Alaska Administrative Code
Title 7 - Health and Social Services
Part 8 - Medicaid Coverage and Payment
Chapter 160 - Medicaid Program; General Provisions
Article 3 - General Provisions
7 AAC 160.990 - Definitions
Universal Citation: 7 AK Admin Code 160.990
Current through November 28, 2024
(a) In the definition of "health facility" in AS 47.07.900, "outpatient surgical clinic" means an ambulatory surgical center.
(b) In 7 AAC 105 - 7 AAC 160, unless the context requires otherwise,
(1) "Alaska Native" has the meaning given
"Native" in 43 U.S.C.
1602(b);
(2) "ambulatory surgical center" has the
meaning given in
AS
47.32.900;
(3) "American Indian" has the meaning given
"Indian" in 25 U.S.C.
479;
(4) "claim" means a request for payment
submitted to the department, on paper or electronically, by a Medicaid provider
who has provided a service to a recipient under 7 AAC 105 - 7 AAC
160;
(5) "clinical social worker"
means an individual licensed as a clinical social worker under AS
08.95;
(6) "CMS" means the United
States Department of Health and Human Services, Centers for Medicare and
Medicaid Services;
(7) "community
mental health clinic" means a program
(A)
headed by a
(i) physician, who may be a
psychiatrist; or
(ii) psychologist
or mental health professional clinician working under the general direction of
a physician;
(B) that
provides mental health services; and
(C) operates
(i) under 7 AAC 71; or
(ii) as a state-operated community mental
health clinic;
(8) "continued stay" mean a stay in a
facility that is uninterrupted by a discharge and readmission;
(9) "covered" or "coverage" means the
department pays for all or part of that service as a Medicaid service under
AS
47.07.030 and 7 AAC 105 - 7 AAC
160;
(10) repealed
(11) "crisis intervention" means short-term
mental health services provided to a recipient during an acute episode of a
mental, emotional, or behavioral disorder, that are intended to reduce the
symptoms of the disorder, prevent harm to the recipient or others, prevent
further relapse or deterioration of the recipient's condition, or stabilize the
recipient;
(12) "department" means
the Department of Health and Social Services;
(13) "dispensing provider" means one of the
following entities, if that entity dispenses drugs as part of a medical
practice, does not employ a pharmacist to dispense drugs, and is not enrolled
with Medicaid as an outpatient pharmacy:
(A) a
physician;
(B) a
podiatrist;
(C) a physician
assistant;
(D) an advanced practice
registered nurse;
(E) a rural
health clinic that meets the requirements of
7
AAC 140.210;
(F) a federally qualified health center that
meets the requirements of
7
AAC 140.205;
(G) a tribal health program;
(14) "EPSDT" means the early
periodic screening, diagnosis, and treatment program under Medicaid;
(15) "estate" has the meaning given in
AS
13.06.050;
(16) "facility" means
(A) a general acute care hospital;
(B) a specialty hospital; in this
subparagraph, "specialty hospital" has the meaning given in
7
AAC 150.990;
(C) a nursing facility;
(D) an intermediate care facility for the
mentally retarded;
(E) an inpatient
psychiatric hospital;
(F) a rural
health clinic;
(G) a federally
qualified health center;
(H) an
ambulatory surgical center;
(I) a
home health agency, except that in 7 AAC 150, "facility" does not include a
home health agency; or
(J) a
residential psychiatric treatment center, except that in 7 AAC 150, "facility"
does not include a residential psychiatric treatment center;
(K) an end-stage renal disease
facility;
(17) "family
psychotherapy" means a form of therapy in which members of a family or any two
or more individuals sharing a household, one of whom is a Medicaid recipient,
attend psychotherapy sessions together for the treatment of relationships
within the family or household to achieve better emotional, behavioral, or
social adjustments of all the individuals within the family or
household;
(18) "federal and state
laws" means laws of the United States government and laws of a jurisdiction of
the United States;
(19) "federally
qualified health center" means a facility that has filed an agreement with the
department to provide federally qualified health center services under
Medicaid;
(20) "fiscal agent" means
an organization that processes and pays provider claims on behalf of the
department;
(21) "freestanding
facility" means a facility that is individually licensed and enrolled to
provide health care services independent from administrative or financial
control of another facility;
(22)
"functional assessment" means a systematic evaluation of a recipient to assess
that recipient's functioning level in the areas of living skills, learning,
education, work, interpersonal skills, and other life skills necessary for
independent living, in order to develop an individualized written treatment
plan;
(23) "general acute care
hospital" has the meaning given in
7
AAC 12.990;
(24) "group practice" means a legally
organized partnership, professional corporation, foundation, nonprofit
corporation, or similar association comprised of one or more health care
providers;
(25) "group skill
development services" means face-to-face therapeutic skill instruction, skill
practice, and skill monitoring, offered in a group setting, designed to help
the recipient develop or improve specific self-care, self-direction,
communication, or social-interaction skills necessary for successful community
adjustment and interaction with persons in the recipient's home, school, work,
or community environment;
(26)
"home and community-based waiver services" means services provided under
AS
47.07.045 and 7 AAC 130;
(27) "home and community-based waiver
services provider" means a provider that the department has certified under
7
AAC 130.220 to provide one or more home and
community-based waiver services;
(28) "hospice care" has the meaning given in
AS
47.07.900;
(29) "hospital" means a facility licensed by
the department under 7 AAC 12 to provide inpatient and outpatient hospital
services;
(30) "ICF" means an
intermediate care facility;
(31)
"ICF/MR" means an intermediate care facility for the mentally
retarded;
(32) "individual
psychotherapy" means any form of treatment for mental illness, behavioral
maladaptation, or other problems that are assumed to be of an emotional nature,
in which a trained individual deliberately establishes a professional
relationship with an individual for the purpose of removing, modifying, or
retarding existing symptoms, attenuating or reversing disturbed patterns of
behavior, and promoting positive personality growth and development;
(33) "individual skill development services"
means face-to-face therapeutic self-care and life skill instruction, skill
practice, and skill monitoring, provided to an individual, and designed to help
the recipient develop or improve specific self-care skills, engage in
age-appropriate social behavior, maintain the recipient's household, and
develop the ability to be independent within the recipient's
community;
(34) "inpatient
interdisciplinary team" means a team composed of physicians and other personnel
who are employed by an inpatient psychiatric hospital facility, a residential
psychiatric treatment center, or an individual who renders services to
recipients in either facility;
(35)
"inpatient psychiatric hospital" means a hospital or part of a hospital, other
than a residential psychiatric treatment center, that delivers medical and
inpatient psychiatric services described in
7
AAC 12.215;
(36) "inpatient psychiatric services" means
diagnostic and treatment services for mental, behavioral, and emotional
disorders provided in an inpatient psychiatric hospital that meets the
conditions for payment under
7
AAC 140.350, or provided in a residential psychiatric
treatment center that meets the conditions for payment under
7
AAC 140.400;
(37) "intake assessment" means a systematic
evaluation of a recipient upon admission to services, and periodically during
the course of treatment, to assess and document mental status, social and
medical history, the presenting problems and related symptoms, the recipient's
strengths and resources, and service needs of the recipient for the purposes of
establishing a diagnosis and developing an individualized treatment
plan;
(38) "intermediate care
facility" means a nursing facility that provides intermediate care services
described in
7
AAC 140.510; "intermediate care facility" does not
include an intermediate care facility for the mentally retarded;
(39) "intermediate care facility for the
mentally retarded" means a facility, or a distinct part of one, that
(A) is licensed under AS 47.32;
(B) is primarily for the diagnosis,
treatment, or rehabilitation of the mentally retarded or persons with related
conditions; and
(C) has met the
conditions for payment under
7
AAC 140.600;
(40) "jurisdiction" means a state or
territory of the United States and the District of Columbia;
(41) "legend drug" has the meaning given in
AS
08.80.480;
(42) "long-term care" means
(A) services provided in a nursing
facility;
(B) services provided in
an intermediate care facility for the mentally retarded;
(C) home and community-based waiver services;
or
(D) any other services received
in a medical institution by a recipient who is an institutionalized individual
required to pay a portion of that individual's income toward the cost of care
under 7 AAC 100.550 -
7
AAC 100.579;
(43) "long-term care facility" means an
intermediate care facility for the mentally retarded or a nursing
facility;
(44) "Medicaid" means the
medical assistance program administered by the department under
42 U.S.C.
1396-
1396 v and AS 47.07, including
those eligibility groups and services for which additional federal financial
participation is available under
42 U.S.C.
1397 aa;
(45) "medical institution" has the meaning
given in 7 AAC 100.990;
(46) "Medicare" means the medical assistance
program administered by the federal government through private health insurance
companies under 42 U.S.C.
1395-
1395 iii;
(47) "Medicare cost report" means the uniform
cost report that a facility must prepare under
42 C.F.R.
413.20-
413.24;
(48) repealed 10/1/2011;
(49) "mental health professional clinician"
means
(A) an individual who
(i) is working for an enrolled community
behavioral health services provider;
(ii) is performing community behavioral
health services that are within that individual's field of expertise;
(iii) is not working in a capacity that
requires the individual to be licensed under AS 08; and
(iv) has a master's degree or more advanced
degree in psychology, counseling, child guidance, community mental health,
marriage and family therapy, social work, or nursing;
(B) a nurse who
(i) has a master's degree in
nursing;
(ii) has received special
training or experience in mental health;
(iii) has an active license to practice
nursing issued by the jurisdiction in which the nurse provides services, or if
services are provided in this state, holds an active license under AS 08.68;
and
(iv) is working in the
individual's field of expertise;
(C) a marital and family therapist who
(i) has an active license to practice marital
and family therapy issued by the jurisdiction in which the marital and family
therapist provides services, or if services are provided in this state, holds
an active license under AS 08.63; and
(ii) is working in the individual's field of
expertise;
(D) a
professional counselor who
(i) has an active
license to practice as a professional counselor issued by the jurisdiction in
which the professional counselor provides services, or if services are provided
in this state, holds an active license under AS 08.29; and
(ii) is working in the individual's field of
expertise;
(E) a social
worker who
(i) has a master's degree in
social work;
(ii) has an active
license to practice as a social worker issued by the jurisdiction in which the
social worker provides services, or if services are provided in this state,
holds an active license under AS 08.95; and
(iii) is working in the individual's field of
expertise; or
(F) a
psychologist or psychological associate who
(i) has an active license to practice as a
psychologist or psychological associate issued by the jurisdiction in which the
psychologist or psychological associate provides services, or if services are
provided in this state, holds an active license under AS 08.86; and
(ii) is working in the individual's field of
expertise;
(50) "nursing facility" has the meaning given
in AS
18.20.390; "nursing facility" includes a
skilled nursing facility and an intermediate care facility;
(51) "part A of Medicare" means that portion
of the Medicare program providing coverage for hospital care under
42 U.S.C.
1395 c - 1395i-5;
(52) "patient" means an individual who
receives medical attention, care, or treatment;
(53) "person" has the meaning given in
AS
01.10.060; "person" includes a municipality
and the state;
(54) repealed
10/1/2011;
(55) "physiatrist" means
a physician who specializes in that branch of medicine using physical therapy,
physical agents, such as light, heat, water, and electricity, and mechanical
apparatus, in the diagnosis, prevention, and treatment of bodily disorders
known as physiatrics;
(56)
"prescription drug" has the meaning given in
AS
08.80.480;
(57) "primary care" means the provision of
professional comprehensive health services that includes health education and
disease prevention, initial assessment of health problems, treatment of acute
and chronic health problems, and the overall management of an individual's or
family's health care services;
(58)
"prior authorization" means approval by the department, in accordance with
7
AAC 105.130 and service-specific requirements in 7 AAC
105 - 7 AAC 160, of a certain type and number of units of Medicaid-covered
services before those services are provided;
(59) "provider" means an individual, firm,
corporation, association, or institution that provides, medical assistance to a
recipient under Medicaid;
(60)
"psychiatric assessment" means a systematic evaluation of a recipient to
determine symptomatology, establish a diagnosis, and prescribe needed
treatment;
(61) "psychiatric
facility" means a licensed hospital facility or part of a licensed hospital
facility that is primarily for the diagnosis and treatment of mental,
emotional, or behavioral disorders;
(62) "psychiatrist" means a physician
licensed to practice medicine in the jurisdiction in which services are
provided, and who has completed a fully qualified residency in
psychiatry;
(63) "psychological
associate" means an individual licensed in the jurisdiction in which services
are provided, who renders specific mental health services in association with a
licensed psychologist within the scope of practice identified in
12 AAC 60.185;
(64) repealed 10/1/2011;
(65) "psychologist" means an individual who
is licensed to practice psychology in the jurisdiction in which services are
provided;
(66) "psychosocial
assessment" has the meaning given in this section for "functional
assessment";
(67) "quality
improvement organization" or "QIO" means an organization that has a contract
with the Department of Health and Human Services, Centers for Medicare and
Medicaid Services, under part B of title XI of the Social Security Act,
42 U.S.C.
1320 c - 1320c-12, to perform utilization and
quality control review of the health care furnished, or to be furnished, to
Medicare beneficiaries, and operates under a contract with the state to provide
preadmission screening and utilization review services;
(68) "RBRVS" means resource-based relative
value scale;
(69) "recipient" means
an individual who has been determined eligible for Medicaid in this state,
including home and community-based waiver services, and who is receiving, is
authorized to receive, or has received a Medicaid-covered service from a
provider enrolled in the Medicaid program in this state;
(70) "recipient's representative" means a
parent, guardian, or other individual with legal authority to act on the
recipient's behalf;
(71)
"recoupment" means an action by the department to recover an overpayment by
reducing future payments to the provider until the amount of the overpayment
has been offset;
(72) "rendering
provider" means a provider whose direct services are paid through a health care
provider enrolled under
7
AAC 105.200(a);
(73) "residential care" means a residential
living arrangement that provides a structured setting with supervision and care
where the needs of the residents are largely social; a facility providing
residential care is one that offers
(A)
shelter, food, household maintenance, encouragement, and assistance to the
residents;
(B) guidance as
necessary in activities of daily living;
(C) social and recreational activities and
opportunities; and
(D) arrangements
made to secure medical services when the need is indicated;
(74) "residential psychiatric
treatment center" means a freestanding facility that
(A) provides residential child care and
inpatient psychiatric services for the diagnosis and treatment of child and
adolescent mental, emotional, or behavioral disorders;
(B) is licensed under AS 47.32;
(C) meets the requirements of
7
AAC 140.400; and
(D) is not a provider eligible for payment
under 7 AAC 150;
(75)
"respite care" means care provided to an individual for the purpose of relief
of family members or other regular care providers in the home, except for
personal care assistants;
(76)
"rural health clinic" means a facility that has filed an agreement with the
department to provide rural health clinic services under Medicaid;
(77) "RVU" means relative value
unit;
(78) "service" means a
medical evaluation or procedure, drug, medical supply, item, equipment,
transportation, or other benefit related to an individual's health or delivery
of health care;
(79) "skilled
nursing facility" has the meaning given in
42 U.S.C.
1395i-3(a);
(80) "SNF" means a skilled nursing
facility;
(81) "tribal health
program" means a hospital, clinic, or other type of health care facility or
program operated by
(A) the United States
Department of Health and Human Services, Indian Health Service;
(B) an Indian tribe as defined in
25 U.S.C.
450 b(e) and 458aaa(b);
(C) a tribal organization as defined in
25 U.S.C.
450 b (l); or
(D) an inter-tribal consortium as defined in
25 U.S.C.
458 aaa(a)(5) or established by federal
law;
(82) "utilization
review" means the process of evaluating the appropriateness and efficient use
of medical services and facilities, including admission criteria, length of
stay, and discharge practices;
(83)
"skilled nursing visit" means a personal visit by a nurse to perform a level of
care or treatment that requires the nurse to be licensed in the jurisdiction in
which services are provided;
(84)
"national drug code" or "NDC" means the code assigned by the United States Food
and Drug Administration under 21 C.F.R. Part 207 (registration of producers of
drugs and listing of drugs in commercial distribution);
(85) repealed 6/16/2016;
(86) "behavioral health clinical associate"
means an individual
(A) who has less than a
master's degree in psychology, social work, counseling, or a related field with
specialization or experience in providing rehabilitation services to recipients
with severe behavioral health conditions;
(B) whose responsibilities may include
provision of psychosocial evaluation, education related to a recipient's
behavioral health condition, encouraging and coaching, counseling, and teaching
of needed life skills; and
(C) who
works within the scope of the individual's training, experience, and
education;
(87)
"behavioral health services" means the behavioral health clinic services
identified in
7
AAC 135.010(b) and the behavioral
health rehabilitation services identified in
7
AAC 135.010(c);
(88) repealed 6/16/2016;
(89) "community behavioral health services
provider" has the meaning given in
7
AAC 70.990;
(90) "counseling" means an exchange of
information, opinions, and ideas between the recipient and the recipient's
provider about the recipient's life choices and behaviors for the purpose of
helping the recipient make positive changes in the recipient's
behavior;
(91) "detoxification"
means the immediate physiological stabilization, diagnosis, and treatment of a
recipient who is intoxicated, incapacitated, or experiencing withdrawal from
using alcohol or drugs;
(92)
"functional impairment"
(A) means a disorder
that substantially interferes with or prevents a recipient from achieving or
maintaining one or more developmentally appropriate social, behavioral,
cognitive, communicative, or adaptive skills;
(B) includes disorders of episodic,
recurrent, or continuous duration;
(C) does not include temporary, expected
responses to stressful events in the recipient's environment;
(93) "group psychotherapy" means a
form of psychotherapy in which two or more individuals participate together in
the presence of one or more psychotherapists;
(94) "mental, emotional, or behavioral
disorder" means a disorder identified by a provider listed in
7
AAC 135.030 and in accordance with the
(A)
Diagnostic and Statistical Manual
of Mental Disorders, adopted by reference in
7
AAC 160.900;
(B)
International Classification of
Diseases, adopted by reference in
7
AAC 160.900; or
(C)
Diagnostic Classification of
Mental Health and Developmental Disorders of Infancy and Early Childhood:
Revised Edition (DC:0-3R), adopted by reference in
7
AAC 160.900;
(95) "mental health physician clinic" means a
clinic, operated by one or more psychiatrists, that exclusively or primarily
provides mental health clinic services furnished by a psychiatrist or by one or
more of the professionals identified in
7
AAC 135.030(d) (2);
(96) repealed 4/9/2017
(97) "neuropsychological testing" means the
administration of specific psychological tests that are designed to measure and
identify cognitive impairments that may be the result of brain
damage;
(98) "psychotherapy" means
the treatment of a mental, emotional, or behavioral disorder through the use of
psychological techniques;
(99)
"recipient's residence"
(A) means the
physical location where the recipient conducts the daily activities of sleeping
and storage of personal possessions, whether temporary or permanent, regardless
of recipient ownership;
(B)
includes a dwelling maintained by a public or private support organization or
an assisted living home;
(100) "severe behavioral health disorder"
means an individual
(A) has a substance use
disorder;
(B) is a child
experiencing a severe emotional disturbance; or
(C) is an adult experiencing a serious mental
illness;
(101)
"substance abuse" means a maladaptive pattern of substance use manifested by
recurrent and significant adverse consequences related to the repeated use of
substances;
(102) "substance use
disorder" means a disorder that is identified by a diagnostic code found in the
American Psychiatric Association's Diagnostic and Statistical Manual of
Mental Disorders, adopted by reference in
7
AAC 160.900, and that is related to
(A) alcohol, amphetamine, or similar acting
sympathomimetics;
(B) cannabis,
cocaine, hallucinogens, inhalants, nicotine, or opioids;
(C) analogs of phencyclidine (PCP) or similar
arylcyclohexylamines; or
(D)
sedatives, hypnotics, or anxiolytics;
(103) "urinalysis" means laboratory testing
of a recipient's urine performed by a laboratory accredited under 42 C.F.R.
Part 493 ;
(104) "Medicare Part B"
means that portion of the Medicare program providing coverage for physician and
outpatient care under 42
U.S.C. 1395 j - 1395w-5.
(105) "FDA" means the United States Food and
Drug Administration.
(106) "opioid
use disorder treatment program" means an individual or entity that
(A) administers or dispenses a narcotic drug
to a narcotic addict for withdrawal or maintenance treatment;
(B) provides to individuals when appropriate
or necessary a comprehensive range of medical and behavioral health clinical
and rehabilitative services; and
(C) is approved under 7 AAC 70.
(107) "background check" means the
processing of an individual's fingerprints, name, social security number, and
other identifying information as described in
7
AAC 10.915.
(108) "Community First Choice personal care
services" means personal care services provided under 7 AAC 127;
(109) "Community First Choice services" means
personal care services and other services provided under 7 AAC 127.
(110) repealed 11/10/2019.
(111) "1115 waiver" means the Substance Use
Disorder and Behavioral Health Program demonstration approved by the United
States Department of Health and Human Services. Centers for Medicare and
Medicaid Services as a section 1115 waiver under
42 U.S.C.
1315(a).
Authority:AS 47.05.010
AS 47.07.040
AS 47.07.055
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