1. (a) This chapter applies to

   1. (1) a community behavioral health services provider, including a

      1. (A) community mental health services provider receiving money from the department under AS 47.30.520 - 47.30.620;
      2. (B) substance use disorder treatment provider receiving money from the department under AS 47.30.475 or AS 47.37.045;
      3. (C) health facility or other legal entity that provides behavioral health services under this chapter and 7 AAC 105 - 7 AAC 160, and does not receive money from the department under AS 47.30.520 - 47.30.620; and
      4. (D) health facility or other legal entity that provides substance use disorder treatment services under AS 47.37, but does not receive money from the department under AS 47.37;
   2. (2) a substance use disorder treatment provider that is subject to the requirements of AS 47.37, but does not receive money under AS 47.37, including an opioid use disorder treatment program or a substance use disorder treatment provider that provides treatment to recipients referred by an alcohol safety action program; in this paragraph, "treatment" does not include services designed solely to provide support, advocacy, education, referral, or other assistance navigating the behavioral health services available to the recipient; and
   3. (3) a substance use disorder treatment program operated for the Department of Corrections under AS 33.30.

2. (b) This chapter does not apply to

   1. (1) an independent mental health practitioner providing diagnostic testing and evaluation services for which the practitioner is billing Medicaid under AS 47.07 and 7 AAC 105 - 7 AAC 160;
   2. (2) a mental health physician clinic providing mental health clinic services for which the provider is billing Medicaid under AS 47.07 and 7 AAC 105 - 7 AAC 160;
   3. (3) an inpatient psychiatric hospital;
   4. (4) a behavior analyst or assistant behavior analyst licensed under AS 08.15, or a behavior analyst group practice enrolled under 7 AAC 105.210;
   5. (5) a psychologist licensed under AS 08.86;
   6. (6) a social worker licensed under AS 08.95;
   7. (7) a marital and family therapist licensed under AS 08.63; or
   8. (8) a professional counselor licensed under AS 08.29.

3. (c) In this section,

   1. (1) "alcohol safety action program" has the meaning given in AS 28.35.039;

   2. (2) "health facility"

      1. (A) includes any profit or not-for-profit business or corporation that

         1. (i) provides behavioral health clinic services, behavioral health rehabilitation services, or substance use disorder treatment services;
         2. (ii) is organized in part as a subsidiary to provide behavioral health clinic services, behavioral health rehabilitation services, or substance use disorder treatment services; or
         3. (iii) operates a program designed to provide behavioral health clinic services, behavioral health rehabilitation services, or substance use disorder treatment services;
      2. (B) does not include an entity operated by a municipality, borough, or other government entity;
   3. (3) "inpatient psychiatric hospital" has the meaning given in 7 AAC 160.990(b).
4. (d) A community behavioral health services provider listed in this section may not represent itself as a behavioral health service provider or provide services described in this chapter without first obtaining a department approval under 7 AAC 70.030.

(Eff. 10/1/2011, Register 199; am 4/9/2017, Register 222; am 7/1/2018, Register 226; am 4/24/2020, Register 234; am 7/8/2020, Register 235; am 8/27/2021, Register 239)

Authority: AS 47.05.010, AS 47.30.477, AS 47.30.570, AS 47.30.470, AS 47.30.530, AS 47.37.140, AS 47.30.475, AS 47.30.540