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7 AAC 57.940. Children with special needs

For purposes of this chapter, a child has special needs if the child

(1) has been identified as not functioning according to age-appropriate expectations in the areas of affective, cognitive, communicative, perceptual, motor, physical, or social development to the extent that the child may require help, program adjustments, or related services on a regular basis in order to function in an adaptive manner;

(2) requires health and related services of a type or amount beyond that typically required by a child in the child's age group; or

(3) may require one or more of the following services:

(A) specialized care for a particular condition;

(B) a specially trained caregiver;

(C) frequent monitoring of the child's health or medical needs;

(D) very close supervision;

(E) frequent intervention;

(F) aided physical movement.

History: Eff. 6/23/2006, Register 178

Authority: AS 47.29.020

AS 47.32.010

AS 47.32.030

7 AAC 57.990. Definitions

(a) In this chapter, unless the context requires otherwise,

(1) "behavioral health problem" means a mental disorder, substance use disorder, or co-occurring disorder;

(2) "caregiver" includes an administrator, child care associate, employee, student intern, substitute, or other individual in a child care facility whose duties include care and supervision of children, with or without compensation;

(3) "center" means a child care center;

(4) "child care" or "care" means the supervision and provision of developmental opportunities, with or without compensation, to a child who does not have a parent present; "child care" or "care" includes services in or away from the child care facility;

(5) "child care associate" means an individual who meets the requirements set out in 7 AAC 57.330;

(6) "child care center" means a child care facility for 13 or more children;

(7) "child care group home" means a child care facility, usually in an occupied residence, for nine to 12 children;

(8) "child care home" means a child care facility, usually in an occupied residence, for no more than eight children;

(9) "child in care" means a child receiving care in a child care facility;

(10) "co-occurring disorder" means having both a substance use disorder and an emotional or psychiatric disorder;

(11) "CPR" means cardiopulmonary resuscitation;

(12) "department" means the Department of Health and Social Services;

(13) "domestic violence" has the meaning given in AS 18.66.990 ;

(14) "domestic violence problem" means the individual

(A) has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for a crime involving domestic violence listed in AS 18.66.990 (3); or

(B) is or has been subject to a protective order issued or filed under AS 18.66 or a substantially similar law or ordinance of another jurisdiction;

(15) "facility" means a child care facility described in 7 AAC 57.010(b) ;

(16) "group home" means a child care group home;

(17) "home" means a child care home or a child care group home;

(18) "IFSP" means individualized family service plan;

(19) repealed 2/9/2007;

(20) "infant" means a child from birth to 19 months of age;

(21) "kindergartner" means a child age five or six;

(22) "nighttime care" means care between the hours of 10:00 p.m. and 6:00 a.m.;

(23) "owner" means the person licensed to operate a child care facility;

(24) "parent" means a birth or adoptive parent or a legal guardian;

(25) "part-time caregiver" means an individual in a child care facility whose duties include care and supervision of children in care, with or without compensation, for 15 hours or less per week;

(26) "physician" has the meaning given in 12 AAC 40.990;

(27) "preschooler" means a child age three or four;

(28) "relative" means an individual who is related to another by marriage, blood relationship, or court decree; "relative" includes a parent, child, grandparent, great grandparent, brother, sister, stepparent, stepsister, stepbrother, aunt, uncle, great-aunt, great-uncle or step-grandparent;

(29) "school age" means age seven through age 18;

(30) "substance use disorder" means a diagnostic category that meets the criteria set out in the following documents, as amended from time to time and adopted by reference:

(A) the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, dated June 2013 (DSM-5);

(B) the International Classification of Diseases - 10th Revision, Clinical Modification, 2016, (ICD-10-CM), based on information compiled by the United States Department of Health and Human Services, and published by the American Medical Association;

(31) "supervision of children" means the protective oversight of children including

(A) a prudent level of awareness of and responsibility for a child's ongoing activity;

(B) knowledge of the child care program provided by the facility, including applicable policies and procedures, the applicable requirements of this chapter, and children's needs; and

(C) the degree of supervision indicated by a child's age, developmental level, and physical, emotional, and social needs;

(32) "toddler" means a child age 19 months to age 36 months;

(33) "young child" means a child age birth up to age nine.

(34) "on-site" means present in the child care entity as defined in 7 AAC 57.010(b) (3).

(b) In AS 47.32, for purposes of this chapter, and in this chapter,

(1) "administrator" means an individual who has general administrative charge and oversight over a facility subject to this chapter;

(2) "child" means an individual under 13 years of age, or an individual under 18 years of age with a developmental disability;

(3) "child care facility" means a facility described in 7 AAC 57.010(b) ;

(4) "license" means a license issued under AS 47.32 and this chapter;

(5) "licensee" means a person who has been issued a license under AS 47.32 and this chapter.

History: Eff. 6/23/2006, Register 178; am 2/9/2007, Register 181; am 5/15/2016, Register 218

Authority: AS 44.29.020

AS 47.32.030

Editor's note: The American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, adopted by reference in 7 AAC 57.990(a) , may be purchased from the American Medical Association at (800) 621-8335; from American Psychiatric Association - Publishing, Inc., 1000 Wilson Boulevard, Suite 1825, Arlington, Virginia 22209-3901, telephone (703) 907-7322 or (800) 368-5777; or from the American Psychiatric Association - Publishing, Inc. at the following Internet address: https://appi.org. The manual is also available for inspection at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 3601 C Street, Suite 140, Anchorage, Alaska 99524.

The International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM), adopted by reference in 7 AAC 57.990(a) , may be purchased by writing to the American Medical Association, P.O. Box 930876, Atlanta, GA 31193 or visiting its website at https://commerce.ama-assn.org/store/. The manual is also available for inspection at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 3601 C Street, Suite 140, Anchorage, Alaska 99524.

On January 29, 2016, as required by AS 44.62.245 and AS 47.05.012 , the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on October 1, 2015: the 2016 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 619 E. Ship Creeke Avenue, Suite 244, Anchorage, Alaska.

On March 1, 2017, as required by AS 44.62.245 and AS 47.05.012 , the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2017: the 2017 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, Division of Public Assistance, Child Care Program Office, 619 E. Ship Creeke Avenue, Suite 244, Anchorage, Alaska.

On March 11, 2018, as required by AS 44.62.245 and AS 47.05.012 , the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2018: the 2018 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

On March 12, 2019, as required by AS 44.62.245 and AS 47.05.012 , the department gave notice that the following amended version of material, previously adopted by reference in 7 AAC 57.990, would be in effect on January 1, 2019: the 2019 version of the American Medical Association's International Classification of Diseases - 10th Revision, Clinical Modification, (ICD-10-CM). The amended version may be reviewed at the Department of Health and Social Services, 3601 C Street, Suite 902, Anchorage, Alaska 99503.

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Chapter 60
Adult Institutions

Relocated 7/84

Editor's note: As of Register 90 (July, 1984), 7 AAC 60 has been relocated to 22 AAC 05, in recognition of the creation of the Department of Corrections by Executive Order No. 55.

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Chapter 67

Reserved

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Part 5
Services for Behavioral Health Recipients, Seniors, and Persons with a Disability

Chapter

70. Behavioral Health Services. (7 AAC 010 - 7 AAC 990)

71. Community Mental Health Services. (7 AAC 71.010 - 7 AAC 71.990)

72. Civil Commitment. (7 AAC 72.010 - 7 AAC 72.900)

74. Alaska Pioneers' Homes. (7 AAC 74.010 - 7 AAC 74.990)

75. Assisted Living Homes. (7 AAC 75.010 - 7 AAC 75.990)

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Chapter 70
Behavioral Health Services

Article

1. Applicability and Scope. (7 AAC 70.010 - 7 AAC 70.060)

2. Behavioral Health Services Provider Qualifications. (7 AAC 70.100 - 7 AAC 70.160)

3. Interim Behavioral Health Services Provider Standards for Operation. (7 AAC 70.200 - 7 AAC 70.260)

4. General Provisions. (7 AAC 70.900 - 7 AAC 70.990)

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Article 1
Applicability and Scope

Section

10. Applicability.

30. Department approval of a provider of behavioral health services.

50. Recipient eligibility for state-financed behavioral health services.

60. Recipient rights.

7 AAC 70.010. Applicability

(a) This chapter applies to

(1) a community behavioral health services provider, including

(A) a community mental health services provider receiving money from the department under AS 47.30.520 - 47.30.620; and

(B) a substance use treatment provider receiving money from the department under AS 47.30.475 or AS 47.37.045 ;

(2) a substance use treatment provider that is subject to the requirements of AS 47.37, but does not receive money under AS 47.37, including an opioid use disorder treatment program or a substance use treatment provider that provides treatment to individuals referred by an alcohol safety action program; in this paragraph, "treatment" does not include services designed solely to provide support, advocacy, education, referral, or other assistance navigating the behavioral health services available to the recipient; and

(3) a substance use treatment program operated for the Department of Corrections under AS 33.30.

(b) This chapter does not apply to

(1) an independent mental health practitioner providing diagnostic testing and evaluation services for which the practitioner is billing Medicaid under AS 47.07 and 7 AAC 105 - 7 AAC 160;

(2) a mental health physician clinic providing mental health clinic services for which the provider is billing Medicaid under AS 47.07 and 7 AAC 105 - 7 AAC 160; or

(3) an inpatient psychiatric hospital; or

(4) a behavior analyst or assistant behavior analyst licensed under AS 08.15, or a behavior analyst group practice enrolled under 7 AAC 105.210.

(c) In this section,

(1) "alcohol safety action program" has the meaning given in AS 28.35.039 ;

(2) "inpatient psychiatric hospital" has the meaning given in 7 AAC 160.990(b) .

History: Eff. 10/1/2011, Register 199; am 4/9/2017, Register 222; am 7/1/2018, Register 226

Authority: AS 47.05.010

AS 47.30.470

AS 47.30.475

AS 47.30.477

AS 47.30.530

AS 47.30.540

AS 47.30.570

AS 47.37.140

7 AAC 70.030. Department approval of a provider of behavioral health services

(a) The department will approve an organization to provide behavioral health services in this state only if that organization

(1) meets the requirements for

(A) a community behavioral health services provider under 7 AAC 70.100 that is providing one or more of the following:

(i) behavioral health clinic services;

(ii) behavioral health rehabilitation services;

(iii) detoxification services;

(iv) residential substance use treatment services in accordance with 7 AAC 70.120;

(v) opioid use disorder treatment services;

(vi) autism services in accordance with 7 AAC 135.350; or

(B) a substance use treatment provider under 7 AAC 70.130; and

(2) is accredited or working toward accreditation in accordance with 7 AAC 70.150.

(b) In an approval issued under this section, the department will identify

(1) one or more of the services identified in (a)(1)(A) of this section for which the provider is approved, if the department approves the provider as a community behavioral health services provider;

(2) the service area for which the provider is approved; and

(3) the physical locations approved by the department based upon the physical locations the provider has reported to the department.

(c) If a provider is accredited under 7 AAC 70.150, the department will approve a behavioral health services provider for a fixed period of time that expires on the same date the provider's certificate of accreditation expires. Except as provided in (e) of this section, if the provider is not accredited, the department will approve a behavioral health services provider for a fixed period of three years from the date the department issued the approval.

(d) The department will issue a provisional approval to a behavioral health services provider who otherwise meets the requirements of this chapter to allow the provider sufficient time to

(1) obtain national accreditation in accordance with 7 AAC 70.150; or

(2) if being approved before July 1, 2015, obtain national accreditation or meet all of the interim behavioral health standards in 7 AAC 70.200 - 7 AAC 70.260.

(e) The department will issue a provisional approval under (d) of this section for up to two years from the date the department issued the provisional approval. However, the department will issue an opioid use disorder treatment program a provisional approval for a maximum of only one year.

(f) As it considers necessary for compliance by the provider with 7 AAC 70.100 or 7 AAC 70.130, or as it considers necessary to protect the health, safety, or well-being of a recipient of the provider's services, the department will impose a temporary or permanent special condition on an approval issued under this section.

(g) A department approval issued under this section is not transferable.

(h) A behavioral health services provider shall display the department approval in a prominent location that is visible to the public in the provider's primary workplace.

(i) If the department denies an approval under this section, the department will notify the provider in writing.

(j) To appeal the denial of an approval under this section, or to appeal a temporary or permanent special condition placed on the approval, a provider must submit a timely notice of appeal in writing to the department. A notice of appeal is timely if the department receives it no later than 30 days after the date that the department issues the notice of denial or the approval with the condition. The appeal will be conducted in accordance with AS 44.62.330 - 44.62.630.

(k) If during the approval period the department finds that the provider is out of compliance with the requirements of this chapter, the department will take action under 7 AAC 70.900.

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