Section 7 AAC 53.061 - Intensive augmented rates for children with special circumstances(a) In addition to the base rate under 7 AAC 53.030 and subject to appropriation, the department may pay intensive augmented rates for a child, if the department determines that the child's needs are at a level set out in this section. The department will establish intensive augmented rates on a case-by-case basis for each eligible child.(b) The department will not set an intensive augmented rate that exceeds 500 percent of the base rate for foster care under 7 AAC 53.030.(c) A child who receives an intensive augmented rate is not eligible to receive a difficulty-of-care augmented rate under 7 AAC 53.060.(d) The department may pay an intensive augmented rate for a child (1) for whom a Department of Health assessment and approval under 7 AAC 130.200 - 7 AAC 130.219 is pending for Medicaid home and community-based waiver services, if the child might be eligible under the recipient category of children with complex medical conditions;(2) whom the Department of Health has is approved but wait listed under 7 AAC 130.200 - 7 AAC 130.219 for Medicaid home and community-based waiver services for the recipient category of individuals with intellectual and developmental disabilities;(3) for whom the department determines that Medicaid home and community based waiver services provided through the Department of Health under 7 AAC 130 or services provided through other service agencies are not sufficient to cover the cost of the child's care, or if the child has needs for which approval and payment are unavailable through the Department of Health under 7 AAC 130 or through another service agency; or(4) who does not qualify for waiver services listed in (1), (2), or (3) of this subsection but has complex medical or behavioral needs that place the child at risk of inpatient hospitalization or placement in a residential treatment facility, or who is without a stable placement resulting from the complex medical or behavioral needs; those needs include(A) intellectual disabilities;(B) neurobehavioral issues;(C) physical aggression; or(D) maladaptive sexualized behaviors.(e) The department will set intensive augmented rates after the department makes a determination of (1) what services will be paid for through the Department of Health under 7 AAC 130; and(2) what services are available through another service agency.(f) When setting intensive augmented rates, the department will include only reimbursement for the additional care, supervision, and management that a foster parent provides to maintain a child with complex medical conditions or a child with intellectual and developmental disabilities in a home environment.(g) An intensive augmented rate that the department pays under (d)(1) and (2) of this section terminates once Medicaid home and community-based waiver services are approved and established through the Department of Health under 7 AAC 130.200 - 7 AAC 130.219.(h) The department will not pay an intensive augmented rate for services available and approved for a child through the Department of Health under 7 AAC 130.(i) A parent or foster parent may not terminate services provided under 7 AAC 130 for a child in the custody of the departmental office that oversees children's services. Only the department may terminate or consent to close services provided under 7 AAC 130 for a child in the custody of the departmental office that oversees children's services.(j) If approved, the department will reassess intensive augmented rates under this section at least every six months. If the department determines that a rate reduction is appropriate, the department will provide notice to the foster parents not later than 30 days before the reduction is effective.(k) A foster parent has the right to request a review under 7 AAC 54.500 or an evidentiary hearing under 7 AAC 54.510 to review a decision not to approve or a decision to reduce or terminate intensive augmented rates under this section.Eff. 8/1/2015, Register 215, October 2015; am 7/1/2022, Register 242, July 2022; am 4/9/2023, Register 246, July 2023Authority:AS 44.30.020
47.06.010
AS 47.10.080
AS 47.14.010
AS 47.14.120
AS 47.32.030