Section 7.53.060. Difficulty-of-care augmented rates.

	(a)  In addition to the base rate under 7 AAC 53.030 and subject to appropriation, the department may approve difficulty-of-care augmented rates for a child, if after assessment the department determines that the child's needs are at a level that exceeds the basic care provided in a licensed foster home.  
	(b)  A request for a difficulty-of-care augmented rate assessment must be made in writing and submitted  
		(1) by the child's department placement worker; or  
		(2) to the child's department placement worker by the child's  
			(A) parent;  
			(B) current foster parent;  
			(C) attorney; or  
			(D) guardian ad litem.  
	(c)  Once requested and after assessment, the department will determine the child's eligibility for a difficulty-of-care augmented rate based on the child's current needs. The department will notify the foster parent of the child's eligibility for and the department's determination of a difficulty-of-care augmented rate for the child.  
	(d)  If approved, the department will reassess difficulty-of-care augmented rates in this section at least every six months, and will compute the necessary rate change. Children in care are expected to improve with the provision of foster care services, and the department may reduce rates as appropriate. 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.  
	(e)  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 difficulty-of-care augmented rates under this section.  
	(f)  Upon application or referral, the department will determine the difficulty-of-care augmented rate as follows:  
		(1) for children in the custody of the department who are receiving services from the departmental office that oversees children's services under AS 47.10,  that office shall conduct an assessment that determines the child's needs in the foster care placement and the role and level of responsibility of the foster parent in meeting the child's existing needs; the office shall conduct the assessment using the tables in the office's Child Protective Services Manual, section 6.2.2.3.A, pages 6 and 7, revised as of June 1, 2011 and adopted by reference; if the assessment score documents that the child's needs are at a level that exceeds the basic care provided in a licensed foster home, the office shall calculate an additional rate as follows:  
			(A) for children who are to receive specialized care: an additional rate per day over the base rate in 7 AAC 50.030(b) equal to the hourly minimum wage in this state multiplied by 1.5;  
			(B) for children who are to receive structured care: an additional rate per day over the base rate in 7 AAC 50.030(b) equal to the hourly minimum wage in this state multiplied by three;  
		(2) for children in the custody of the department who are receiving services from the departmental division that oversees juvenile justice under AS 47.12,  that division shall conduct an assessment that determines the child's needs in the foster care placement and the role and level of responsibility of the foster parent in meeting the child's existing needs; the division shall conduct the assessment using the division's Needs Assessment for Foster Care, pages 2 and 3, revised as of September 2014 and adopted by reference; if the assessment score documents that the child's needs are at a level that exceeds the basic care provided in a licensed foster home, the division shall calculate an additional rate as follows:  
			(A) for children who are to receive structured care: an additional $15 per day over the base rate in 7 AAC 53.030(b);  
			(B) for children who are to receive specialized care: an additional $30 per day over the base rate in 7 AAC 53.030(b);  
			(C) for children who are to receive contracted services: an additional $60 per day over the base rate in 7 AAC 53.030(b).  
	(g)  Difficulty-of-care augmented rates apply only to services paid for under this section through the departmental office that oversees children's services or the departmental division that oversees juvenile justice. Difficulty-of-care augmented rates do not apply to services paid for under 7 AAC 135 (Medicaid coverage; behavioral health services) through the departmental division that oversees behavioral health or under 7 AAC 130 (Medicaid coverage; home and community-based waiver services) through the departmental division that oversees home and community-based waiver services. The departmental office that oversees children's services and the departmental division that oversees juvenile justice may not pay for services covered under 7 AAC 105 - 160 (Medicaid coverage and payment) through another office or division of the department. Any determination about the continuation of Medicaid services must be made through the departmental office or division that oversees those particular services.  

Authorities

47.05.010;47.10.080;47.14.010;47.14.120

Notes

Reference

7 AAC 53.020
7 AAC 53.061
7 AAC 53.080
7 AAC 53.330

Authority

AS 47.05.010 AS 47.10.080 AS 47.14.010 AS 47.14.120 Editor's note: The Department of Health and Social Services, Office of Children's Services Child Protective Services Manual, section 6.2.2.3.A, pages 6 and 7, adopted by reference in 7 AAC 53.060(f)(1), may be obtained or reviewed by contacting the Office of Children's Services, P.O. Box 110630, Juneau, Alaska 99811-0630. The Department of Health and Social Services, Division of Juvenile Justice Needs Assessment for Foster Care, pages 2 and 3, adopted by reference in 7 AAC 53.060(f)(2), may be obtained or reviewed by contacting the Division of Juvenile Justice, P.O. Box 110635, Juneau, Alaska 99811-0635. The substance of 7 AAC 53.060 was formerly contained in 7 AAC 50.730. The history note includes the history of the earlier provision.

History

Eff. 7/1/90, Register 114; am 11/16/94, Register 132; am 1/1/96, Register 136; am 3/31/2005, Register 173; am 4/13/2011, Register 198; am 12/10/2011, Register 200; am 8/1/2015, Register 215

References

7.53.060;7.50.730