reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.040 - Eligibility

Current through May 31, 2024
(a) A provider may receive payment from the
				department for services provided under a provider agreement if
(1) the services are eligible for payment
				under the grant program;
(2) the
				department has determined that the individual on whose behalf payment is being
				requested is eligible for the services, based on the eligibility criteria for
				the grant program from which payment will be made;
(3) the department has authorized the amount
				of payment the provider can receive for services provided based on
(A) an individualized service plan;
(B) a schedule of fees specific to the grant
				program; or
(C) a periodic rate per
				individual;
(4) the
				provider meets applicable eligibility requirements for service providers under
				the grant program from which payment will be made;
(5) the provider has on file with the
				department a fully executed provider agreement for the grant program under
				which the provider wishes to provide services; and
(6) the commissioner determines that use of a
				provider agreement
(A) is in the best
				interest of the target population of the grant program;
(B) may increase the accessibility of
				services to the target population of the grant program; or
(C) may reduce the cost of services to the
				department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.050 - Notification of potential service providers

Current through May 31, 2024
(a) At least once
				every two years, the department will give public notice to inform potential
				providers of grant services that the department may enter into provider
				agreements for the provision of those services by eligible providers.
(b) The department will post a public notice
				under (a) of this section for at least 30 consecutive days on the Alaska Online
				Public Notice System established under
				AS
				44.62.175. The notice will include
(1) the name of the grant program for which a
				provider agreement may be issued;
(2) a description of the services to be
				purchased;
(3) eligibility
				requirements and the documentation required by the department to verify
				eligibility of the potential provider;
(4) the terms of the provider agreement for
				the specific grant program; and
(5)
				the department's address and the name of a contact person for the
				department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.060 - Issuance of a provider agreement

Current through May 31, 2024
(a) If a potential
				provider is interested in entering into a provider agreement with the
				department, the potential provider must send a letter to the department contact
				person identified in the public notice issued under
				7 AAC 81.050, expressing interest, and must include the
				documentation required by the department to verify eligibility for a provider
				agreement. A potential provider may send a letter expressing interest to the
				department at any time.
(b) The
				department will verify the eligibility of a potential provider for a provider
				agreement. If the department determines that a potential provider is eligible,
				the department will prepare a provider agreement and forward it to the provider
				for signature.
(c) If the
				department determines that the potential provider is ineligible for a provider
				agreement, the department will notify the provider, in writing within 30 days,
				of the reasons the provider was determined to be ineligible. If the potential
				provider later becomes eligible for a provider agreement, the provider may
				resubmit a letter expressing interest at any time.
(d) Unless the department determines approval
				to be necessary to protect public health and welfare, the department will
				disapprove an agreement regardless of eligibility if
(1) the potential provider has a history of
				noncompliance with grant requirements under 7 AAC 78 or this chapter;
				or
(2) monitoring and evaluation of
				the potential provider in the past has shown that the services provided did not
				meet applicable quality standards of the grant program.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.080 - Selection of a provider

Current through May 31, 2024
(a) The department
				may refer eligible recipients to providers or may allow recipients to select
				providers.
(b) Repealed
				6/24/2004.
(c) If a recipient
				chooses an individual, organization, or political subdivision to provide
				services for which the individual, organization, or political subdivision does
				not have a provider agreement to provide those services, that individual,
				organization, or political subdivision of the state must enter into a provider
				agreement before any costs incurred by the individual, organization, or
				political subdivision on behalf of the recipient are eligible for
				reimbursement.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.090 - Subcontracts

Current through May 31, 2024
(a) Subject to prior department approval, a
				provider may enter into a subcontract for the performance of a service covered
				by the provider agreement only if the provider
(1) remains administratively and financially
				responsible for the service and is responsible for the performance of the
				subcontractor;
(2) ensures that the
				subcontractor's records are protected, preserved, and retained as required by
				this chapter; and
(3) demonstrates
				that the method of procurement to be used to identify the subcontractor will be
				reasonably competitive.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.100 - Equal employment opportunity

Current through May 31, 2024
(a) The provider
				shall post in conspicuous places, accessible to employees and applicants for
				employment, at each location that services are provided under the provider
				agreement, notices setting out the provisions of
				AS
				18.80.220.
(b) The provider shall state, in
				solicitations or advertisements for employees to work under a provider
				agreement, that the provider is an equal opportunity employer and that all
				qualified applicants will be considered for employment without regard to race,
				religion, color, national origin, age, physical or mental disability, gender,
				or any other condition or status described in
				AS
				18.80.220(a)(1).
(c) The provider shall send to each labor
				union or representative of workers with which the provider has a collective
				bargaining agreement or other contract or understanding, a notice advising the
				labor union or workers' representative of the provider's commitments to equal
				employment opportunity and shall post copies of the notice in conspicuous
				places accessible to employees and applicants for employment, at each location
				that services are provided under the provider agreement.
(d) The provider shall include the
				requirements of this section in the provider's contracts that are paid, in
				whole or in part, with money from a grant program, and shall require compliance
				with the requirements of this section in contracts entered into by the
				provider's subcontractors.
(e) The
				provider shall promptly comply with state directives necessary to insure
				compliance with federal and state statutes and regulations relating to the
				prevention of discriminatory employment practices.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.110 - Civil rights of recipients of services

Current through May 31, 2024
(a) The provider
				shall comply with the requirements of the following federal statutes:
(1) 42 U.S.C. 2000  d (Civil Rights Act of
				1964);
(2)
										41 U.S.C.
				701 -
				707 (Drug Free Workplace Act of
				1988);
(3)
										42 U.S.C.
				12101 -
				12213 (Americans with Disabilities
				Act of 1990).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.120 - Confidentiality

Current through May 31, 2024
(a) If a federal or state statute or
				regulation requires confidentiality in a grant program, the department will
				establish procedures for preserving confidentiality before the department
				awards the provider agreement. The department will include the procedures as
				part of the terms of the provider agreement.
(b) Personally identifiable information
				obtained from a provider by the department relating to a recipient of services
				paid for, in whole or part, by the department remains confidential under
				AS
				40.25.120(a).
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.130 - Administrative policies of providers

Current through May 31, 2024
(a) A provider
				shall establish written policies relating to employee salaries and overtime,
				employee leave, employee relocation costs, use of consultants and consultant
				fees, training, criminal background checks, if necessary for the protection of
				vulnerable or dependent recipients of services, and conflicts of interest. The
				provider shall apply these policies consistently in the administration of the
				provider agreement without regard to the source of the money used for the
				purposes to which the policies relate.
(b) A provider that is a nonprofit
				organization must establish and adhere to a written policy stating that an
				employee of the provider may not be a member of the provider's governing
				board.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.140 - Accounting requirements

Current through May 31, 2024
A provider shall maintain the financial records and accounts
				  of the provider agreement using accounting principles generally accepted in the
				  United States, in a manner that permits those records and accounts to be
				  audited as prescribed in
				  7 AAC 81.160.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.150 - Reports

Current through May 31, 2024
To receive money under this chapter, the provider must, if
				  requested by the department,
(1)
				furnish the department with confidential information about the recipients of
				services paid for, in whole or part, by the department and comply with
				applicable state or federal statutes and regulations regarding the submission
				of that information; and
(2)
				provide other information the department considers necessary to evaluate the
				efficacy of service delivery or compliance with applicable state or federal
				statutes and regulations.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.160 - Audit requirements

Current through May 31, 2024
(a) The department may conduct an audit of a
				provider's operations at any time that the department determines that an audit
				is needed. The auditor may be a representative of the department or an
				independent certified public accountant. If the provider agreement includes
				money provided by the federal government or a municipal government, and the
				federal or municipal government conducts an audit, the auditor may be a
				representative of the federal or municipal government or an independent
				certified public accountant. For an audit conducted under this subsection, the
				provider shall provide the auditor with reasonable access to the provider's
				books, documents, papers, and records.
(b) An audit referred to in this section must
				be conducted in accordance with auditing standards generally accepted in the
				United States and the standards applicable to financial audits contained in the
				most current version of
Government Auditing Standards,
issued
				by the Comptroller General of the United States.
(c) Within 30 days after a provider receives
				written notice of an audit report prepared under this section that questions a
				cost incurred by the provider or otherwise notes an audit exception, the
				provider shall furnish to the department a response to the question or
				exception. If the provider fails to respond, or if the department determines
				that the response does not adequately explain or justify the questioned cost or
				other audit exception, the department may require the provider to refund to the
				department the money paid on the questioned cost or other audit exception, as
				applicable. The provider shall refund the money as specified by the
				department.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.170 - Monitoring and evaluation

Current through May 31, 2024
(a) A
				representative of the department may monitor and evaluate the performance of
				providers.
(b) The department may
				enter into a contract with a third party to provide for monitoring and
				evaluation of provider performance under (a) of this section.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.180 - Retention of records

Current through May 31, 2024
(a) A provider shall ensure that its records,
				and the records of each subcontractor under 7 AAC 81.190, are protected and
				preserved as required by this chapter and other applicable state and federal
				law. The provider shall safeguard confidential information and ensure that any
				disclosure of that information is made in a manner that is permissible under
				applicable state and federal law.
(b) The provider shall retain and preserve
				financial and administrative provider records, including records of the receipt
				and disposition of other-source income, for at least three years, subject to
				the following
(1) the provider shall retain
				the records as long as an audit is in progress or as long as audit findings,
				litigation, or claims involving the records are pending;
(2) the retention period for each year's
				records begins on the date of submission to the department of the provider's
				annual or final financial status report or its equivalent.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.185 - Transfer of records

Current through May 31, 2024
(a) The provisions of this section apply to
				the records of a provider or a subcontractor that relate to a provider
				agreement, including the records of each recipient of service under the
				provider agreement, if the provider's business or organization closes or ceases
				to exist as a service provider under the provider agreement, or if the records
				must be transferred for any other reason.
(b) If a provider decides to close or cease
				to exist as a service provider under a provider agreement, the provider shall
				notify the department in writing within 48 hours of the decision. A notice
				under this subsection must
(1) be signed by
				the provider's board of directors or chief executive officer;
(2) indicate whether the provider will
				transfer its records to
(A) a continuing board
				or other officers; or
(B) the
				department, if no continuing board or other officers will assume the provider's
				responsibilities, and
(3) include a formal plan for the transfer of
				records that includes
(A) a description of
				how and when the provider will notify each recipient of service regarding where
				the files will be transferred, and how the recipient can continue to receive
				services and obtain a copy of that recipient's records; the plan for notice
				under this subparagraph must include those recipients for whom the provider has
				on file a signed release allowing the recipient's files to be transferred, and
				those for whom a signed release has not been obtained;
(B) a complete list of all files being
				transferred; and
(C) a complete
				list of all recipients of services who will be sent the notice under (A) of
				this paragraph.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.200 - Request for appeal

Current through May 31, 2024
(a) A provider may appeal the following
				decisions under
				7 AAC 81.210:
(1)
				ineligibility decision under
				7 AAC 81.060(c);
(2) disapproval of a provider agreement under
				7 AAC 81.060(d);
(3) a decision to terminate an agreement
				under the provisions of the provider agreement.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.210 - Appeal procedures

Current through May 31, 2024
(a) If the commissioner appoints a hearing
				officer under
				7 AAC 81.200(d) to hear an appeal, the
				hearing officer will set a date for a hearing that is no more than 15 days
				after the appointment.
(b) The
				hearing officer may
(1) upon the agreement of
				the appellant, for good cause shown, or as is otherwise in the interest of the
				state, extend the time set for the hearing;
(2) arrange for the hearing to be held by
				teleconference;
(3) with the
				agreement of the appellant, review the appeal on the basis of the written
				submissions of the appellant and the department, without a hearing.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.220 - Limitation of appropriations

Current through May 31, 2024
(a) During each
				state fiscal year, the department will authorize the payment of costs under a
				provider agreement only to the extent of money allocated in the state budget
				for the grant program for that fiscal year.
(b) The department will determine the amount
				of money, if any, that it will keep in reserve at a particular time, based on
				the part of the fiscal year that remains and the demand for services of the
				program that the department expects during the balance of the fiscal
				year.
(c) If authorized financing
				for a grant program is less than the amount required to provide service to all
				individuals who meet applicable eligibility criteria and seek those services,
				the department will prioritize which individuals will receive
				services.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 81 - Grant Services for Individuals › 7 AAC 81.950 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
				  chapter
(1) "approval" means a written
				agreement or permission to proceed, signed by the department, in response to a
				written request from a provider for approval of a proposed action;
(2) "approve" means to issue an
				approval;
(3) "commissioner" means
				the commissioner of the Department of Health and Social Services;
(4) "criminal background check" means a
				report of criminal justice information under
				13 AAC 68.300 -
				13 AAC 68.345;
(5) "department" means the Department of
				Health and Social Services;
(6)
				"grant program" means a program established by the department, or created under
				state or federal law, for which the department awards a provider agreement for
				the services or activities the provider provides;
(7) "individualized service plan" means the
				list of services to be provided to an individual determined according to the
				individual's strengths and needs without regard to the population as a
				whole;
(8) "other-source payments"
				means payments received by a provider with respect to services provided under a
				provider agreement, including Medicaid reimbursements and other third-party
				payments and payments received from or on behalf of the recipient of the
				services;
(9) "political
				subdivision of the state" means a
(A)
				municipality; or
(B) regional
				educational attendance area organized under AS 14.08 and
				AS
				29.03.020;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 82 - Services to the Blind or Visually Impaired › 7 AAC 82.010 - Qualifications for teaching the use of orientation and mobility aids

Current through May 31, 2024
(a) Subject to
				(c) of this section, a person who is employed by the state or a political
				subdivision of the state to teach the use of orientation and mobility aids to
				blind or visually impaired students who are 16 years of age or older must
				satisfy one or more of the following requirements:
(1) hold a valid Orientation and Mobility
				Specialist Certification issued by the Academy for Certification of Vision
				Rehabilitation and Education Professionals (ACVREP);
(2) have completed a bachelor's degree or
				higher from an approved institution of postsecondary education, with a major
				course of study in the teaching of orientation and mobility skills;
(3) if the person is teaching the use of
				orientation and mobility aids in the public schools, hold a valid teacher
				certificate from the Department of Education and Early Development, of the type
				and with any endorsement required under
				4 AAC 12.365 for a person employed to provide related
				services in the field of orientation and mobility; or
(4) subject to (b) of this section, teach
				under the direct supervision of a person who meets the requirements of (1),
				(2), or (3) of this subsection.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 82 - Services to the Blind or Visually Impaired › 7 AAC 82.020 - Qualifications for teaching the use of assistive technology devices

Current through May 31, 2024
(a) Subject to
				(c) of this section, a person who is employed by the state or a political
				subdivision of the state to teach the use of assistive technology devices to
				blind or visually impaired students who are 16 years of age or older must
				satisfy one or more of the following requirements:
(1) have successfully completed a training
				program for use of the kind of device that the person teaches to students; that
				program must be offered by
(A) an approved
				institution of postsecondary education;
(B) an institution or organization that is
				recognized for providing effective training in the use of assistive
				technologies by a national organization that is concerned with the training of
				the blind or visually impaired; if a person certifies, under
				7 AAC 82.040, that the person meets the requirement set
				out in this subparagraph, the particular state agency or political subdivision
				that receives the certification may obtain from the department a confirmation
				as to whether the
(i) institution or
				organization that provided the training program is recognized as required in
				this subparagraph; and
(ii)
				department concurs with that recognition; or
(C) if the person is a vendor of the device
				for which the person provides training,
(i)
				the manufacturer of the device; or
(ii) an authorized representative of the
				manufacturer of the device;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 82 - Services to the Blind or Visually Impaired › 7 AAC 82.030 - Certification of qualifications to teach the use of orientation and mobility aids

Current through May 31, 2024
(a) In order for a person to receive payment
				from the state or a political subdivision of the state for teaching the use of
				orientation and mobility aids to blind or visually impaired students who are 16
				years of age or older, the person must first certify in writing to the state or
				political subdivision, as applicable, that the person meets the applicable
				requirements of
				7 AAC 82.010(a) or (c).
(b) A person who meets the requirements of
				7 AAC 82.010(a) (1),(2), or (3) must
				only provide the certification required by (a) of this section to a particular
				state agency or political subdivision before receipt of the first payment from
				that agency or political subdivision for work that is subject to
				7 AAC 82.010(a).
(c) A person who meets only the requirements
				of 7 AAC 82.010(a) (4) or (c) must provide the certification required
				by (a) of this section to a particular state agency or political subdivision
(1) before receipt of the first payment from
				that agency or political subdivision for work that is subject to
				7 AAC 82.010(a); and
(2) annually thereafter, while the person
				continues to receive payments from that agency or political subdivision for
				work that is subject to
				7 AAC 82.010(a).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 82 - Services to the Blind or Visually Impaired › 7 AAC 82.040 - Certification of qualifications to teach the use of assistive technology devices

Current through May 31, 2024
(a) In order for a person to receive payment
				from the state or a political subdivision of the state for teaching the use of
				assistive technology devices to blind or visually impaired students who are 16
				years of age or older, the person must first certify in writing to the state or
				political subdivision, as applicable, that the person meets the applicable
				requirements of
				7 AAC 82.020(a) or (c).
(b) A person who meets the requirements of
				7 AAC 82.020(a) (1) or (2) is only
				required to provide the certification required by (a) of this section to a
				particular state agency or political subdivision before receipt of the first
				payment from that agency or political subdivision for work that is subject to
				7 AAC 82.020(a).
(c) A person who meets only the requirements
				of 7 AAC 82.020(a) (3) or (c) must provide the certification required
				by (a) of this section to a particular state agency or political subdivision
(1) before receipt of the first payment from
				that agency or political subdivision for work that is subject to
				7 AAC 82.020(a); and
(2) annually thereafter, while the person
				continues to receive payments from that agency or political subdivision for
				work that is subject to
				7 AAC 82.020(a).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 82 - Services to the Blind or Visually Impaired › 7 AAC 82.900 - Covered employment

Current through May 31, 2024
In addition to services provided as an employee in an
				  employer-employee relationship, employment to perform services subject to the
				  requirements of
				  AS
				  47.80.400 and this chapter includes services
				  provided by a person as
(1) an
				independent contractor;
(2) a
				grantee; or
(3) an employee of an
				independent contractor or grantee.
Authority:
AS
					 47.05.010
AS
					 47.80.400
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 82 - Services to the Blind or Visually Impaired › 7 AAC 82.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
				  otherwise,
(1) "approved institution
				of postsecondary education" means an institution of postsecondary education
				that is authorized to operate in this state by the Alaska Commission on
				Postsecondary Education under AS 14.48 or in another state by a comparable
				regulatory entity established under the laws of that state;
(2) "assistive technology device" means an
				item, piece of equipment, or product system, whether acquired commercially off
				the shelf, modified, or customized, that is used to increase, maintain, or
				improve the functional capabilities of people who are blind or visually
				impaired;
(3) "kind of device"
				means a category of assistive technology devices that consists of various
				devices having similar purposes and functions, including computing equipment,
				recording equipment, and vision-enhancing equipment;
(4) "orientation and mobility aid" means an
				item, piece of equipment, or product system, whether acquired commercially off
				the shelf, modified, or customized, that is used by blind or visually impaired
				people to enable them to attain systematic orientation to, and safe movement
				within, their environment at school, at home, and in the community.
Authority:
AS
					 47.05.010
AS
					 47.80.400
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 1 - Submission of Information › 7 AAC 85.005 - Purpose and coverage of chapter

Current through May 31, 2024
(a) The purpose of
				  this chapter is to
(1) standardize and
				  simplify the management of records that contain behavioral health information;
				  and
(2) improve the quality and
				  timeliness of reporting behavioral health information.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 1 - Submission of Information › 7 AAC 85.010 - Providers subject to this chapter

Current through May 31, 2024
(a) The provisions
				  of this chapter apply to a provider that furnishes behavioral health services
				  paid for, in whole or in part, by the department, including
(1) a community mental health center to which
				  financial assistance is provided under
				  AS
				  47.30.520-47.30.620;
(2) a nonprofit corporation or political
				  subdivision to which financial assistance is provided under
				  AS
				  47.30.520-47.30.620;
(3) an agency or individual providing mental
				  health services under a subcontract with a community mental health center
				  described in (1) of this subsection or with a nonprofit corporation or
				  political subdivision described in (2) of this subsection;
(4) an evaluation facility or a treatment
				  facility under 7 AAC 72;
(5) a
				  grantee that receives money from the department under
				  AS
				  47.30.475 or
				  AS
				  47.37.030; and
(6) an opioid use disorder treatment program
				  approved under 7 AAC 70.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 1 - Submission of Information › 7 AAC 85.015 - Required submission of information

Current through May 31, 2024
A provider described in
					 7 AAC 85.010(a) shall, and a provider
					 described in
					 7 AAC 85.010(b) if authorized to do so
					 by the department may, submit to the department the information described in
					 this section for each recipient of behavioral health services for inclusion in
					 an electronic information system. For each recipient, the information to be
					 submitted is, as applicable,
(1)
				  recipient identification numbers;
(2) recipient demographics, including age,
				  gender, race, home community, and other information specified by the
				  department; the department will allow a reasonable period of time within which
				  to submit any additional information that may be needed under this
				  paragraph;
(3) clinical status
				  indicators for the recipient;
(4)
				  recipient diagnosis codes;
(5)
				  procedure codes associated with direct treatment services for the
				  recipient;
(6) costs associated
				  with the provision of the services or treatment paid for, in whole or in part,
				  by the department; and
(7) any
				  treatment results applicable to the recipient.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 1 - Submission of Information › 7 AAC 85.020 - Submission of electronic information

Current through May 31, 2024
(a) If the
				  department requires a provider identified in
				  7 AAC 85.010 to provide information by electronic
				  transmission, or if a provider identified in
				  7 AAC 85.010(b) voluntarily provides
				  information by electronic transmission, the provider shall submit the
				  information
(1) by a secure electronic
				  transmission procedure approved by the department, unless the department
				  authorizes another form of transmittal;
(2) in a format specified by the department;
				  and
(3) not later than a reasonable
				  deadline specified by the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 1 - Submission of Information › 7 AAC 85.025 - Obligation to submit accurate and complete information

Current through May 31, 2024
The department
(1)
				  will take reasonable steps as necessary to ensure that information submitted by
				  a provider under this chapter is accurate and complete; and
(2) may require a provider to correct
				  information that is found to be inaccurate or incomplete.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 2 - Use, Disclosure, and Access › 7 AAC 85.200 - Confidential information

Current through May 31, 2024
(a) Subject to the
				  provisions of
				  7 AAC 85.205, information submitted to the department
				  under this chapter about a recipient is confidential information protected
				  under AS
				  11.56.860 and
				  AS
				  40.25.120(a).
(b) The provisions of this chapter do not
				  affect the obligations of the department or a provider to maintain
				  confidentiality under other state or federal law, including
				  P.L.
				  104-191, August 21, 1996 (the Health Insurance
				  Portability and Accountability Act of 1996, HIPAA); 42 C.F.R. Part 2; and 45
				  C.F.R. Parts 160, 162, and 164.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 2 - Use, Disclosure, and Access › 7 AAC 85.205 - Use and disclosure of information

Current through May 31, 2024
(a) The department
				  will retain control and custody of information submitted under this chapter.
				  Except as provided in (b) of this section and allowed under (c) of this
				  section, the department will disclose that information only in the form of
				  nonidentifying aggregate data and only as allowed under (c) of this
				  section.
(b) Subject to (c) of this
				  section, the department will limit the use of identifying information to
				  purposes directly related to the administration of mental health or substance
				  abuse programs. Subject to (c) of this section, the department will
(1) furnish a provider with records submitted
				  by that provider;
(2) disclose
				  information for an approved research project;
(3) disclose to department staff information
				  for purposes of program oversight and program evaluation; and
(4) allow access to computer records as
				  provided in
				  7 AAC 85.210.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 2 - Use, Disclosure, and Access › 7 AAC 85.210 - Access to confidential electronic records

Current through May 31, 2024
Subject to
					 7 AAC 85.400 -
					 7 AAC 85.410, the department will allow access to
					 electronic records that contain confidential information only to a
(1) provider approved by the department when
				  the provider seeks access to records that it submitted to the department under
				  this chapter; or
(2) system and
				  database administrator authorized by the department, if the administrator has
				  read and understands the applicable requirements of state and federal law
				  dealing with confidential information and system security, including
				  7 AAC 85.200 and other applicable state and federal
				  law.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 2 - Use, Disclosure, and Access › 7 AAC 85.220 - Closure of provider; records

Current through May 31, 2024
If a provider that receives money from the department under
					 AS
					 47.30.475,
					 AS
					 47.37.030, 7 AAC 78, or 7 AAC 81 closes or
					 ceases to exist as a service provider, the provider's records under that grant,
					 including recipient records, are subject to the requirements of
					 7 AAC 78.255 or
					 7 AAC 81.185, as applicable.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 3 - Electronic Medical Records › 7 AAC 85.300 - Electronic medical records

Current through May 31, 2024
(a) An electronic
				  medical record satisfies a requirement for a paper record if
(1) the provider, in a written agreement with
				  the department that is prepared by the department,
(A) agrees to an electronic medical record as
				  a substitute for a paper record; and
(B) accepts responsibility for maintaining
				  appropriate security safeguards, including passwords and personal
				  identification numbers, and protecting the records from access by unauthorized
				  persons; and
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 4 - Security › 7 AAC 85.400 - General security requirements

Current through May 31, 2024
(a) The department
				  will, and a provider, including a former provider, shall maintain all written
				  or computerized records that are subject to this chapter in a secure room,
				  locked file cabinet, safe, or other similar secure place when not in use. When
				  the records are in use, the department and a provider, including a former
				  provider, shall ensure that access to the records is restricted to persons who
				  are authorized under applicable state or federal law to have access to the
				  records.
(b) The department will,
				  and a provider, including a former provider, shall keep the records in a manner
				  that will permit the review of financial and administrative information with
				  minimal disclosure of clinical information and without disclosure of
				  identifying information except when necessary for a purpose authorized under
				  this chapter, and in accordance with applicable state or federal law.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 4 - Security › 7 AAC 85.405 - Electronic access

Current through May 31, 2024
The department will protect the security of an electronic
					 information system that is provided by the department to a provider by
(1) limiting access to the system and to
				  information related to the system through dual-level authentication maintained
				  by the provider;
(2) limiting
				  technical, administrative, and maintenance access by authentication;
(3) providing network access controls through
				  the use of a firewall or similar protection;
(4) monitoring system use through database
				  access monitoring tools;
(5)
				  protecting the confidentiality and integrity of information during electronic
				  transmission by the use of encryption controls; and
(6) updating security provisions as
				  needed.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 4 - Security › 7 AAC 85.410 - Physical access

Current through May 31, 2024
The department will allow physical access to a server,
					 database, or backup file of an electronic information system that is provided
					 by the department to a provider, only through secure, authenticated access to a
					 locked server or storage room.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 5 - General Provisions › 7 AAC 85.900 - Records retention

Current through May 31, 2024
(a) The department will destroy paper
				  documents submitted by a provider under this chapter for inclusion in an
				  electronic information system after the information has been entered into the
				  system and verified.
(b) The
				  department will retain information in an electronic format as long as necessary
				  to produce aggregate data for program administration, research, audit, or
				  informational purposes.
Authority:
AS
						18.05.040
AS 18.23.100
AS 47.05.010
AS 47.07.030
AS 47.07.040
AS 47.30.475
AS 47.30.477
AS 47.30.530
AS 47.30.540
AS 47.30.590
AS 47.30.660
AS 47.31.090
AS 47.37.030
AS 47.37.040
AS
						47.37.140
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 85 - Electronic and Other Records Containing Behavioral Health Information › Article 5 - General Provisions › 7 AAC 85.990 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, in this
					 chapter
(1) "aggregate data" means
				  recipient information that is summarized in report form without identifying
				  information;
(2) "behavioral health
				  information" means information regarding behavioral health services;
(3) "behavioral health services" means
(A) emergency services, including
				  detoxification and acute psychiatric hospitalization; and
(B) prevention, intervention, and treatment
				  services in the areas of mental health and alcohol abuse and other addictions,
				  including ongoing care and supportive services;