This chapter governs the designation of facilities to conduct civil commitment evaluations and treatment under Alaska's involuntary commitment statutes (AS 47.30.660–47.30.915). It sets out eligibility criteria (licensed hospitals and certain tribally operated facilities), application and annual reporting requirements, waiver procedures, and operational standards for designated evaluation and treatment facilities. Facility administrators must maintain written policies covering patient rights, personnel, fiscal administration, and discharge planning, and must ensure children are not housed with adults.
View official source7 AAC 71.010. Applicability. Repealed. 7 AAC 71.020. Application process. Repealed. 7 AAC 71.025. Geographic planning areas. Repealed. 7 AAC 71.030. Governing boards and advisory boards. Repealed. 7 AAC 71.035. Execution of contract. Repealed. 7 AAC 71.040. Coordination and non-duplication of services. Repealed. 7 AAC 71.045. Capital expenditures. Repealed. 7 AAC 71.100. Organization and administration. Repealed. 7 AAC 71.105. Policy and procedures manual. Repealed. 7 AAC 71.110. Fiscal administration. Repealed. 7 AAC 71.115. Personnel administration. Repealed. 7 AAC 71.120. Program evaluation. Repealed. 7 AAC 71.125. Quality assurance. Repealed. 7 AAC 71.130. Plan of services. Repealed. 7 AAC 71.135. Types of services and populations to be served. Repealed. 7 AAC 71.140. Availability and accessibility of services. Repealed. 7 AAC 71.145. Coordination and continuity of services. Repealed. 7 AAC 71.150. Center facility. Repealed. 7 AAC 71.155. Client records. Repealed. 7 AAC 71.160. Records retention. Repealed. 7 AAC 71.162. Closure of center; records. Repealed. 7 AAC 71.165. Waiver of requirements. Repealed. 7 AAC 71.200. Legal rights. Repealed. 7 AAC 71.205. Informed consent. Repealed. 7 AAC 71.210. Bill of client rights. Repealed. 7 AAC 71.215. Confidentiality. Repealed. 7 AAC 71.220. Grievance procedures. Repealed. 7 AAC 71.300. Definitions. Repealed. 7 AAC 71.400. Management Information System for mental health programs; required submission of data. Repealed. 7 AAC 71.405. Submission of data by providers. Repealed. 7 AAC 71.410. Obligation to submit accurate and complete data. Repealed. 7 AAC 71.415. Transmission of data. Repealed. 7 AAC 71.420. Confidential information. Repealed. 7 AAC 71.425. Use and disclosure of data and information. Repealed. 7 AAC 71.430. Access to system computer records. Repealed. 7 AAC 71.435. System record retention. Repealed. 7 AAC 71.440. Security of data. Repealed. 7 AAC 71.449. Definitions for 7 AAC 71.400 - 7 AAC 71.449. Repealed. 7 AAC 71.990. Definitions. Repealed. Chapter 72 Civil Commitment Article 1 Scope and Applicability 7 AAC 72.010. Scope of chapter. Repealed. Article 2 Designation of Facilities 7 AAC 72.012. Adoption by reference. Repealed. 7 AAC 72.015. Facilities eligible for designation; exemption from designation. (a) The department will only approve the following facilities under this chapter and AS 47.30.660 - 47.30.915 to operate as a designated treatment facility: (1) a hospital that is licensed under AS 47.32.010 and 7 AAC 12.610 ; or (2) a facility that (A) is exempt from state licensure but is accredited by a nationally recognized accreditation organization; and (B) is operated under 25 U.S.C. 5301 - 5423 (Indian Self-Determination and Education Assistance Act), as amended. (b) For the purposes of this chapter, a facility designated as a treatment facility is also a designated evaluation facility. (c) The department will approve the following facilities under this chapter and AS 47.30.660 - 47.30.915 to operate as a designated evaluation facility: (1) a hospital that is licensed under AS 47.32.010 and 7 AAC 12.610 ; (2) a crisis residential center licensed under AS 47.32.010 as a subacute mental health facility; and (3) a facility that (A) is exempt from state licensure; (B) is operated under 25 U.S.C. 5301 - 5423 (Indian Self-Determination and Education Assistance Act), as amended; and (C) complies with the requirements for an evaluation facility under AS 47.30.660 - 47.30.915. (d) An evaluation facility or treatment facility that is operated by the department is exempt from the facility designation requirements of this chapter. 7 AAC 72.017. Function of a designated facility. Repealed. 7 AAC 72.020. Application for facility designation. (a) The administrator of a facility described in 7 AAC 72.015 may apply for designation as an evaluation facility or treatment facility by submitting an application to the department on a form and in a manner prescribed by the department that includes: (1) a copy of the facility's current license; if the facility is a hospital is operating under a provisional license issued under 7 AAC 12.610 , the administrator shall also submit a written report that describes each violation and the facility's efforts to achieve compliance; (2) certification, on a form provided by the department, that the facility is in compliance with AS 47.30.660 - 47.30.915 and this chapter; (3) a copy of the table of contents for the facility'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; and (4) for an accredited facility described in 7 AAC 72.015 (a)(2), a copy of the facility's current accreditation; if the report describes a deficiency, the administrator shall submit a written report that describes each deficiency and the facility's efforts to achieve compliance. (b) The administrator of a designated facility shall develop, and amend as necessary, written policies and procedures that cover (1) personnel administration; (2) fiscal administration; (3) patient records; (4) patient rights under AS 47.30.817 - 47.30.865; (5) language and cultural relevance of services; (6) coordination and continuity of services; (7) services for patients with physical disabilities; (8) management of pharmaceuticals; (9) quality assurance procedures; (10) program evaluation procedures; (11) ongoing inservice training; and (12) interdisciplinary services for patients with an alcohol or drug problem or a developmental disability, including planning for treatment before and after discharge. (c) Repealed 4/25/2025. (d) Repealed 4/25/2025. (e) Repealed 4/25/2025. 7 AAC 72.030. Waiver of requirements. (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 . (b) A request for a waiver from a provision of this chapter must be in writing and must (1) identify the provision for which a waiver is sought; (2) explain the reasons why the facility cannot comply with the provision; (3) describe the alternative method proposed to satisfy the requirement in (a)(1) of this section; and (4) describe the facility's plan for complying with the provision, including a time schedule for compliance. (c) The department will rescind a waiver granted under this section if the department determines that the facility in not in compliance with (a)(1) and (2) of this section. 7 AAC 72.040. Decision on application for designation. (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, and based on the department's determination as to whether the facility complies with 7 AAC 72.015 (a) or 7 AAC 72.015 (c), as applicable, 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. (b) If the department requires additional information to make a decision under this section, the department will request that information in writing and advise the applicant that the 60-day review period will be suspended until the information is received. (c) If the department denies an application under this section, the administrator may request reconsideration of that decision under 7 AAC 72.060 . 7 AAC 72.050. Annual report regarding facility designation. (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 hospital described in 7 AAC 72.015 (a)(1), (A) a copy of the facility's current license; if the facility is operating under a provisional license issued under 7 AAC 12.610 , the administrator shall also submit a written report that describes each violation and the facility's efforts to achieve compliance; (B) certification, on a form supplied by the department, that the facility is in compliance with AS 47.30.660 - 47.30.915 and this chapter; if a waiver has been granted under 7 AAC 72.030 , the administrator shall also submit a report setting out the status of the facility's compliance plan and schedule; (C) a list of 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; (2) for a facility described in 7 AAC 72.015 (a)(2), (A) a copy of the facility's current accreditation; (B) certification, on a form supplied by the department, that the facility is in compliance with AS 47.30.660 - 47.30.915 and this chapter; if a waiver has been granted under 7 AAC 72.030 , the administrator shall also submit a report setting out the status of the facility's compliance plan and schedule; (C) a copy of the facility's most recent accreditation report; if the report describes a deficiency, the administrator shall provide a written report of the nature of each deficiency and of the efforts to achieve compliance; (D) a list of 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 (E) 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. (b) The department will review the information submitted under this section and will advise the administrator in writing that the department finds the facility to be in compliance with this chapter, unless the department finds that the facility no longer meets the requirements for designation set out in 7 AAC 72.015 (a) or 7 AAC 72.015 (c), as applicable. If the department finds that the facility no longer (1) meets the requirements for designation, the department will notify the administrator in writing under 7 AAC 72.070 ; or (2) complies with the conditions of any waiver issued under 7 AAC 72.030 , the department will rescind the waiver under 7 AAC 72.030 (c). 7 AAC 72.060. Reconsideration. 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 . 7 AAC 72.070. Revocation of designation. (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. (b) Except as provided in (c) of this section, and at least 30 days before the effective date of the revocation, the department will notify the administrator of the department's determination and of the department's intent to revoke the facility's designation. (c) If the department determines that immediate revocation of a facility's designation is necessary to protect the public from a substantial and immediate threat to health or safety, the department will notify the administrator of the department's determination and that the facility's designation has been immediately revoked. (d) The department will issue a notice under this section in writing, will specify the basis for revocation in the notice, and will state in the notice that the administrator may appeal the decision under 7 AAC 72.410 - 7 AAC 72.440 . The department will hand-deliver the notice to an authorized agent of the facility or will mail the notice to the last known address of the facility's authorized agent. For the purpose of starting the 30-day period in (b) of this section, or triggering immediate revocation under (c) of this section, notice is effective upon personal delivery of the notice or on the third day after the department mails the notice, whichever occurs first. For the purposes of this subsection, the department mails a notice if the department sends that notice through the United States mail, a courier-type delivery service, a facsimile, or a telegram. (e) An interested person may submit a request to the department, asking that the department revoke a facility's designation, and clearly stating how the facility has failed to comply with an applicable provision of AS 47.30.660 - 47.30.915 or this chapter. Within 14 days after receiving a request under this subsection, the department will send the interested person and the administrator of the facility written notification as to whether the department will perform a review under (a) of this section. Article 3 Requirements for Designated Facilities 7 AAC 72.080. General requirements for a designated facility. The administrator of a designated evaluation facility or designated treatment facility 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; and (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. 7 AAC 72.085. Determination regarding declarations for mental health treatment. 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. 7 AAC 72.090. Qualified personnel. Repealed. 7 AAC 72.100. Personnel administration. Repealed. 7 AAC 72.110. Written agreements. (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. (c) If a single-point-of-entry psychiatric emergency facility is located in the area served by a designated facility, the designated facility shall, at a minimum, have in place with that other facility a memorandum of understanding that includes terms identical to those required under (b) of this section. 7 AAC 72.120. Availability of services. Repealed. 7 AAC 72.130. Environment. Repealed. 7 AAC 72.140. Patient rights. Repealed. 7 AAC 72.150. Patient records. (a) 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 . 7 AAC 72.155. Quarterly report of patient information. 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. 7 AAC 72.160. Quality assurance plan. Repealed. 7 AAC 72.165. Transfer of patients between designated facilities. 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 (2) the administrator of the facility proposing the transfer obtains, before the transfer, permission from the administrator at the receiving facility or hospital to transfer the patient. 7 AAC 72.170. Evaluation. Repealed. 7 AAC 72.180. Reports. Repealed. 7 AAC 72.190. Standards for treatment facility. Repealed. 7 AAC 72.200. Handicapped, cultural, and testing services. Repealed. 7 AAC 72.210. Clinical services and treatment plan. Repealed. Article 4 Procedures for Emergency Examinations 7 AAC 72.220. Scope of 7 AAC 72.230 - 7 AAC 72.260. 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. 7 AAC 72.230. Emergency examinations. An evaluation facility shall comply with 7 AAC 72.240 - 7 AAC 72.260 when conducting an emergency examination under AS 47.30.710 . 7 AAC 72.240. Physician and mental health professional. 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. 7 AAC 72.250. Physical examination. (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. 7 AAC 72.260. Mental health evaluation. (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 . (c) If a mental health professional conducting a mental health evaluation under 7 AAC 72.240 determines that the patient meets the involuntary commitment criteria established in AS 47.30.730 and will not accept treatment on a voluntary basis, the mental health professional shall develop a treatment plan for the patient's care in the least restrictive setting. (d) If the mental health professional conducting the mental health evaluation under 7 AAC 72.240 determines that the patient does not meet the involuntary commitment criteria established in AS 47.30.730 , the facility shall develop an appropriate outpatient referral plan for the purpose of follow-up and continuing care if the patient is in need of these services. Article 5 Procedures for Evaluations 7 AAC 72.270. Evaluations. 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 . 7 AAC 72.280. Procedures. 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. 7 AAC 72.290. Referral plan. 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. Article 6 Procedures for Designation of Evaluation Personnel 7 AAC 72.300. Scope of 7 AAC 72.310 - 7 AAC 72.350. 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. 7 AAC 72.310. Application for evaluation personnel designation. 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). 7 AAC 72.320. Approval. 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. 7 AAC 72.330. Reconsideration. 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. 7 AAC 72.340. Annual renewal. 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. 7 AAC 72.350. Revocation. 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). Article 7 Procedures for Evaluations Conducted by Evaluation Personnel 7 AAC 72.360. Evaluation where no evaluation facility exists. 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 . 7 AAC 72.370. Request for evaluation. 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). 7 AAC 72.380. Emergency examination procedures. 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 . 7 AAC 72.390. Hospitalization. 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 . Article 8 Requirements for Transfer of Patients Between Designated Treatment Facilities 7 AAC 72.400. Transfer requirements. Repealed. Article 9 Appeals 7 AAC 72.410. Scope of 7 AAC 72.420 - 7 AAC 72.440. 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 . 7 AAC 72.420. Notice of appeal. (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. 7 AAC 72.430. Procedure for appeal. (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. 7 AAC 72.440. Hearing on shortened time. (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. Article 10 Mental Health Treatment Assistance Program 7 AAC 72.500. Purpose of 7 AAC 72.500 - 7 AAC 72.540. 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 . 7 AAC 72.510. Rate of reimbursement for mental health services. 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 . 7 AAC 72.520. Mental health services eligible for financial assistance. (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. (b) The department will reimburse a designated evaluation facility for no more than seven days for evaluation and crisis stabilization or for transition to community-based services if the department determines the amount of time is clinically appropriate and (1) the patient continues under, or has transferred to, voluntary commitment and the treating physician has certified, on a form supplied by the department, that the patient meets the involuntary commitment criteria in AS 47.30.700 - 47.30.815; or (2) the court extends the time for evaluation and treatment for a patient who continues to meet the involuntary commitment criteria in AS 47.30.700 - 47.30.815. (c) The department will reimburse a designated treatment facility for no more than 40 days for evaluation, treatment, and crisis stabilization or for transition to community-based services if the department determines the amount of time is clinically appropriate and (1) the patient continues under, or has transferred to, voluntary commitment and the treating physician has certified, on a form supplied by the department, that the patient meets the involuntary commitment criteria in AS 47.30.700 - 47.30.815; or (2) the court extends the time for evaluation and treatment for a patient who continues to meet the involuntary commitment criteria in AS 47.30.700 - 47.30.815, or the patient is authorized to remain at the facility under AS 47.30.745 (g). (d) The department will not reimburse a designated facility under 7 AAC 72.510 for (1) physician time spent performing administrative or supervisory duties; this exclusion does not include time spent participating in a commitment hearing; (2) facility costs for space, overhead, supplies, or equipment; (3) local ambulance service, unless (A) a medical emergency directly related to the patient's mental condition results in eligibility for financial assistance under AS 47.31.010 ; (B) the patient requires restraint; or (C) ambulance service is necessary to meet the requirements of 42 U.S.C. 1395dd (Emergency Medical Treatment and Active Labor Act (EMTALA)) and 42 C.F.R. 489.24; (4) the co-pay portion of a third-party reimbursement; (5) any transportation or other expense to be paid by the court system for proceedings under AS 47.30 ; or (6) any service that is not directly related to the patient's mental condition that resulted in eligibility for financial assistance under AS 47.31.010 . (e) For a patient admitted after an involuntary commitment under AS 47.30.700 - 47.30.815 or a voluntary commitment chosen after the patient's physician determines that the patient meets the involuntary commitment criteria in AS 47.30.700 - 47.30.815, the treating physician shall (1) using a form supplied by the department, certify upon admission that the patient meets the involuntary commitment criteria in AS 47.30.700 - 47.30.815; if the patient subsequently transfers to voluntary commitment, the treating physician shall certify daily, on the patient's chart, whether the patient continues to meet the involuntary commitment criteria; and (2) recertify every seven days, on the form supplied by the department, whether the patient continues to meet the involuntary commitment criteria. (f) The department may, on a case-by-case basis, deny reimbursement under 7 AAC 72.540 if the department determines that a service provided is not directly related to the patient's mental health condition. 7 AAC 72.530. Application for financial assistance. (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. (b) If a designated facility makes a notification under AS 47.31.015 (b), the notification must (1) be signed and submitted by the administrator; and (2) include (A) any information as to whether a thirty-party payor is responsible for payment; and (B) subject to the disclosure restrictions of 42 C.F.R. Part 2 for a patient who is also being treated for alcohol or drug abuse in a facility that receives federal assistance as described in 42 C.F.R. Part 2, a copy of the invoice for the services for which financial assistance is sought. (c) If the facility receives payment from a patient or a third-party payor after being reimbursed by the department under this chapter, the administrator shall return the money to the department. 7 AAC 72.540. Decision regarding eligibility for financial assistance. (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 . Article 11 General Provisions