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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 88                                                                                                          
01 Changing the terms "mental retardation" and "mentally retarded," and making conforming                                  
02 changes, in Alaska Statutes.                                                                                            
03                           _______________                                                                               
04    * Section 1. AS 08.68.333(d) is amended to read:                                                                   
05            (d)  If the certified nurse aide is employed in a skilled nursing facility or a                              
06       nursing facility, other than an intermediate care facility for persons with intellectual                      
07       and developmental disabilities [THE MENTALLY RETARDED], that is                                               
08       participating in the Medicaid or Medicare program, only the state survey and                                      
09       certification agency may make, and report to the Board of Nursing, a finding that the                             
10       certified nurse aide has committed abuse, neglect, or misappropriation of property in                             
11       connection with the nurse aide's employment at the facility.                                                      
12    * Sec. 2. AS 12.47.130(5) is amended to read:                                                                      
13                 (5)  "mental disease or defect" means a disorder of thought or mood                                     
14       that substantially impairs judgment, behavior, capacity to recognize reality, or ability                          
01       to cope with the ordinary demands of life; "mental disease or defect" also includes                               
02       intellectual and developmental disabilities that result in [MENTAL                                            
03       RETARDATION, WHICH MEANS A] significantly below average general                                                   
04       intellectual functioning that impairs a person's ability to adapt to or cope with the                             
05       ordinary demands of life;                                                                                         
06    * Sec. 3. AS 14.30.350(2) is amended to read:                                                                      
07                 (2)  "child with a disability" means a child with one or more of the                                    
08       following:                                                                                                        
09                      (A)  intellectual disability [MENTAL RETARDATION];                                             
10                      (B)  learning disabilities;                                                                        
11                      (C)  emotional disturbance;                                                                        
12                      (D)  deafness;                                                                                     
13                      (E)  deaf-blindness;                                                                               
14                      (F)  hearing impairment;                                                                           
15                      (G)  orthopedic impairment;                                                                        
16                      (H)  other health impairment;                                                                      
17                      (I)  speech or language impairment;                                                                
18                      (J)  visual impairment;                                                                            
19                      (K)  multiple disabilities;                                                                        
20                      (L)  early childhood development delay;                                                            
21                      (M)  autism;                                                                                       
22                      (N)  traumatic brain injury;                                                                       
23                      (O)  developmental disability;                                                                 
24    * Sec. 4. AS 14.30.630(b) is amended to read:                                                                      
25            (b)  The agency shall                                                                                        
26                 (1)  provide special education services including                                                       
27                      (A)  itinerant outreach services to students who are deaf, deaf-                                   
28            blind, intellectually disabled, developmentally disabled [MENTALLY                                       
29            RETARDED], hearing impaired, blind and visually impaired, orthopedically                                     
30            disabled, health-impaired in other ways, and severely emotionally disturbed,                                 
31            and to students with multiple disabilities;                                                                  
01                      (B)  special education instructional support and training of local                                 
02            school district special education personnel; and                                                             
03                      (C)  other services appropriate to special education needs;                                        
04                 (2)  provide for an annual audit of the agency;                                                         
05                 (3)  provide the department with a two-year plan of operation including                                 
06       a description of the services to be offered by the agency, the method by which the                                
07       services will be evaluated, information on the number of students and school district                             
08       personnel to be served, a schedule of funds available to the agency from all sources,                             
09       and other information that may be required by the department by regulation;                                       
10                 (4)  present an annual budget to the department.                                                        
11    * Sec. 5. AS 18.15.210 is amended to read:                                                                         
12            Sec. 18.15.210. Testing for certain other heritable diseases. The department                               
13       shall administer and provide services for testing for other heritable diseases that lead                          
14       to intellectual disabilities, developmental disabilities, or both, [MENTAL                                    
15       RETARDATION] and physical disabilities as screening programs accepted by current                                  
16       medical practice and as developed.                                                                                
17    * Sec. 6. AS 18.20.140 is amended to read:                                                                         
18            Sec. 18.20.140. Purpose. The purpose of AS 18.20.140 - 18.20.220 is to make                                
19       an inventory of existing hospitals and medical facilities, community mental health                                
20       centers, and facilities for persons with intellectual and developmental disabilities                          
21       [THE MENTALLY RETARDED]; to survey the need for construction of hospitals                                         
22       and medical facilities, community mental health centers, and facilities for persons                           
23       with intellectual and developmental disabilities [THE MENTALLY RETARDED];                                     
24       and to develop a program and plan of construction for each.                                                       
25    * Sec. 7. AS 18.20.150(a) is amended to read:                                                                      
26            (a)  For each of the following groups of facilities, hospitals and medical                                   
27       facilities (Group 1), community mental health centers (Group 2), and facilities for                               
28       persons with intellectual and developmental disabilities [THE MENTALLY                                        
29       RETARDED] (Group 3), the department shall                                                                         
30                 (1)  make a statewide inventory of existing public, nonprofit, and                                      
31       proprietary facilities;                                                                                           
01                 (2)  survey the need for construction of these facilities;                                              
02                 (3)  on the basis of the inventory and survey, develop a program for the                                
03       construction of public and other nonprofit facilities for each of these groups that will,                         
04       in conjunction with existing facilities, afford the necessary physical facilities for                             
05       furnishing adequate facility services to all residents of the state.                                              
06    * Sec. 8. AS 18.20.210(3) is amended to read:                                                                      
07                 (3)  "facility for persons with intellectual and developmental                                      
08       disabilities [THE MENTALLY RETARDED]" means a facility specially designed for                                 
09       the diagnosis, treatment, education, training, or custodial care of persons with                              
10       intellectual and developmental disabilities [THE MENTALLY RETARDED],                                          
11       including facilities for training specialists and sheltered workshops for persons with                        
12       intellectual and developmental disabilities [THE MENTALLY RETARDED], but                                      
13       only if the workshops are part of facilities that provide or will provide comprehensive                           
14       services for persons with intellectual and developmental disabilities [THE                                    
15       MENTALLY RETARDED];                                                                                               
16    * Sec. 9. AS 18.20.210(4) is amended to read:                                                                      
17                 (4)  "federal act" means Title VI of the Public Health Service Act (42                                  
18       U.S.C. 291 et seq.) concerning hospitals and medical facilities and the Mental                                    
19       Retardation Facilities and Community Mental Health Centers Construction Act of                                    
20       1963 (P.L. 88-164) concerning facilities for persons with intellectual and                                    
21       developmental disabilities [THE MENTALLY RETARDED] and community mental                                       
22       health centers, both as now or hereafter amended;                                                                 
23    * Sec. 10. AS 18.20.210(7) is amended to read:                                                                     
24                 (7)  "nonprofit facility for persons with intellectual and                                          
25       developmental disabilities [THE MENTALLY RETARDED]" and "nonprofit                                            
26       community mental health center" mean, respectively, a facility for persons with                               
27       intellectual and developmental disabilities [THE MENTALLY RETARDED] and a                                     
28       community mental health center that is owned and operated by one or more nonprofit                                
29       corporations or associations no part of the net earnings of which inures, or may                                  
30       lawfully inure, to the benefit of any private shareholder or individual; and the term                             
31       "nonprofit private agency or organization" means an agency or organization that is                                
01       such a corporation or association or that is owned and operated by one or more of such                            
02       corporations or associations;                                                                                     
03    * Sec. 11. AS 18.80.300(15) is amended to read:                                                                    
04                 (15)  "physical or mental impairment" means                                                             
05                      (A)  physiological disorder or condition, cosmetic                                                 
06            disfigurement, or anatomical loss affecting one or more of the following body                                
07            systems: neurological, musculoskeletal, special sense organs, respiratory                                    
08            including speech organs, cardiovascular, reproductive, digestive, genito-                                    
09            urinary, hemic and lymphatic, skin, and endocrine;                                                           
10                      (B)  mental or psychological disorder, including intellectual                                  
11            disability [MENTAL RETARDATION], organic brain syndrome, emotional                                       
12            or mental illness, and specific learning disabilities;                                                       
13    * Sec. 12. AS 36.30.170(k) is amended to read:                                                                     
14            (k)  In this section, "person with a disability" means an individual                                         
15                 (1)  who has a severe physical or mental disability that seriously limits                               
16       one or more functional capacities in terms of employability; in this paragraph,                                   
17       "functional capacities" means mobility, communication, self-care, self-direction,                                 
18       interpersonal skills, work tolerance, or work skills;                                                             
19                 (2)  whose physical or mental disability                                                                
20                      (A)  results from amputation, arthritis, autism, blindness, burn                                   
21            injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart                                
22            disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction,                                       
23            intellectual disability, developmental disability, or both [MENTAL                                       
24            RETARDATION], mental illness, multiple sclerosis, muscular dystrophy,                                        
25            musculo-skeletal disorders, neurological disorders, paraplegia, quadriplegia,                                
26            other spinal cord conditions, sickle cell anemia, specific learning disability, or                           
27            end stage renal disease; in this subparagraph, "neurological disorders" include                              
28            stroke and epilepsy; or                                                                                      
29                      (B)  is a disability or combination of disabilities that are not                                   
30            identified in (A) of this paragraph and that are determined on the basis of an                               
31            evaluation of rehabilitation potential to cause substantial functional limitation                            
01            comparable to a disability identified in (A) of this paragraph; and                                          
02                 (3)  whose vocational rehabilitation can be expected to require multiple                                
03       vocational rehabilitation services over an extended period of time.                                               
04    * Sec. 13. AS 43.23.095(2) is amended to read:                                                                     
05                 (2)  "disabled" means physically or mentally unable to complete and                                     
06       sign an application due to a serious emotional disturbance, visual, orthopedic, or other                          
07       health impairment, or developmental disability that is attributable to intellectual                           
08       disability [MENTAL RETARDATION], cerebral palsy, epilepsy, autism, or other                                   
09       cause; "disabled" does not mean "incompetent";                                                                    
10    * Sec. 14. AS 47.05.055(b) is amended to read:                                                                     
11            (b)  If the certified nurse aide is employed in a skilled nursing facility or                                
12       nursing facility, other than an intermediate care facility for persons with intellectual                      
13       and developmental disabilities [THE MENTALLY RETARDED], that is                                               
14       participating in the Medicaid or Medicare program, only the state survey and                                      
15       certification agency may make, and report to the Board of Nursing, a finding that a                               
16       certified nurse aide has committed abuse, neglect, or misappropriation of property in                             
17       connection with the nurse aide's employment at the facility.                                                      
18    * Sec. 15. AS 47.07.020(b) is amended to read:                                                                     
19            (b)  In addition to the persons specified in (a) of this section, the following                              
20       optional groups of persons for whom the state may claim federal financial                                         
21       participation are eligible for medical assistance:                                                                
22                 (1)  persons eligible for but not receiving assistance under any plan of                                
23       the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act,                                  
24       Supplemental Security Income) or a federal program designated as the successor to the                             
25       aid to families with dependent children program;                                                                  
26                 (2)  persons in a general hospital, skilled nursing facility, or                                        
27       intermediate care facility, who, if they left the facility, would be eligible for assistance                      
28       under one of the federal programs specified in (1) of this subsection;                                            
29                 (3)  persons under 21 years of age who are under supervision of the                                     
30       department, for whom maintenance is being paid in whole or in part from public                                    
31       funds, and who are in foster homes or private child-care institutions;                                            
01                 (4)  aged, blind, or disabled persons, who, because they do not meet                                    
02       income and resources requirements, do not receive supplemental security income                                    
03       under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not                                     
04       receive a mandatory state supplement, but who are eligible, or would be eligible if                               
05       they were not in a skilled nursing facility or intermediate care facility to receive an                           
06       optional state supplementary payment;                                                                             
07                 (5)  persons under 21 years of age who are in an institution designated                                 
08       as an intermediate care facility for persons with intellectual and developmental                              
09       disabilities [THE MENTALLY RETARDED] and who are financially eligible as                                      
10       determined by the standards of the federal program designated as the successor to the                             
11       aid to families with dependent children program;                                                                  
12                 (6)  persons in a medical or intermediate care facility whose income                                    
13       while in the facility does not exceed 300 percent of the supplemental security income                             
14       benefit rate under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act) but who                                
15       would not be eligible for an optional state supplementary payment if they left the                                
16       hospital or other facility;                                                                                       
17                 (7)  persons under 21 years of age who are receiving active treatment in                                
18       a psychiatric hospital and who are financially eligible as determined by the standards                            
19       of the federal program designated as the successor to the aid to families with                                    
20       dependent children program;                                                                                       
21                 (8)  persons under 21 years of age and not covered under (a) of this                                    
22       section, who would be eligible for benefits under the federal program designated as                               
23       the successor to the aid to families with dependent children program, except that they                            
24       have the care and support of both their natural and adoptive parents;                                             
25                 (9)  pregnant women not covered under (a) of this section and who                                       
26       meet the income and resource requirements of the federal program designated as the                                
27       successor to the aid to families with dependent children program;                                                 
28                 (10)  persons under 21 years of age not covered under (a) of this section                               
29       who the department has determined cannot be placed for adoption without medical                                   
30       assistance because of a special need for medical or rehabilitative care and who the                               
31       department has determined are hard-to-place children eligible for subsidy under                                   
01       AS 25.23.190 - 25.23.210;                                                                                         
02                 (11)  persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title                                  
03       XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom                              
04       a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title                                  
05       XVI, Social Security Act) because they meet all of the following criteria:                                        
06                      (A)  they are 18 years of age or younger and qualify as disabled                                   
07            individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act);                                       
08                      (B)  the department has determined that                                                            
09                           (i)  they require a level of care provided in a hospital,                                     
10                 nursing facility, or intermediate care facility for persons with                                    
11                 intellectual and developmental disabilities [THE MENTALLY                                           
12                 RETARDED];                                                                                              
13                           (ii)  it is appropriate to provide their care outside of an                                   
14                 institution; and                                                                                        
15                           (iii)  the estimated amount that would be spent for                                           
16                 medical assistance for their individual care outside an institution is not                              
17                 greater than the estimated amount that would otherwise be expended                                      
18                 individually for medical assistance within an appropriate institution;                                  
19                      (C)  if they were in a medical institution, they would be eligible                                 
20            for medical assistance under other provisions of this chapter; and                                           
21                      (D)  home and community-based services under a waiver                                              
22            approved by the federal government are either not available to them under this                               
23            chapter or would be inappropriate for them;                                                                  
24                 (12)  disabled persons, as described in 42 U.S.C.                                                       
25       1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under                                  
26       applicable federal regulations or guidelines, is less than 250 percent of the official                            
27       poverty line applicable to a family of that size according to the United States                                   
28       Department of Health and Human Services, and who, but for earnings in excess of the                               
29       limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be                                       
30       individuals with respect to whom a supplemental security income is being paid under                               
31       42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is                              
01       not eligible under another provision of this section shall pay a premium or other cost-                           
02       sharing charges according to a sliding fee scale that is based on income as established                           
03       by the department in regulations;                                                                                 
04                 (13)  persons under 19 years of age who are not covered under (a) of                                    
05       this section and whose household income does not exceed 175 percent of the federal                                
06       poverty line as defined by the United States Department of Health and Human                                       
07       Services and revised under 42 U.S.C. 9902(2);                                                                     
08                 (14)  pregnant women who are not covered under (a) of this section and                                  
09       whose household income does not exceed 175 percent of the federal poverty line as                                 
10       defined by the United States Department of Health and Human Services and revised                                  
11       under 42 U.S.C. 9902(2);                                                                                          
12                 (15)  persons who have been diagnosed with breast or cervical cancer                                    
13       and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII).                                     
14    * Sec. 16. AS 47.07.030(b) is amended to read:                                                                     
15            (b)  In addition to the mandatory services specified in (a) of this section and the                          
16       services provided under (d) of this section, the department may offer only the                                    
17       following optional services: case management services for traumatic or acquired brain                             
18       injury; case management and nutrition services for pregnant women; personal care                                  
19       services in a recipient's home; emergency hospital services; long-term care                                       
20       noninstitutional services; medical supplies and equipment; advanced nurse practitioner                            
21       services; clinic services; rehabilitative services for children eligible for services under                       
22       AS 47.07.063, substance abusers, and emotionally disturbed or chronically mentally ill                            
23       adults; targeted case management services; inpatient psychiatric facility services for                            
24       individuals [AGE] 65 years of age or older and individuals under [AGE] 21 years of                        
25       age; psychologists' services; clinical social workers' services; midwife services;                            
26       prescribed drugs; physical therapy; occupational therapy; chiropractic services; low-                             
27       dose mammography screening, as defined in AS 21.42.375(e); hospice care; treatment                                
28       of speech, hearing, and language disorders; adult dental services; prosthetic devices                             
29       and eyeglasses; optometrists' services; intermediate care facility services, including                            
30       intermediate care facility services for persons with intellectual and developmental                           
31       disabilities [THE MENTALLY RETARDED]; skilled nursing facility services for                                   
01       individuals under [AGE] 21 years of age; and reasonable transportation to and from                            
02       the point of medical care.                                                                                        
03    * Sec. 17. AS 47.07.045(b) is amended to read:                                                                     
04            (b)  Before the department may terminate payment for services provided under                                 
05       (a) of this section,                                                                                              
06                 (1)  the recipient must have had an annual assessment to determine                                      
07       whether the recipient continues to meet the standards under (a) of this section;                                  
08                 (2)  the annual assessment must have been reviewed by an independent                                    
09       qualified health care professional under contract with the department; for purposes of                            
10       this paragraph, "independent qualified health care professional" means,                                           
11                      (A)  for a waiver based on intellectual [MENTAL                                                
12            RETARDATION] or developmental disability, a person who is qualified under                                    
13            42 CFR 483.430 as a qualified intellectual disability [MENTAL                                            
14            RETARDATION] professional;                                                                                   
15                      (B)  for other allowable waivers, a registered nurse licensed                                      
16            under AS 08.68 who is qualified to assess children with complex medical                                      
17            conditions, older Alaskans, and adults with physical disabilities for medical                                
18            assistance waivers; and                                                                                      
19                 (3)  the annual assessment must find that the recipient's condition has                                 
20       materially improved since the previous assessment; for purposes of this paragraph,                                
21       "materially improved" means that a recipient who has previously qualified for a                                   
22       waiver for                                                                                                        
23                      (A)  a child with complex medical conditions, no longer needs                                      
24            technical assistance for a life-threatening condition, and is expected to be                                 
25            placed in a skilled nursing facility for less than 30 days each year;                                        
26                      (B)  intellectual [MENTAL RETARDATION] or                                                      
27            developmental disability, no longer needs the level of care provided by an                                   
28            intermediate care facility for persons with intellectual and developmental                               
29            disabilities [THE MENTALLY RETARDED] either because the qualifying                                       
30            diagnosis has changed or the recipient is able to demonstrate the ability to                                 
31            function in a home setting without the need for waiver services; or                                          
01                      (C)  an older Alaskan or adult with a physical disability, no                                      
02            longer has a functional limitation or cognitive impairment that would result in                              
03            the need for nursing home placement, and is able to demonstrate the ability to                               
04            function in a home setting without the need for waiver services.                                             
05    * Sec. 18. AS 47.07.055(a) is amended to read:                                                                     
06            (a)  The estate of an individual who received medical assistance payments is                                 
07       subject to a claim for recovery of the medical assistance after the individual's death                            
08       that, except as provided in (b) of this section, may be secured by a lien filed against                           
09       the individual's real property during the individual's lifetime if the                                            
10                 (1)  individual was an inpatient in a nursing facility, intermediate care                               
11       facility for persons with intellectual and developmental disabilities [THE                                    
12       MENTALLY RETARDED], or other medical institution;                                                                 
13                 (2)  department required the individual, as a condition of receiving                                    
14       medical assistance under this chapter, to spend for medical expenses all but a minimal                            
15       amount of that individual's income; and                                                                           
16                 (3)  department determined during the individual's lifetime, after notice                               
17       and opportunity for hearing, that the individual could not reasonably be expected to be                           
18       discharged from the institution and to return home.                                                               
19    * Sec. 19. AS 47.07.055(e) is amended to read:                                                                     
20            (e)  In addition to recovery of medical assistance upon sale of property subject                             
21       to a lien authorized under (a) - (d) of this section, after an individual's death, the                            
22       individual's estate is subject to a claim for reimbursement for medical assistance                                
23       payments made on behalf of the individual under this chapter for the following                                    
24       services to the extent that those services were provided when the individual was 55                               
25       years of age or older:                                                                                            
26                 (1)  services received while an inpatient in a nursing facility,                                        
27       intermediate care facility for persons with intellectual and developmental                                    
28       disabilities [THE MENTALLY RETARDED], or other medical institutions; and                                      
29                 (2)  home and community-based services provided through a waiver                                        
30       received from the federal government that allows home and community-based services                                
31       to be covered under this chapter for persons who are eligible for coverage under this                             
01       chapter while in an institution but who are able to avoid institutionalization because of                         
02       the provision of home and community-based services.                                                               
03    * Sec. 20. AS 47.07.900(11) is amended to read:                                                                    
04                 (11)  "health facility" includes a                                                                      
05                      (A)  hospital, skilled nursing facility, intermediate care facility,                               
06            intermediate care facility for persons with intellectual and developmental                               
07            disabilities [THE MENTALLY RETARDED], rehabilitation facility, inpatient                                 
08            psychiatric facility, home health agency, rural health clinic, and outpatient                                
09            surgical clinic; and                                                                                         
10                      (B)  birthing center if birthing centers are authorized for                                        
11            coverage under the state plan approved under AS 47.07.040 by the United                                      
12            States Department of Health and Human Services;                                                              
13    * Sec. 21. AS 47.25.195(f)(2) is amended to read:                                                                  
14                 (2)  "health facility" includes a hospital, skilled nursing facility,                                   
15       intermediate care facility, intermediate care facility for persons with intellectual and                      
16       developmental disabilities [THE MENTALLY RETARDED], rehabilitation facility,                                  
17       inpatient psychiatric facility, home health agency, rural health clinic, and outpatient                           
18       surgical clinic.                                                                                                  
19    * Sec. 22. AS 47.30.056(b) is amended to read:                                                                     
20            (b)  Expenditures under (a)(1) of this section must provide for a reasonable                                 
21       level of necessary services to persons who                                                                    
22                 (1)  are [THE] mentally ill;                                                                        
23                 (2)  have an intellectual disability, a developmental disability, or                                
24       both [THE MENTALLY DEFECTIVE AND RETARDED];                                                                   
25                 (3)  are chronic alcoholics suffering from psychoses;                                               
26                 (4)  [SENILE PEOPLE WHO] as a result of [THEIR] senility, suffer                                    
27       major mental illness; and                                                                                         
28                 (5)  need [OTHER PERSONS NEEDING] mental health services, as                                        
29       the legislature may determine.                                                                                    
30    * Sec. 23. AS 47.30.056(e) is amended to read:                                                                     
31            (e)  In (b)(2) of this section, "persons who have an intellectual disability,                            
01       developmental disability, or both" ["THE MENTALLY DEFECTIVE AND                                               
02       RETARDED"] includes persons with the following neurologic or mental disorders:                                    
03                 (1)  cerebral palsy;                                                                                    
04                 (2)  epilepsy;                                                                                          
05                 (3)  [MENTAL RETARDATION;                                                                               
06                 (4)]  autistic disorder;                                                                                
07                 (4) [(5)]  severe organic brain impairment;                                                         
08                 (5) [(6)]  significant developmental delay during early childhood                                   
09       indicating risk of developing a disorder listed in this subsection;                                               
10                 (6) [(7)]  other severe and persistent intellectual disability or                               
11       developmental disability [MENTAL DISORDERS] manifested by behaviors and                                       
12       symptoms similar to those manifested by persons with disorders listed in this                                     
13       subsection.                                                                                                       
14    * Sec. 24. AS 47.30.580 is amended to read:                                                                        
15            Sec. 47.30.580. Comprehensive services. Plans and regulations adopted under                                
16       AS 47.30.520 - 47.30.620 must allow local programs sufficient administrative and                                  
17       program flexibility so that local community mental health programs may be joined                                  
18       with other programs such as intellectual and developmental disability [MENTAL                                 
19       RETARDATION] programs, drug abuse programs, alcoholism programs, and                                              
20       comprehensive mental health services programs.                                                                    
21    * Sec. 25. AS 47.30.915(12) is amended to read:                                                                    
22                 (12)  "mental illness" means an organic, mental, or emotional                                           
23       impairment that has substantial adverse effects on an individual's ability to exercise                            
24       conscious control of the individual's actions or ability to perceive reality or to reason                         
25       or understand; intellectual disability, developmental disability, or both [MENTAL                             
26       RETARDATION], epilepsy, drug addiction, and alcoholism do not per se constitute                                   
27       mental illness, although persons suffering from these conditions may also be suffering                            
28       from mental illness;                                                                                              
29    * Sec. 26. AS 47.32.010(b) is amended to read:                                                                     
30            (b)  This chapter and regulations adopted under this chapter apply to the                                    
31       following entities:                                                                                               
01                 (1)  ambulatory surgical centers;                                                                       
02                 (2)  assisted living homes;                                                                             
03                 (3)  child care facilities;                                                                             
04                 (4)  child placement agencies;                                                                          
05                 (5)  foster homes;                                                                                      
06                 (6)  free-standing birth centers;                                                                       
07                 (7)  home health agencies;                                                                              
08                 (8)  hospices, or agencies providing hospice services or operating                                      
09       hospice programs;                                                                                                 
10                 (9)  hospitals;                                                                                         
11                 (10)  intermediate care facilities for individuals with an intellectual                             
12       disability or related condition [THE MENTALLY RETARDED];                                                      
13                 (11)  maternity homes;                                                                                  
14                 (12)  nursing facilities;                                                                               
15                 (13)  residential child care facilities;                                                                
16                 (14)  residential psychiatric treatment centers;                                                        
17                 (15)  rural health clinics;                                                                             
18                 (16)  runaway shelters.                                                                                 
19    * Sec. 27. AS 47.32.900(14) is amended to read:                                                                    
20                 (14)  "intermediate care facility for individuals with an intellectual                              
21       disability or related condition [THE MENTALLY RETARDED]" has the meaning                                      
22       given in 42 C.F.R. 440.150;                                                                                       
23    * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to                         
24 read:                                                                                                                   
25       CHANGES IN THE TERMS "MENTAL RETARDATION" AND "MENTALLY                                                           
26 RETARDED"; CONSTRUCTION. Nothing in this Act shall be construed to alter the                                            
27 coverage, eligibility, rights, responsibilities, or definitions referred to in the provisions                           
28 amended by this Act.                                                                                                    
29    * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31       REGULATIONS; INSTRUCTION. The Department of Law is instructed, to the                                             
01 extent practicable, to change the Alaska Administrative Code to reflect the changes in                                  
02 terminology consistent with this Act by replacing references to "mental retardation" and                                
03 "mentally retarded" with "persons with intellectual and developmental disabilities," modified                           
04 as appropriate to the context of the usage, as follows:                                                                 
05            (1)  "mentally retarded" to "intellectually disabled or developmentally                                      
06 disabled" or "intellectually disabled, developmentally disabled";                                                       
07            (2)  "the mentally retarded" to "individuals with intellectual and developmental                             
08 disabilities";                                                                                                          
09            (3)  "mental retardation" or "mental retardation and developmental disabilities"                             
10 to "intellectual and developmental disability," "intellectual disability or developmental                               
11 disability," or "intellectual disability, developmental disability, or both";                                           
12            (4)  "mental retardation professional" to "qualified intellectual disability                                 
13 professional";                                                                                                          
14            (5)  "intermediate care facility for the mentally retarded" to "intermediate care                            
15 facility for individuals with an intellectual disability or related condition," and the                                 
16 abbreviation "ICF/MR" to "ICF/IID."                                                                                     
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