (1) the services are eligible for payment under the grant program; (2) the department has determined that the individual on whose behalf payment is being requested is eligib…

(a) At least once every two years, the department will give public notice to inform potential providers of grant services that the department may enter into provider agreements for the provision of those services by eligible providers. (b) The department will post a public notice…

(a) If a potential provider is interested in entering into a provider agreement with the department, the potential provider must send a letter to the department contact person identified in the public notice issued under 7 AAC 81.050, expressing interest, and must include the doc…

(a) In addition to any requirements specific to a grant program, the department will address the following in a provider agreement: (1) the services for which payment will be made; (2) that failure to meet the terms of the agreement, at any time, may result in termination of the …

(a) The department may refer eligible recipients to providers or may allow recipients to select providers. (b) Repealed 6/24/2004. (c) If a recipient chooses an individual, organization, or political subdivision to provide services for which the individual, organization, or polit…

(a) Subject to prior department approval, a provider may enter into a subcontract for the performance of a service covered by the provider agreement only if the provider (1) remains administratively and financially responsible for the service and is responsible for the performanc…

(a) The provider shall post in conspicuous places, accessible to employees and applicants for employment, at each location that services are provided under the provider agreement, notices setting out the provisions of AS 18.80.220. (b) The provider shall state, in solicitations o…

(a) The provider shall comply with the requirements of the following federal statutes: (1) 42 U.S.C. 2000 d (Civil Rights Act of 1964); (2) 41 U.S.C. 701 - 707 (Drug Free Workplace Act of 1988); (3) 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 1990). (b) The provid…

(a) If a federal or state statute or regulation requires confidentiality in a grant program, the department will establish procedures for preserving confidentiality before the department awards the provider agreement. The department will include the procedures as part of the term…

(a) A provider shall establish written policies relating to employee salaries and overtime, employee leave, employee relocation costs, use of consultants and consultant fees, training, criminal background checks, if necessary for the protection of vulnerable or dependent recipien…

A provider shall maintain the financial records and accounts of the provider agreement using accounting principles generally accepted in the United States, in a manner that permits those records and accounts to be audited as prescribed in 7 AAC 81.160. Notes 7 AAC 81.140 Eff. 7/2…

To receive money under this chapter, the provider must, if requested by the department, (1) furnish the department with confidential information about the recipients of services paid for, in whole or part, by the department and comply with applicable state or federal statutes and…

(a) The department may conduct an audit of a provider's operations at any time that the department determines that an audit is needed. The auditor may be a representative of the department or an independent certified public accountant. If the provider agreement includes money pro…

(a) A representative of the department may monitor and evaluate the performance of providers. (b) The department may enter into a contract with a third party to provide for monitoring and evaluation of provider performance under (a) of this section. Notes 7 AAC 81.170 Eff. 7/21/2…

(a) A provider shall ensure that its records, and the records of each subcontractor under 7 AAC 81.190, are protected and preserved as required by this chapter and other applicable state and federal law. The provider shall safeguard confidential information and ensure that any di…

(a) The provisions of this section apply to the records of a provider or a subcontractor that relate to a provider agreement, including the records of each recipient of service under the provider agreement, if the provider's business or organization closes or ceases to exist as a…

(a) A provider may appeal the following decisions under 7 AAC 81.210: (1) ineligibility decision under 7 AAC 81.060(c); (2) disapproval of a provider agreement under 7 AAC 81.060(d); (3) a decision to terminate an agreement under the provisions of the provider agreement. (b) The …

(a) If the commissioner appoints a hearing officer under 7 AAC 81.200(d) to hear an appeal, the hearing officer will set a date for a hearing that is no more than 15 days after the appointment. (b) The hearing officer may (1) upon the agreement of the appellant, for good cause sh…

(a) During each state fiscal year, the department will authorize the payment of costs under a provider agreement only to the extent of money allocated in the state budget for the grant program for that fiscal year. (b) The department will determine the amount of money, if any, th…

Unless the context indicates otherwise, in this chapter (1) "approval" means a written agreement or permission to proceed, signed by the department, in response to a written request from a provider for approval of a proposed action; (2) "approve" means to issue an approval; (3) "…

(a) Subject to (c) of this section, a person who is employed by the state or a political subdivision of the state to teach the use of orientation and mobility aids to blind or visually impaired students who are 16 years of age or older must satisfy one or more of the following re…

(a) Subject to (c) of this section, a person who is employed by the state or a political subdivision of the state to teach the use of assistive technology devices to blind or visually impaired students who are 16 years of age or older must satisfy one or more of the following req…

(a) In order for a person to receive payment from the state or a political subdivision of the state for teaching the use of orientation and mobility aids to blind or visually impaired students who are 16 years of age or older, the person must first certify in writing to the state…

(a) In order for a person to receive payment from the state or a political subdivision of the state for teaching the use of assistive technology devices to blind or visually impaired students who are 16 years of age or older, the person must first certify in writing to the state …

In addition to services provided as an employee in an employer-employee relationship, employment to perform services subject to the requirements of AS 47.80.400 and this chapter includes services provided by a person as (1) an independent contractor; (2) a grantee; or (3) an empl…

In this chapter, unless the context requires otherwise, (1) "approved institution of postsecondary education" means an institution of postsecondary education that is authorized to operate in this state by the Alaska Commission on Postsecondary Education under AS 14.48 or in anoth…

(a) The purpose of this chapter is to(1) standardize and simplify the management of records that contain behavioral health information; and (2) improve the quality and timeliness of reporting behavioral health information. (b) The provisions of this chapter cover electronic and o…

(a) The provisions of this chapter apply to a provider that furnishes behavioral health services paid for, in whole or in part, by the department, including (1) a community mental health center to which financial assistance is provided under AS 47.30.520-47.30.620; (2) a nonprofi…

A provider described in 7 AAC 85.010(a) shall, and a provider described in 7 AAC 85.010(b) if authorized to do so by the department may, submit to the department the information described in this section for each recipient of behavioral health services for inclusion in an electro…

(a) If the department requires a provider identified in 7 AAC 85.010 to provide information by electronic transmission, or if a provider identified in 7 AAC 85.010(b) voluntarily provides information by electronic transmission, the provider shall submit the information(1) by a se…

The department (1) will take reasonable steps as necessary to ensure that information submitted by a provider under this chapter is accurate and complete; and (2) may require a provider to correct information that is found to be inaccurate or incomplete. Notes 7 AAC 85.025 Eff. 9…

(a) Subject to the provisions of 7 AAC 85.205, information submitted to the department under this chapter about a recipient is confidential information protected under AS 11.56.860 and AS 40.25.120(a). (b) The provisions of this chapter do not affect the obligations of the depart…

(a) The department will retain control and custody of information submitted under this chapter. Except as provided in (b) of this section and allowed under (c) of this section, the department will disclose that information only in the form of nonidentifying aggregate data and onl…

Subject to 7 AAC 85.400 - 7 AAC 85.410, the department will allow access to electronic records that contain confidential information only to a (1) provider approved by the department when the provider seeks access to records that it submitted to the department under this chapter;…

If a provider that receives money from the department under AS 47.30.475, AS 47.37.030, 7 AAC 78, or 7 AAC 81 closes or ceases to exist as a service provider, the provider's records under that grant, including recipient records, are subject to the requirements of 7 AAC 78.255 or …

(a) An electronic medical record satisfies a requirement for a paper record if (1) the provider, in a written agreement with the department that is prepared by the department, (A) agrees to an electronic medical record as a substitute for a paper record; and (B) accepts responsib…

(a) The department will, and a provider, including a former provider, shall maintain all written or computerized records that are subject to this chapter in a secure room, locked file cabinet, safe, or other similar secure place when not in use. When the records are in use, the d…

The department will protect the security of an electronic information system that is provided by the department to a provider by (1) limiting access to the system and to information related to the system through dual-level authentication maintained by the provider; (2) limiting t…

The department will allow physical access to a server, database, or backup file of an electronic information system that is provided by the department to a provider, only through secure, authenticated access to a locked server or storage room. Notes 7 AAC 85.410 Eff. 9/23/2004, R…

(a) The department will destroy paper documents submitted by a provider under this chapter for inclusion in an electronic information system after the information has been entered into the system and verified. (b) The department will retain information in an electronic format as …

Unless the context indicates otherwise, in this chapter (1) "aggregate data" means recipient information that is summarized in report form without identifying information; (2) "behavioral health information" means information regarding behavioral health services; (3) "behavioral …

(a) A health care provider or health care facility that uses the American Medical Association's Current Procedural Terminology (CPT) codes in its normal course of business must annually compile a list and report to the department the health care services most commonly performed a…

(a) A health care provider or health care facility that uses the Current Procedural Terminology (CPT). codes in its normal course of business must post, as required under AS 18.23.400, the price list for the health care services most commonly performed. (b) When providing or post…

(a) A health care provider or health care facility that receives a request under (b) or (c) of this section must provide a good faith estimate under AS 18.23.400(g) and (h), regardless of whether the health care provider or health care facility uses CPT codes. (b) To get a good f…

(a) If the department receives a report that a health care provider or health care facility has failed to comply with AS 18.23.400 or this chapter, the department may investigate the matter. If the department determines that a health care provider or health care facility failed t…

(a) In AS 18.23.400, "plain language" means grammatically correct language that includes accurate word usage and communicates in a way that helps the public to easily understand the information. (b) As used in the definition of "health care service" in AS 18.23.400(n), "telemedic…