reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 1 - Scope and Applicability › 7 AAC 72.010 - Scope of chapter

Current through May 31, 2024
The provisions of
(1)7 AAC 72.020 -
				  7 AAC 72.290 apply to facilities submitting applications
				  for designation by the department as an evaluation facility or as a treatment
				  facility for purposes of providing services to persons subject to voluntary or
				  involuntary admission for mental health or psychiatric evaluation or treatment
				  under AS
				  47.30.660-47.30.915, including persons
				  eligible for financial assistance under AS 47.31;
(2)7 AAC 72.300 -
				  7 AAC 72.390 apply to mental health professionals who
				  submit applications for designation by the department as evaluation personnel
				  for purposes of evaluating persons subject to voluntary or involuntary
				  admission for treatment under
				  AS
				  47.30.660-47.30.915, including persons
				  eligible for financial assistance under AS 47.31;
(3)7 AAC 72.410 -
				  7 AAC 72.440 apply to a facility or mental health
				  professional seeking to appeal a department decision under this chapter;
				  and
(4)7 AAC 72.500 -
				  7 AAC 72.540 apply to persons who are eligible for
				  financial assistance under AS 47.31 and to facilities providing services to
				  those persons.
Words and phrases used in this chapter are defined at
						7 AAC 72.900.
Authority:
AS
						47.30.660
AS 47.31.025
AS
						47.31.090
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.012 - Adoption by reference

Current through May 31, 2024
(a) For the purposes of
				  AS
				  47.30.660-47.30.915 and this chapter, the
				  following provisions of 7 AAC 12, as amended through February 13, 2001 are
				  adopted by reference and are applicable to a facility that seeks designation
				  under this chapter as an
(1) evaluation
				  facility:
(A)7 AAC 12.105(a) (Services Required from
				  General Acute Care Hospitals);
(B)7 AAC 12.110 (Medical Staff);
(C)7 AAC 12.610(Licensure);
(D)7 AAC 12.660(Personnel);
(E)7 AAC 12.670 (Nursing Service);
(F)7 AAC 12.680 (Pharmaceutical Service);
(G)7 AAC 12.700 (Social Work Service);
(H)7 AAC 12.770 (Medical Record Service);
(I)7 AAC 12.790 -
				  7 AAC 12.850 (Laboratory Service
				  Requirements);
(J)7 AAC 12.860 (Risk Management);
(K)7 AAC 12.890 (Patients' or Residents' Rights);
(L)7 AAC 12.910(Contracts); or
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.015 - General requirements for designation

Current through May 31, 2024
(a) The department
				  will approve only the following facilities under this chapter and
				  AS
				  47.30.660-47.30.915 to operate as designated
				  evaluation or treatment facilities:
(1) a
				  general acute care hospital that
(A) is
				  licensed under AS 18.20.020 and
				  7 AAC 12.610; and
(B) certifies to the department that the
				  hospital is in compliance with the applicable provisions of
(i)AS
				  47.30.660-47.30.915; and
(ii) this chapter, including provisions of 7
				  AAC 12 that are adopted by reference in
				  7 AAC 72.012;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.017 - Function of a designated facility

Current through May 31, 2024
(a) A designated
				  evaluation facility may
(1) conduct emergency
				  examinations and treatment under
				  AS
				  47.30.700(a) and
				  47.30.710, including a mental
				  health evaluation;
(2) detain
				  patients for no more than 72 hours for evaluation and treatment under
				  AS
				  47.30.715; and
(3) provide crisis stabilization.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.020 - Application for facility designation

Current through May 31, 2024
(a) The
				  administrator of a facility described in
				  7 AAC 72.015(a) may apply for
				  designation of that facility as an evaluation facility or as a treatment
				  facility under this chapter. The administrator shall apply for designation on a
				  form supplied by the department. The form must be accompanied by the following:
(1) for a general acute care hospital
				  described in
				  7 AAC 72.015(a) (1),
(A) a copy of the hospital's current license;
				  however, if the hospital is operating under a provisional license issued under
				  7 AAC 12.610, the administrator shall also provide a
				  written report of the nature of each violation and of the efforts to achieve
				  compliance;
(B) the certification
				  of compliance described in
				  7 AAC 72.015(a) (1)(B), on a form
				  supplied by the department; and
(C)
				  a copy of the table of contents for the hospital's policies and procedures,
				  prepared as described in (b) of this section; the complete policies and
				  procedures must be available for department review, and a copy of any specific
				  procedure must be provided if requested by the department;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.030 - Waiver of requirements

Current through May 31, 2024
(a) Upon request by a facility administrator,
				  the commissioner or the commissioner's designee will waive a provision of this
				  chapter if the administrator
(1) provides an
				  alternative method that reasonably assures, to the satisfaction of the
				  commissioner or the commissioner's designee, the same level of protection and
				  treatment that the provision sought to be waived affords the patient;
				  and
(2) demonstrates, to the
				  satisfaction of the commissioner or the commissioner's designee, that the
				  waiver does not result in a violation of a requirement of
				  AS
				  47.30.660-47.30.915 or 7 AAC 12.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.040 - Decision on application for designation

Current through May 31, 2024
(a) Within 60 days
				  after receipt of a written application for designation under
				  7 AAC 72.020(a), after review of any
				  additional information requested under (b) of this section, after review of any
				  public comment received under
				  7 AAC 72.020(d), and based on the
				  department's determination as to whether the facility complies with
				  7 AAC 72.015, the department will, in writing, either
(1) approve the application, with
				  modifications or conditions as necessary, make a decision on any request for a
				  waiver submitted under
				  7 AAC 72.030, and designate the facility as an
				  evaluation facility or as a treatment facility; or
(2) deny the application and specify the
				  reasons for denial.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.050 - Annual report regarding facility designation

Current through May 31, 2024
(a) On or before
				  June 30 of each year, the administrator of a designated facility shall submit
				  to the department, on a form supplied by the department, the following:
(1) for a general acute care hospital
				  described in
				  7 AAC 72.015(a) (1),
(A) a copy of the hospital's current license;
				  however, if the hospital is operating under a provisional license issued under
				  7 AAC 12.610, the administrator also shall provide a
				  written report of the nature of each violation and of the efforts to achieve
				  compliance;
(B) the certification
				  of compliance described in
				  7 AAC 72.015(a) (1)(B), on a form
				  supplied by the department; however, if a waiver has been granted under
				  7 AAC 72.030, the administrator shall also submit a
				  report setting out the status of the attempts to meet the schedule of
				  compliance required by
				  7 AAC 72.030(b) (4);
(C) a list of any policies and procedures
				  described in
				  7 AAC 72.020(b) that have been updated
				  during the previous year and a copy of the current table of contents for the
				  policies and procedures; and
(D) a
				  copy of each written agreement prepared under
				  7 AAC 72.110 or a certification attesting that each
				  written agreement already submitted to the department is still in
				  effect;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.060 - Reconsideration

Current through May 31, 2024
The administrator may, within 30 days after receiving the
					 department's decision under
					 7 AAC 72.040, request reconsideration of the decision.
					 In the request for reconsideration, the administrator may include any
					 additional materials and information that support facility designation and that
					 are relevant to the department's decision. Within 30 days after receipt of a
					 request for reconsideration, after review of any additional material and
					 information submitted, and based on the department's determination as to
					 whether the facility complies with
					 7 AAC 72.015, the department will
(1) approve the application, with
				  modifications or conditions as necessary; or
(2) reaffirm the decision made under
				  7 AAC 72.040.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 2 - Designation of Facilities › 7 AAC 72.070 - Revocation of designation

Current through May 31, 2024
(a) Based on the
				  department's review of a facility's performance under this chapter, including a
				  review of information provided by the facility or by an interested person under
				  (e) of this section, the department will revoke the facility's designation if
				  the department determines that the facility does not substantially comply with
(1) the applicable requirements of
				  AS
				  47.30.660-47.30.915; or
(2) the applicable requirements of this
				  chapter, including a provision of 7 AAC 12 that is adopted by reference in
				  7 AAC 72.012.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 3 - Requirements for Designated Facilities › 7 AAC 72.080 - General requirements for a designated facility

Current through May 31, 2024
In addition to complying with this chapter, including any
					 applicable requirements of 7 AAC 12 that are adopted by reference in
					 7 AAC 72.012, the administrator shall ensure that
(1) staff members receive training to develop
				  appropriate interactions with patients;
(2) properly trained and qualified staff
				  handle the protection, security, and observation of patients;
(3) children under 18 years of age do not
				  share a room with adults;
(4)
				  discharge plans are initiated early in the evaluation or treatment process and
				  that the facility provides stabilization, establishes diagnoses, and initiates
				  care with the goal of permitting the patient's early return to the community
				  for followup care; discharge planning at an evaluation facility includes
				  determining whether a patient should be released or transferred to a treatment
				  facility, and whether the patient needs medication;
(5) treatment is individualized; as
				  necessary, the administrator shall hire or contract with staff to deliver
				  necessary specialized care;
(6)
				  subject to the disclosure restrictions of 42 C.F.R. Part 2, for a patient who
				  is also receiving treatment for alcohol or drug abuse at a facility that
				  receives federal financial assistance as described in 42 C.F.R. Part 2, the
				  local community mental health center or other after-care agency is notified
				  within 48 hours if a client from that center or agency, or an unassigned
				  patient, is admitted for care, after obtaining a release for this notification
				  from the patient; and
(7) a
				  determination is made as to whether a patient is a candidate for placement and
				  monitoring in the community's local crisis respite program and, if that is the
				  case, ensure that the patient is placed in that program as soon as
				  possible.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 3 - Requirements for Designated Facilities › 7 AAC 72.085 - Determination regarding declarations for mental health treatment

Current through May 31, 2024
The staff at a designated facility shall make a reasonable
					 effort to determine whether a patient committed under AS 47.30 has made a
					 declaration of preferences or instructions regarding mental health treatment
					 under AS 47.30.950 - 47.30.980 by consulting the patient, the patient's health
					 care provider, the patient's spouse or parent, a person in the patient's
					 household, or a person designated by the patient.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 3 - Requirements for Designated Facilities › 7 AAC 72.110 - Written agreements

Current through May 31, 2024
(a) The administrator shall enter into a
				  written agreement with each community mental health center served by the
				  facility to provide for coordination and continuity of services related to the
				  admission and discharge of patients receiving inpatient psychiatric
				  care.
(b) An agreement under (a) of
				  this section must state that the center, after being notified by the facility
				  of a patient's discharge from the facility, will schedule an appointment at the
				  center with the patient for
(1) clinical
				  services within one week after a patient's discharge from the facility;
				  and
(2) medication management
				  services before depletion of any psychotropic medication dispensed or
				  prescribed for a patient upon discharge, and that, whenever possible,
				  medication management services are to include a psychiatric
				  evaluation.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 3 - Requirements for Designated Facilities › 7 AAC 72.150 - Patient records

Current through May 31, 2024
(a) In addition to complying with
				  7 AAC 12.770, as adopted by reference in
				  7 AAC 72.012, for each patient, a facility shall
				  maintain a clinical record with forms that document the facility's use of the
				  emergency examination or the evaluation procedure set out in
				  7 AAC 72.220 -
				  7 AAC 72.260.
(b) The facility shall safeguard patient
				  records, including electronic records, against loss, defacement, tampering, and
				  use by unauthorized persons. Information from patient records, including
				  electronic records, may be released only in accordance with
				  AS
				  47.30.845 and (c) of this section.
(c) For a patient being treated for alcohol
				  or drug abuse in a facility that receives federal assistance as described in
				  42 C.F.R.
				  2.12(b), the facility may
				  disclose information from that patient's records only as allowed under 42
				  C.F.R. Part 2, including use of the consent form required under
				  42 C.F.R.
				  2.31.
(d) Patient records that are required to be
				  submitted to the department are subject to the applicable requirements of 7 AAC
				  85.
Authority:
AS
						47.30.660
AS
						47.30.845
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 3 - Requirements for Designated Facilities › 7 AAC 72.155 - Quarterly report of patient information

Current through May 31, 2024
Within 60 days after the end of each calendar quarter, the
					 administrator shall submit to the department, on a form supplied by the
					 department, the following information regarding patients admitted to the
					 facility during the previous quarter who were found to be suffering from a
					 mental illness and who posed a danger to self or others, or who were gravely
					 disabled, as determined by each patient's treating physician or
					 psychiatrist:
(1) the number of
				  patients admitted voluntarily;
(2)
				  the number of patients admitted involuntarily;
(3) the number of patients admitted who had
				  insurance or self-pay coverage that was billed;
(4) the average length of stay for all
				  patients admitted during the quarter, whether voluntary or
				  involuntary;
(5) the number of
				  patients who were readmitted during the quarter.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 3 - Requirements for Designated Facilities › 7 AAC 72.165 - Transfer of patients between designated facilities

Current through May 31, 2024
An already committed patient may not be transferred from a
					 designated evaluation or treatment facility to another designated facility or
					 to a state-operated hospital, unless
(1) a mental health professional
(A) determines that the transfer is in the
				  best treatment interests of the patient;
(B) obtains, before the transfer,
				  certification from the patient's attending physician that the patient is
				  medically stable; and
(C) contacts
				  authorized admitting personnel at the receiving facility or hospital, and
				  explains why the patient's mental condition or behavior necessitates transfer
				  to another facility or hospital; and
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 4 - Procedures for Emergency Examinations › 7 AAC 72.220 - Scope of 7 AAC 72.230 - 7 AAC 72.260

Current through May 31, 2024
The requirements of
					 7 AAC 72.230 -
					 7 AAC 72.260 apply to all facilities, whether licensed
					 under 7 AAC 12.100 or otherwise
					 designated under this chapter.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 4 - Procedures for Emergency Examinations › 7 AAC 72.230 - Emergency examinations

Current through May 31, 2024
An evaluation facility shall comply with
					 7 AAC 72.240 -
					 7 AAC 72.260 when conducting an emergency examination
					 under AS
					 47.30.710.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 4 - Procedures for Emergency Examinations › 7 AAC 72.240 - Physician and mental health professional

Current through May 31, 2024
An emergency examination under
					 AS
					 47.30.710 must consist of a physical
					 examination conducted by a physician and a mental health evaluation conducted
					 by a mental health professional.
Authority:
AS
						47.30.660
AS
						47.30.710
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 4 - Procedures for Emergency Examinations › 7 AAC 72.250 - Physical examination

Current through May 31, 2024
(a) In conducting the physical examination
				  required by
				  7 AAC 72.240, the physician shall determine whether the
				  patient has any reasonably apparent physical problems that require specialized
				  medical care and treatment, and that may either more urgently require care than
				  the patient's present psychiatric problems, or cause or aggravate the patient's
				  psychiatric problems.
(b) The
				  physical examination required by
				  7 AAC 72.240 must include
(1) an examination of the patient's chief
				  complaint;
(2) a review of the
				  patient's history;
(3) a review of
				  systems;
(4) a routine physical
				  examination;
(5) a diagnosis;
				  and
(6) the physician's
				  recommendations.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 4 - Procedures for Emergency Examinations › 7 AAC 72.260 - Mental health evaluation

Current through May 31, 2024
(a) A mental health
				  professional shall conduct the mental health evaluation required by
				  7 AAC 72.240 for the purposes of determining the
				  specific mental health problems and needs of the patient and determining
				  whether the patient meets the involuntary commitment criteria established in
				  AS
				  47.30.730.
(b) A mental health evaluation required by
				  7 AAC 72.240 must, when reasonably possible, include
(1) an interview with the peace officers who
				  brought the patient to the facility for the examination;
(2) a brief history of the patient, including
				  observations or information obtained by other persons relating to the
				  background, development, and circumstances of the patient's current
				  problems;
(3) a brief evaluation of
				  the patient's mental status;
(4) a
				  history of the patient's previous treatment and medication;
(5) a diagnosis; and
(6) a determination of whether the patient
				  meets the involuntary commitment criteria established in
				  AS
				  47.30.730.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 5 - Procedures for Evaluations › 7 AAC 72.270 - Evaluations

Current through May 31, 2024
An evaluation facility, whether licensed under
					 7 AAC 12.100 or otherwise designated under this chapter,
					 shall comply with
					 7 AAC 72.280 -
					 7 AAC 72.290 when evaluating a patient after an
					 emergency examination under
					 7 AAC 72.220 -
					 7 AAC 72.260 or after admitting a patient for a 72-hour
					 evaluation period under
					 AS
					 47.30.715.
Authority:
AS
						47.30.660
AS
						47.30.715
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 5 - Procedures for Evaluations › 7 AAC 72.280 - Procedures

Current through May 31, 2024
An evaluation facility shall
(1) perform routine laboratory studies
				  ordered by the attending physician;
(2) follow-up and further evaluate physical
				  problems noted at the time of the patient's emergency examination, if
				  any;
(3) obtain available
				  background information relating to the patient's present condition, including
				  relevant developmental, family, social, and occupational history;
(4) develop an initial treatment plan
				  appropriate to the patient's target symptoms and behavior;
(5) note and record pertinent behavioral
				  manifestations that indicate whether the patient continues to meet the
				  involuntary commitment criteria established in
				  AS
				  47.30.730; and
(6) record progress notes that document the
				  effectiveness of treatment interventions, untoward incidents, complications,
				  and adverse effects.
Authority:
AS
						47.30.660
AS
						47.30.730
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 5 - Procedures for Evaluations › 7 AAC 72.290 - Referral plan

Current through May 31, 2024
If the mental health professional of an evaluation facility
					 who is evaluating or treating a patient determines that the patient does not
					 meet the involuntary commitment criteria established in
					 AS
					 47.30.730, the mental health professional
					 shall ensure that the patient, upon the patient's release, is provided an
					 appropriate outpatient referral plan for the purpose of follow-up and
					 continuing care, if the care is needed.
Authority:
AS
						47.30.660
AS
						47.30.720
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 6 - Procedures for Designation of Evaluation Personnel › 7 AAC 72.300 - Scope of 7 AAC 72.310 - 7 AAC 72.350

Current through May 31, 2024
The provisions of
					 7 AAC 72.310 -
					 7 AAC 72.350 apply to a mental health professional who
					 requests designation by the department to conduct evaluations when no staffed
					 evaluation facility exists.
Authority:
AS
						47.30.660
AS
						47.30.915
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 6 - Procedures for Designation of Evaluation Personnel › 7 AAC 72.310 - Application for evaluation personnel designation

Current through May 31, 2024
A mental health professional who requests designation as
					 evaluation personnel shall apply for the designation on a form provided by the
					 department. The mental health professional shall certify that he or she
					 qualifies as a mental health professional under
					 AS
					 47.30.915(13).
In 2014 the revisor of statutes, acting under
						AS
						01.05.031. renumbered paragraphs in
						AS
						47.30.915 to place definitions in
						alphabetical order; as a result, the definition of "mental health professional"
						was moved from
						AS
						47.30.915(11) to
						AS
						47.30.915(13). As of
						Register 212 (January 2015), the regulations attorney made a conforming
						technical revision under
						AS
						44.62.125(b)(6), to
						7 AAC 72.310', so that the cross-reference to former
						AS
						47.30.915(11) now refers to
						the renumbered paragraph.
						AS
						47.30.915(13).
Authority:
AS
						47.30.660
AS
						47.30.915
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 6 - Procedures for Designation of Evaluation Personnel › 7 AAC 72.320 - Approval

Current through May 31, 2024
Within 60 days after receiving a written application for
					 designation, the department will either approve or deny the application. If the
					 department approves the application, it will authorize the individual, in
					 writing, to perform evaluations when no staffed evaluation facility
					 exists.
Authority:
AS
						47.30.660
AS
						47.30.915
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 6 - Procedures for Designation of Evaluation Personnel › 7 AAC 72.330 - Reconsideration

Current through May 31, 2024
A mental health professional whose application is denied
					 under 7 AAC 72.320 may, within 30 days
					 after the denial, request reconsideration of the application by the department.
					 The request for reconsideration may contain additional materials that support
					 the application and are relevant to the denial. The department will rule on the
					 request for reconsideration within 30 days after receiving a
					 request.
Authority:
AS
						47.30.660
AS
						47.30.915
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 6 - Procedures for Designation of Evaluation Personnel › 7 AAC 72.340 - Annual renewal

Current through May 31, 2024
A mental health professional designated by the department
					 to conduct evaluations shall, on an annual basis, submit a statement to the
					 department certifying that he or she continues to qualify as a mental health
					 professional under
					 AS
					 47.30.915(13). Upon receipt
					 of the statement, the department will renew the designation for the next year
					 unless it finds that the mental health professional no longer meets the
					 standards for designation.
In 2014 the revisor of statutes, acting under
						AS
						01.05.031. renumbered paragraphs in
						AS
						47.30.915 to place definitions in
						alphabetical order; as a result, the definition of "mental health professional"
						was moved from
						AS
						47.30.915(11) to
						AS
						47.30.915(13). As of
						Register 212 (January 2015), the regulations attorney made a conforming
						technical revision under
						AS
						44.62.125(b)(6), to
						7 AAC 72.340', so that the cross-reference to former
						AS
						47.30.915(11) now refers to
						the renumbered paragraph.
						AS
						47.30.915(13).
Authority:
AS
						47.30.660
AS
						47.30.915
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 6 - Procedures for Designation of Evaluation Personnel › 7 AAC 72.350 - Revocation

Current through May 31, 2024
The department will, in its discretion and upon 30 days'
					 written notice, revoke a mental health professional's designation as evaluation
					 personnel if the department finds that the individual no longer meets the
					 criteria to qualify as a mental health professional under
					 AS
					 47.30.915(13).
In 2014 the revisor of statutes, acting under
						AS
						01.05.031. renumbered paragraphs in
						AS
						47.30.915 to place definitions in
						alphabetical order; as a result, the definition of "mental health professional"
						was moved from
						AS
						47.30.915(11) to
						AS
						47.30.915(13). As of
						Register 212 (January 2015), the regulations attorney made a conforming
						technical revision under
						AS
						44.62.125(b)(6), to
						7 AAC 72.350', so that the cross-reference to former
						AS
						47.30.915(11) now refers to
						the renumbered paragraph.
						AS
						47.30.915(13).
Authority:
AS
						47.30.660
AS
						47.30.915
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 7 - Procedures for Evaluations Conducted by Evaluation Personnel › 7 AAC 72.360 - Evaluation where no evaluation facility exists

Current through May 31, 2024
In an area in which no designated evaluation facility
					 exists, a mental health professional designated as evaluation personnel under
					 7 AAC 72.300 -
					 7 AAC 72.350 may conduct a mental health evaluation of a
					 person suspected of being mentally ill and in need of involuntary commitment,
					 using the procedure established under
					 7 AAC 72.360 -
					 7 AAC 72.390.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 7 - Procedures for Evaluations Conducted by Evaluation Personnel › 7 AAC 72.370 - Request for evaluation

Current through May 31, 2024
Upon application by a peace officer under
					 AS
					 47.30.705, a mental health professional
					 designated as evaluation personnel under
					 7 AAC 72.300 -
					 7 AAC 72.350 may conduct an evaluation of a person for
					 the purpose of determining whether the person being evaluated requires
					 hospitalization on an emergency basis under
					 AS
					 47.30.710(b).
Authority:
AS
						47.30.660
AS 47.30.705
AS
						47.30.710(b)
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 7 - Procedures for Evaluations Conducted by Evaluation Personnel › 7 AAC 72.380 - Emergency examination procedures

Current through May 31, 2024
In conducting an evaluation under
					 7 AAC 72.370, the mental health professional shall
					 follow the procedures for emergency mental health examinations set out in
					 7 AAC 72.220 -
					 7 AAC 72.260.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 7 - Procedures for Evaluations Conducted by Evaluation Personnel › 7 AAC 72.390 - Hospitalization

Current through May 31, 2024
If the mental health professional determines that the
					 person being evaluated under
					 7 AAC 72.260 is mentally ill, that the mental illness
					 causes the person to be gravely disabled or to present a likelihood of serious
					 harm to that person or others, and that the person is in need of hospital care
					 or treatment, the mental health professional may initiate involuntary
					 commitment by arranging for the hospitalization of that person in an
					 appropriate local facility for a period not to exceed 72 hours for evaluation,
					 in accordance with
					 AS
					 47.30.715.
Authority:
AS
						47.30.660
AS 47.30.710
AS
						47.30.715
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 8 - Requirements for Transfer of Patients Between Designated Treatment Facilities › 7 AAC 72.400 - Transfer requirements (Repealed)

Current through May 31, 2024
The subject matter of
						7 AAC 72.400 was relocated to
						7 AAC 72.165.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 9 - Appeals › 7 AAC 72.410 - Scope of 7 AAC 72.420 - 7 AAC 72.440

Current through May 31, 2024
The provisions of
					 7 AAC 72.420 -
					 7 AAC 72.440 apply to appeals from
(1) the revocation of a facility's
				  designation under
				  7 AAC 72.070;
(2) the revocation of a mental health
				  professional's designation under
				  7 AAC 72.350 as evaluation personnel; and
(3) the denial of a mental health
				  professional's application under
				  7 AAC 72.320.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 9 - Appeals › 7 AAC 72.420 - Notice of appeal

Current through May 31, 2024
(a) A facility administrator or a mental
				  health professional wishing to appeal a department action described in
				  7 AAC 72.410 shall submit a notice of appeal to the
				  commissioner.
(b) The notice of
				  appeal must be written, and may be hand-delivered, mailed, or sent by
				  facsimile, courier-type delivery service, or telegram. The notice must be
				  delivered or postmarked within 10 days after receipt of the notice of
				  revocation. The notice of appeal must contain
(1) a clear statement of the action
				  appealed;
(2) a concise statement
				  of facts showing the reason for the appeal; and
(3) any argument on an issue or law relevant
				  to the appeal.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 9 - Appeals › 7 AAC 72.430 - Procedure for appeal

Current through May 31, 2024
(a) The commissioner will notify an appellant
				  of a decision to accept or reject the appeal within seven days after the
				  department receives a notice of appeal. The commissioner will reject an appeal
				  if the notice of appeal is untimely or if it does not allege any facts which,
				  if true, would permit reversal of the decision appealed.
(b) The commissioner will, in a notice of a
				  decision to accept an appeal, set a time and place for a hearing and name an
				  impartial hearing officer.
(c) The
				  department will record all hearings conducted under this section. The appellant
				  may appear, be represented by legal counsel, present exhibits and witnesses on
				  the appellant's own behalf, and examine all evidence and witnesses presented by
				  the department. The hearing officer shall establish all other procedures for
				  the hearing. After the hearing, the hearing officer shall prepare written
				  findings and recommendations to the commissioner, and the commissioner will
				  make a final decision based on the evidence presented at the hearing.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 9 - Appeals › 7 AAC 72.440 - Hearing on shortened time

Current through May 31, 2024
(a) If the
				  department revokes a designation under this chapter and does not notify the
				  person or facility at least 30 days before the effective date of the
				  revocation, then the person or facility may request a hearing on shortened
				  time.
(b) A request for a hearing
				  on shortened time must be designated as such, and must otherwise meet the
				  standards of
				  7 AAC 72.420(b).
(c) The commissioner will appoint a hearing
				  officer and will schedule a hearing for a time within five days, excluding
				  weekends and state holiday, after the department receives the
				  request.
(d) The hearing officer
				  shall, at the close of the hearing, announce a decision to uphold or reverse
				  the department's decision. The hearing officer's decision is effective
				  immediately and will be the final decision in the matter except as provided in
				  (e) of this section. Within two days after the hearing on shortened time, the
				  hearing officer shall transmit a written notice of the decision and a
				  transcript or electronic recording of the hearing to the
				  commissioner.
(e) Within seven days
				  after the close of the hearing on shortened time, the appellant or the
				  department staff may request that the commissioner grant a rehearing in the
				  matter. The request for a rehearing must be designated as such, and must
				  include a concise statement of facts showing the reason for disagreement with
				  the hearing officer's decision and any views or arguments on any issue of fact
				  or law presented. The commissioner will reject a request for rehearing if it is
				  untimely or if the request fails to state any facts, which, if true would
				  permit reversal of the hearing officer's decision. The commissioner will, in a
				  notice that a request for a rehearing has been accepted, set a time and place
				  for rehearing. The hearing officer shall follow the procedure set out at
				  7 AAC 72.430(c) in conducting the
				  rehearing. The commissioner will issue a final decision within 60 days after
				  the request for a rehearing.
Authority:
AS
						47.30.660
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 10 - Mental Health Treatment Assistance Program › 7 AAC 72.500 - Purpose of 7 AAC 72.500 - 7 AAC 72.540

Current through May 31, 2024
The purpose of
					 7 AAC 72.500 -
					 7 AAC 72.540 is to
(1) establish the rates to be paid for
				  certain mental health services that are provided to persons eligible for
				  financial assistance under
				  AS
				  47.31.010;
(2) identify the types and level of mental
				  health services for which financial assistance is available to eligible
				  persons;
(3) set standards for
				  verifying eligibility under
				  AS
				  47.31.020; and
(4) set additional standards to interpret or
				  implement AS 47.31.
Authority:
AS
						47.30.660
AS 47.31.025
AS
						47.31.090
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 10 - Mental Health Treatment Assistance Program › 7 AAC 72.510 - Rate of reimbursement for mental health services

Current through May 31, 2024
As the payor of last resort, subject to department approval
					 and the availability of appropriations from the legislature, the department
					 will reimburse a designated facility for a service provided under
					 7 AAC 72.520(a) or (b) to a person who
					 is eligible for financial assistance under
					 AS
					 47.31.010. Reimbursement will be at the
					 Medicaid rate that is
(1) set under
				  7 AAC 43.670 -
				  7 AAC 43.709 in accordance with
				  AS
				  47.07.070; and
(2) in effect for the facility at the time
				  the service was rendered, before any year-end review under
				  7 AAC 43.670 -
				  7 AAC 43.709.
Authority:
AS
						47.30.660
AS 47.31.025
AS
						47.31.090
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 10 - Mental Health Treatment Assistance Program › 7 AAC 72.520 - Mental health services eligible for financial assistance

Current through May 31, 2024
(a) Subject to (d)
				  of this section, if the department determines under
				  7 AAC 72.540 that a person who received evaluation or
				  treatment at a designated facility is eligible for financial assistance, the
				  department will provide reimbursement under
				  7 AAC 72.510 for the following mental health services
				  that are provided by a designated facility and that are directly related to a
				  patient's mental health condition that resulted in eligibility for financial
				  assistance under
				  AS
				  47.31.010:
(1) emergency room costs;
(2) staff physician services, if those
				  services are not already included in the facility's daily rate;
(3) physician services, if those services
				  require the action of a physician who is not a member of the designated
				  facility's staff;
(4) physician
				  court time costs for participation in a commitment hearing;
(5) medical costs, if related to the
				  evaluation, diagnosis, and treatment of a patient's mental illness;
(6) room and board costs related to the
				  evaluation, diagnosis, and treatment of a patient's mental illness;
(7) laboratory costs that are required for
				  all patients entering a facility and laboratory costs related to mental health
				  evaluation, diagnosis, and treatment;
(8) medication costs related to mental health
				  diagnosis and treatment;
(9)
				  transportation costs that are not covered by
				  AS
				  47.30.870 or
				  47.30.905;
(10) other services directly related to the
				  admission being billed, as determined by the department on a case-by-case
				  basis.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 10 - Mental Health Treatment Assistance Program › 7 AAC 72.530 - Application for financial assistance

Current through May 31, 2024
(a) An application
				  for assistance that is submitted under
				  AS
				  47.31.015(a) must include
(1) a copy of the invoice for the services
				  for which financial assistance is sought;
(2) proof of gross monthly household income;
				  this proof includes paycheck stubs, tax records, unemployment check stubs, a
				  signed statement from an employer, or any other document that shows evidence of
				  income for the month during which a patient received care provided by a
				  designated facility; and
(3)
				  identification of and information about any third-party payor that provides
				  insurance coverage to the patient; for purposes of this paragraph, the
				  following persons are not third-party payors under
				  AS
				  47.31.010:
(A) the United States Department of Interior,
				  Bureau of Indian Affairs;
(B) the
				  United States Department of Health and Human Services, Indian Health
				  Service;
(C) the patient's private
				  insurance company, if the company does not cover mental health inpatient
				  treatment or the maximum benefit level for that treatment has been
				  reached.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 72 - Civil Commitment › Article 10 - Mental Health Treatment Assistance Program › 7 AAC 72.540 - Decision regarding eligibility for financial assistance

Current through May 31, 2024
(a) The department
				  will review information submitted under
				  7 AAC 72.530 to verify that the patient meets the
				  eligibility requirements of
				  AS
				  47.31.010 and that each service for which
				  financial assistance is sought is an eligible service under
				  7 AAC 72.520(a) or (b). Subject to the
				  disclosure restrictions of 42 C.F.R. Part 2 for a patient who has also received
				  treatment for alcohol or drug abuse in a facility that receives federal
				  financial assistance as described in 42 C.F.R. Part 2, the department may,
				  after 10 days notice to the facility, review all financial and medical records
				  related to a patient for whom application for financial assistance has been
				  made.
(b) If the department
				  determines that the patient is eligible for financial assistance, payment will
				  be made directly to the designated facility that provided any service listed in
				  7 AAC 72.520(a) or (b), as required by
				  AS
				  47.31.030.
(c) If the department determines that the
				  patient is ineligible for financial assistance, or that a service provided is
				  not eligible under
				  7 AAC 72.520, the department will, as required by
				  AS
				  47.31.020, notify the patient and the
				  designated facility that the application for financial assistance has been
				  denied, and will advise the patient, the patient's legal representative, if
				  any, and the designated facility of the right to appeal the denial of
				  assistance under
				  AS
				  47.31.035.
Authority:
AS
						47.30.660
AS 47.31.025
AS
						47.31.090