7 AAC 50.860. Independent review of extended periods of treatment or stays in secure care

(a) The residential psychiatric treatment center shall contract and pay for an independent review of the progress evaluation performed under 7 AAC 50.845(a) , the treatment plan developed under 7 AAC 50.840, the progress of the child in treatment at the facility up to the date of the evaluation, the child's educational progress, and any other factors relevant to the child's condition or situation and the possible need to stay in treatment at the facility if

(1) under 7 AAC 50.845(b) and after the progress evaluation, the facility recommends to the court that a child admitted to a secure unit or program under 7 AAC 50.830(1) or (2) remain a resident at the residential psychiatric treatment center for more than

(A) 180 consecutive days after initial admission to the facility, including therapeutic leave days under 7 AAC 50.850(5) ; or

(B) 180 days in any 12-month period; or

(2) a child has been voluntarily admitted to the secure unit or program under 7 AAC 50.830(3) , and the facility recommends that the child continue treatment in the unit or program for an additional specified period of time which would bring the number of days that the child has been placed in the facility's secure care unit or program to a total of more than 90 days since the child's initial admission or a total of more than 90 days in any 12-month period, including any days that the child was released from some or all of the conditions of secure care within the facility as described in 7 AAC 50.835(a) .

(b) The independent review required in (a) of this section must be conducted by a professional review organization, or by a review team of a psychiatrist or doctor of psychology and an expert in residential treatment. A member of the review organization or review team may not have a contractual relationship with the residential psychiatric treatment center, and may not have an ownership interest in or organizational responsibility for the facility, including a membership on the facility's board of directors.

(c) The residential psychiatric treatment center may continue to treat the child until the review organization or team described in (b) of this section completes the independent review and treatment recommendations, and until the treatment team assembled under 7 AAC 50.840 reviews and discusses the independent review and recommendations. If the review and recommendations do not support the continued stay of the child in the secure unit or program the facility and the treatment team shall immediately revise the child's treatment or discharge plan to implement the recommendations as soon as the revised plan can be efficiently and appropriately put into effect.

(d) The residential psychiatric treatment center shall contract and pay for a new independent review that meets the requirements of this section each time that the child's stay in the secure unit or program exceeds

(1) 180 consecutive days after, or 180 days in any 12-month period after the date of the most recent independent review, if the initial independent review was required under (a)(1) of this section; or

(2) 90 consecutive days after, or 90 days in any 12-month period after the date of the most recent independent review, if the initial independent review was required under (a)(2) of this section.

(e) If the department is the payor for part or all of the resident's treatment in the facility, if the department authorizes and pays for a periodic review of the progress of an individual resident by the department or by a professional review organization, and if that review includes review of the progress evaluation performed under 7 AAC 50.845(a) , the treatment plan developed under 7 AAC 50.840, the progress of the child in treatment at the facility up to the date of the evaluation, and any other factors relevant to the child's condition or situation and the possible need to stay in treatment at the facility, the division will accept the review conducted under this subsection in place of an independent review required in (a) of this section.

History: Eff. 6/21/2001, Register 158

Authority: AS 44.29.020

AS 47.35.010

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