Overview

In 2022, subacute mental health facilities, including crisis stabilization centers and crisis residential centers, were added to facilities licensed through the Division of Health Care Services. The Department of Health (DOH) is in the process of finalizing regulations to implement this law (House Bill 172). During this time, we are providing the interim guidance, below.

Who qualifies?

Subacute Mental Health Facilities include crisis stabilization centers and crisis residential centers. For exemptions, see Interim Guidance below.

How to sign up

Licensing

Once regulations are final, entities that meet the definition of Subacute Mental Health Facilities will have to become licensed by the Health Facilities Licensing & Certification (HFLC) unit and adhere to licensing requirements.

Temporary licensing

For facilities that may want or need documentation of HFLC licensure for their own operational or structural needs, HFLC is offering the option to obtain a temporary license. To obtain a temporary license, an entity must:

  • Submit the Subacute Mental Health Facility Temporary Licensure Application and Attestation Form to dhcs.hflc@alaska.gov
  • Participate in at least one technical assistance session with HFLC
  • Conform to all temporary licensure requirements and schedule an on-site inspection with HFLC
  • Adhere to all applicable requirements for providing and billing Medicaid crisis services
Temporary license application

How to use

DOH is committed to ensuring the continued ability of providers to safely operate existing crisis centers and to stand up new services where appropriate and feasible.

This interim guidance is not a prediction of final regulation content. It is our intent, however, to ensure that providers experience the smoothest transition possible into final licensing requirements.

Interim guidance

Currently operating crisis centers must:

  • Continue complying with Division of Behavioral Health (DBH) and 1115 regulatory requirements
  • Submit proof of current compliance with the entity’s accrediting body, a copy of the most recent report from the accrediting body, and, if applicable, any current plans of correction
  • Participate in at least one technical assistance session with Health Facilities Licensing & Certification

Exemptions

7 AAC 12.611. Exemptions from licensure. (b) A facility owned and operated by the United States Indian Health Service, or a facility owned and operated by a tribal organization, as defined in 25 U.S.C. 450b( l), under a funding agreement under 25 U.S.C. 458aaa-4 (Indian Self-Determination and Education Assistance Act and Tribal Self-Governance Amendments of 2000) is exempt from the requirement to obtain a license under AS 47.32 and this chapter. However, a facility described in this subsection must meet the applicable licensure requirements set out in AS 47.32 and this chapter.

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Frequently asked questions

Does HB 172 apply to everyone providing 1115 crisis services?

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No. Any approved provider may bill for a crisis service provided according to the 1115 regulations. HB 172 applies to facilities.

Do crisis centers have to obtain the temporary license?

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No. The temporary licensure option is offered for facilities that may want an additional layer of structure through an HFLC-specific licensure document. This option is opt-in only.

Does a temporary license have any affect on ability to bill for crisis services or requirements to comply with DBH/1115 regulations?

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No. Licensure is separate from billing requirements. In all cases of Medicaid billing, the billing entity must comply with all relevant regulatory requirements for that service.

Does this change Tribal exemption to licensing? 

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No. HB 172 did not address Tribal facilities. 7 AAC 12.611(b) (Exemptions from licensure) is still the current regulatory authority. 

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