20 AAC 40.990. Definitions

Unless the context indicates otherwise, in this chapter

(1) "approval" means a written agreement or permission to proceed, signed by an authorized representative of the authority, in response to a written request from the grantee or applicant for approval of a proposed action;

(2) "authority" means the Alaska Mental Health Trust Authority established under AS 47.30.011 ; "authority" includes, as applicable, the board, a duly authorized committee of the board, and a duly authorized member of the staff of the Alaska Mental Health Trust Authority;

(3) "authority grant" means a grant described at 20 AAC 40.030(c) ;

(4) "authority staff" means the officers and employees of the Alaska Mental Health Trust Authority other than the board;

(5) "beneficiary" means a person described in 20 AAC 40.510;

(6) "beneficiary group" refers to the individual groups of persons in need of mental health services described at AS 47.30.056 (b);

(7) "beneficiary-related agency" means a planning board or other agency of the state, including the authority, or of a political subdivision of the state that has responsibilities for the provision of mental health services to persons in one or more beneficiary groups;

(8) "board" means the board of trustees of the Alaska Mental Health Trust Authority established under AS 47.30.016 ;

(9) "client" means a person receiving mental health services from a recipient of a grant made by the authority;

(10) "comprehensive program" means the integrated comprehensive mental health program described at AS 47.30.056 ;

(11) "consumer" means a person receiving mental health services;

(12)) "designated agency" means the state agency designated to receive an MHTAAR grant under a mental health budget appropriation bill;

(13) "direct cost" means a cost associated with a particular cost objective that is identified specifically with the grant;

(14) "duly authorized" means authorized to perform a particular act by the bylaws of the board, by board action, or by this chapter;

(15) "executive director" means the chief executive officer of the Alaska Mental Health Trust Authority;

(16) "fair market value" has the meaning given in AS 38.04.910 (3);

(17) "fiscal year" means the fiscal year for the state as provided in AS 37.05.920 ;

(18) "grant" means an award of financial or direct assistance by the authority under this chapter for a proposed activity or service;

(19) "grant income" means income earned by a grant project during the grant period; "grant income" includes proceeds from the sale of products or services such as testing or computer time, payments received for medical or hospital services, fees received for personal services, proceeds from the sale of assets of the grant project, and royalties from copyrights or publications;

(20) "grant period" means the time period for which a grant has been awarded;

(21) "grant project" means the project for which a grant has been awarded;

(22) "grant project budget" means the financial expenditure plan for a grant project approved by the authority; "grant project budget" includes money awarded by the authority for the grant project and any other financing sources used by the grantee for the grant project;

(23) "grantee" means the legally accountable entity that receives a grant;

(24) "indirect cost" means a cost that, because it is incurred for common or joint objectives, is not readily subject to treatment as a direct cost;

(25) "mental health budget appropriation bill" means the bill making appropriations for the state's annual implementation plan in support of the comprehensive program enacted for a particular fiscal year under AS 37.14.005 ;

(26) "mental health service system" means the system of governmental boards and agencies, sources of money, and mental health service providers through which mental health services are delivered to consumers in the state;

(27) "mental health service provider" means a person, agency, or other organization that

(A) provides mental health services to consumers; and

(B) is recognized by one or more beneficiary-related agencies as providing necessary and appropriate mental health services to consumers;

(28) "mental health services" means services provided under or in furtherance of the comprehensive program;

(29) "MHTAAR" means mental health trust authority authorized receipts;

(30) "MHTAAR grant" means a grant of money from the mental health trust settlement income account to a state agency in the form of a transfer of money that has been authorized under a mental health budget appropriation bill;

(31) "native entity" has the meaning given "tribal organization" in 25 U.S.C. 450b( l ); "native entity" does not include a regional or village corporation as defined in or established under 43 U.S.C. 1601 - 1629h (Alaska Native Claims Settlement Act);

(32) "non-expendable personal property" means

(A) an article of tangible personal property that is complete in itself, is of a durable nature, has an expected useful life of more than one year, and has a value of $300 or more; and

(B) intangible personal property, such as patents, inventions, and copyrights;

(33) "not-for-profit entity" means an entity no part of the income or profit of which is distributable to its members, directors, or officers;

(34) "personal property" means property other than real property;

(35) "planning board" means, as applicable, the Advisory Board on Alcohol and Drug Abuse established under AS 44.29.100 , the Alaska Commission on Aging established under AS 47.45.200 , the Alaska Mental Health Board established under AS 47.30.661 , or the Governor's Council on Disabilities and Special Education established under AS 47.80.030 ;

(36) "political subdivision of the state" means a borough or city organized under AS 29 or a school district under AS 14.12.010 ;

(37) "real property" means land, land improvements, and structures and appurtenances located on land other than moveable machinery and equipment;

(38) "true lease" means a lease other than one under which

(A) ownership of the property is transferred, under the terms of the lease, to the lessee by the end of the lease term;

(B) an option to buy the property at a price less than the fair market value of the property is in the lease;

(D) the present value of the total payments made by the lessee under the lease is 90 percent or more of the fair market value of the property less the amount of investment tax credits to be retained by the lessor under 26 U.S.C. 38 during the term of the lease; the valuation date for purposes of this subparagraph is the date of the lease agreement or the date of a commitment to enter into a lease agreement, whichever is earlier.

(39) "trust land" has the meaning given "Alaska mental health trust land" in 11 AAC 99.990;

(40) "trust land office" means the unit within the Department of Natural Resources required by AS 44.37.050 ;

(41) "working day" means a day other than Saturday, Sunday, or a state holiday.

History: Eff. 10/24/2004, Register 172

Authority: AS 47.30.031

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