State of Alaska 34th Legislature Session One Bill Tracker

The Alaska Behavioral Association is following several bills that impact behavioral health services. You will find descriptions below of these bills with links to full texts and latest progress through the Legislature. If you feel the Association should be tracking any additional behavioral health-related legislation, please contact Lance Johnson at Lance@akbha.org.

Current Proposed Legislation

  • HB 36: FOSTER CHILDREN PSYCHIATRIC TREATMENT

    An Act relating to the placement of foster children in psychiatric hospitals; relating to the care of children in state custody placed in residential facilities outside the state; and amending Rule 12.1(b), Alaska Child in Need of Aid Rules of Procedure.

    The bill amends existing laws regarding the placement of foster children in psychiatric hospitals and the care of children in state custody placed in residential facilities outside of Alaska. It establishes that a court must review placements in secure residential psychiatric treatment centers at least every 90 days and allows for the continuation of such placements if a mental health professional testifies that the child's needs cannot be met in a less restrictive setting. New definitions are introduced, including "acute psychiatric hospital" and "contemporaneous two-way video conference," to clarify the types of facilities and communication methods involved in these processes. Additionally, the bill mandates that the department notify relevant parties within 24 hours of a child's placement in an acute psychiatric hospital and requires a court review of the placement within seven days.

    Furthermore, the bill requires the division responsible for child custody to prepare an annual report on employee recruitment and retention, including metrics on social worker turnover and child placements. It also amends Rule 12.1(b) of the Alaska Child in Need of Aid Rules of Procedure to ensure that children placed in acute psychiatric hospitals are appointed an attorney, enhancing legal representation for vulnerable children in these situations. The bill aims to improve oversight and care for children in psychiatric settings while ensuring their legal rights are protected. Statutes affected:
    HB0036A, AM HB 36, introduced 01/10/2025: 47.10.087, 47.30.915, 47.10.080, 47.10.142, 47.14.112, 18.05.020

  • HB 52/CSSB 44: MINORS & PSYCHIATRIC HOSPITALS

    An Act relating to the rights of minors undergoing evaluation or inpatient treatment at psychiatric hospitals; relating to the use of seclusion or restraint of minors at psychiatric hospitals; relating to a report published by the Department of Health; relating to inspections by the Department of Health of certain psychiatric hospitals; and providing for an effective date.

    This bill aims to enhance the rights and protections of minors undergoing evaluation or inpatient treatment at psychiatric hospitals in Alaska. It establishes the right for minors to have confidential communication with their parents or legal guardians for at least one hour each week, unless restricted by law or deemed therapeutically unadvisable by a physician. Additionally, the bill mandates the Department of Health to prepare and publish an annual report detailing the use of seclusion and restraint on minors, findings from hospital inspections, and data on minors receiving care in psychiatric facilities.

    The legislation also introduces new requirements for inspections of psychiatric hospitals, stipulating that the Department of Health must conduct unannounced inspections at least twice a year for facilities where minors have spent more than three nights. Furthermore, psychiatric hospitals are required to notify the Department of Health and the minor's guardian within one business day of any use of seclusion or restraint. The bill is set to take effect on July 1, 2025. Statutes affected: HB0052A, AM HB 52, introduced 01/21/2025: 47.32.030, 47.32.200, 47.32.110, 47.32.010

  • HB 105/SB 41: PUBLIC SCHOOLS - MENTAL HEALTH EDUCATION

    An Act relating to mental health education.

    The bill aims to enhance mental health education in Alaska's public school system by mandating the development of guidelines for mental health instruction. It emphasizes the importance of collaboration between the Board of Education and Early Development, the Department of Health, the Department of Family and Community Services, regional tribal health organizations, and mental health representatives. The bill includes provisions for parental involvement, requiring local school boards to notify parents at least two weeks prior to any class or program that provides mental health instruction.

    Additionally, the bill amends existing laws to incorporate mental health into health education programs for grades K-12, ensuring that mental health is recognized alongside physical health and personal safety. It establishes a requirement for the state board to create developmentally appropriate guidelines for mental health instruction and mandates a report to the legislature two years after the bill's enactment, detailing the guidelines and the development process. The bill reflects a comprehensive approach to integrating mental health education into the state's educational framework. Statutes affected: HB0105A, AM HB 105, introduced 02/14/2025: 14.03.016, 14.30.020, 14.30.360

  • SB 45: MEDICAID MENTAL HEALTH PARITY

    An Act relating to medical assistance services; relating to parity in mental health and substance use disorder coverage in the state medical assistance program; and providing for an effective date.

    This bill aims to enhance parity in mental health and substance use disorder coverage within the state medical assistance program in Alaska. It amends existing law to require the Department of Health to comply with federal mental health and substance use disorder benefit requirements as outlined in specific U.S. Code sections. New provisions mandate the commissioner of health to evaluate consumer and provider complaints regarding parity violations, conduct compliance examinations on nonquantitative treatment limitations, and perform comparative analyses of benefit designs for mental health and substance use disorders versus medical and surgical benefits.

    Additionally, the bill requires the Department of Health to submit an annual report detailing the processes for developing medical necessity criteria, identifying treatment limitations, and analyzing compliance with parity requirements. It also stipulates that the department must prepare a comprehensive report by March 1, 2026, summarizing compliance methodologies, market examinations, and corrective actions taken. The implementation of these provisions is conditional upon approval from the U.S. Department of Health and Human Services, with the effective date set for the day after such approval is granted. Statutes affected: SB0045A, AM SB 45, introduced 01/17/2025: 47.07.030, 47.07.076, 47.07.040, U.S.C

  • SB 90: MINOR MENTAL HEALTH - AGE OF CONSENT

    An Act relating to the examination and treatment of minors; relating to consent for behavioral and mental health treatment for minors 16 years of age or older; and providing for an effective date.

    This bill amends existing laws regarding the consent for medical, behavioral, and mental health treatment for minors aged 16 years and older in Alaska. It allows unaccompanied homeless minors or those living apart from their parents and managing their own financial affairs to consent to medical, behavioral, and mental health services, provided they have the necessary documentation. Additionally, the bill introduces a new section that permits minors aged 16 and older to consent to outpatient behavioral or mental health services for up to five appointments without parental consent, although medication cannot be prescribed without such consent. If a mental health provider determines that obtaining parental consent would be detrimental to the minor's well-being, they can continue providing services based on the minor's written consent.

    The bill also clarifies the responsibilities of parents or guardians regarding their residual rights after the transfer of legal custody or appointment of a guardian, specifically in relation to major medical treatment, which now includes provisions for behavioral and mental health services. The effective date for this legislation is set for January 1, 2026. Overall, the bill aims to enhance access to necessary health services for minors while balancing the rights and responsibilities of parents and guardians. Statutes affected: SB0090A, AM SB 90, introduced 02/10/2025: 25.20.025, 18.16.010, 14.30.174, 47.30.915, 47.10.084, 25.20.028, 47.12.150

  • HB 73/SB 76: COMPLEX CARE RESIDENTIAL HOMES

    An Act relating to complex care residential homes; and providing for an effective date.

    This bill amends existing laws to include "complex care residential homes" as entities subject to regulations by the Department of Health in Alaska. Specifically, it adds complex care residential homes to the list of facilities in AS 47.32.010(b) and defines them in AS 47.32.900 as residential settings that provide 24-hour multi-disciplinary care for individuals with mental, behavioral, medical, or disability-related needs. Additionally, the bill clarifies that hospitals do not include complex care residential homes, and it updates the definition of "assisted living home" to reflect this new category.

    Furthermore, the bill mandates that the Department of Health submit necessary amendments to the state Medicaid plan or apply for waivers to implement these changes. The effectiveness of the new provisions is conditional upon approval from the United States Department of Health and Human Services by July 1, 2031. If approved, the new regulations will take effect the day after the approval is granted. Statutes affected:
    HB0073A, AM HB 73, introduced 01/27/2025: 47.32.010, 47.32.900, 47.33.990, 47.10.310

  • SB 58/HB 55: APPROP - MENTAL HEALTH BUDGET

    An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date.

    The bill titled "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program" outlines the budget allocations for various departments in Alaska for the fiscal year 2026, which runs from July 1, 2025, to June 30, 2026. It specifies appropriations for operating expenditures from the general fund and other funds, with a total budget of $245,570,400. Key allocations include significant funding for the Department of Health, which receives over $154 million for mental health services, and the Department of Family and Community Services, which is allocated approximately $32.9 million. The bill also allows for the transfer of up to $5 million among appropriations within a department to address operational needs.

    Additionally, the bill includes provisions for salary and benefit adjustments for various public employees and outlines the conditions under which Alaska Mental Health Trust Authority receipts will be appropriated. It emphasizes that appropriations are contingent upon compliance with program review provisions and outlines adjustments if receipts fall short of estimates. The bill is set to take effect on July 1, 2025, and aims to enhance the state's mental health services through comprehensive funding and support.

  • HB 53/SB 56: APPROP - OPERATING BUDGET

    An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making supplemental appropriations; making reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date.

    The bill proposes appropriations for the state government's operating and loan program expenses for the fiscal year 2026, totaling $9,032,886,100. It includes detailed allocations for various departments, such as $71,472,900 for wildlife conservation, $282,631,700 for public assistance, and $216,332,200 for the Alaska State Troopers. The bill allows for the transfer of unexpended and unobligated balances from previous fiscal years to support ongoing programs, emphasizing operational efficiency and flexibility in fund management. Notably, it specifies that the Commissioner of the Department of Health may transfer up to $15,000,000 between appropriations within the department.

    Significant changes in the bill include the reappropriation of unexpended balances for various purposes and the extension of the fiscal year timeline from January 1, 2025, to June 30, 2026. It also outlines specific amounts for debt service payments related to state bonds and includes appropriations for essential services such as education, disaster relief, and public safety. The bill aims to ensure that the state's financial obligations are met while providing necessary funding for various programs and services, with provisions for managing the budget reserve fund and ensuring transparency in the allocation process. Statutes affected:
    HB0053A, AM HB 53, introduced 01/22/2025: 37.07.020, 08.01.065, 31.05.093, 16.51.120, 42.05.254, 42.06.286, 42.08.380, 14.20.020, 14.17.050, 46.14.240, 46.14.250, 47.55.030, 16.05.050, 18.60.840, 21.96.070, 43.20.014, 43.55.019, 43.56.018, 43.65.018, 43.75.018, 43.77.045, 37.05.146, 38.05.035, 38.05.110, 41.08.045, 41.21.026, 03.05.076, 18.70.080, 18.70.350, 18.70.360, 12.25.195, 12.55.039, 28.05.151, 29.25.074, 18.65.220, 44.41.020, 44.41.025, 43.23.130, 02.15.090, 19.05.040, 18.56.082, 18.56.710, 44.88.088, 44.88.060, 44.88.660, 44.88.810, 37.13.010, 37.13.140, 37.13.145, 43.23.045, 37.05.565, 23.15.830, 37.05.289, 37.05.510, 39.30.095, 41.15.180, 44.33.020, 42.45.085, 42.45.080, 42.45.070, 05.25.096, 37.05.316, 43.23.230, 14.17.410, 28.10.421, 23.30.082, 23.30.040, 23.35.060, 37.14.700, 37.14.730, 37.14.820, 37.14.800, 37.05.550, 19.65.060