00 HOUSE BILL NO. 139 01 "An Act relating to the eligibility of individuals and entities to be licensed or paid by the 02 Department of Health and Social Services for providing certain services; and repealing 03 requirements related to the Department of Health and Social Service's centralized 04 registry." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 47.05.310(c) is amended to read: 07 (c) The department may not issue or renew a license or certification for an 08 entity if an individual is applying for a license, license renewal, certification, or 09 certification renewal for the entity and that 10 [(1)] individual has been found by a court or agency of this or another 11 jurisdiction [TO HAVE NEGLECTED, ABUSED, OR EXPLOITED A CHILD OR 12 VULNERABLE ADULT UNDER AS 47.10, AS 47.24, OR AS 47.62 OR A 13 SUBSTANTIALLY SIMILAR PROVISION IN ANOTHER JURISDICTION, OR] to 14 have committed medical assistance fraud under AS 47.05.210 or a substantially 01 similar provision in another jurisdiction [; OR 02 (2) INDIVIDUAL'S NAME APPEARS ON THE CENTRALIZED 03 REGISTRY ESTABLISHED UNDER AS 47.05.330 OR A SIMILAR REGISTRY 04 OF THIS STATE OR ANOTHER JURISDICTION]. 05  * Sec. 2. AS 47.05.310(i) is amended to read: 06 (i) For purposes of (b) and (c) of this section, in place of nonissuance or 07 nonrenewal of a license or certification, an entity or individual service provider that is 08 not required to be licensed or certified by the department or a person wishing to 09 become an entity or individual service provider that is not required to be licensed or 10 certified by the department is instead ineligible to receive a payment, in whole or in 11 part, from the department to provide for the health, safety, and welfare of persons who 12 are served by the programs administered by the department if the entity, individual 13 service provider, or person 14 (1) is in violation of (a) of this section or would be in violation based 15 on information received by the department as part of an application, approval, or 16 selection process; or  17 (2) has been found by a court or agency of this or another jurisdiction 18 [TO HAVE NEGLECTED, ABUSED, OR EXPLOITED A CHILD OR 19 VULNERABLE ADULT UNDER AS 47.10, AS 47.24, OR AS 47.62 OR A 20 SUBSTANTIALLY SIMILAR PROVISION IN ANOTHER JURISDICTION, OR] to 21 have committed medical assistance fraud under AS 47.05.210 or a substantially 22 similar provision in another jurisdiction [; OR 23 (3) APPEARS ON THE CENTRALIZED REGISTRY 24 ESTABLISHED UNDER AS 47.05.330 OR A SIMILAR REGISTRY OF THIS 25 STATE OR ANOTHER JURISDICTION]. 26  * Sec. 3. AS 47.32.010(c) is amended to read: 27 (c) The provisions of AS 47.05.300 - 47.05.390, regarding criminal history, 28 criminal history checks, and criminal history use standards, [AND A CENTRALIZED 29 REGISTRY,] apply to entities listed in (b) of this section, as provided in 30 AS 47.05.300. 31  * Sec. 4. AS 47.32.150(b) is amended to read: 01 (b) Upon receipt of a timely request for a hearing by an entity regarding an 02 enforcement action under AS 47.32.070 or 47.32.140(d)(1), (2), (4), (8), (10), (11), 03 [(12),] or (13), the department shall conduct a hearing in front of an officer appointed 04 by the commissioner. A hearing under this subsection may be conducted on the record, 05 in an informal manner, and may not be conducted under AS 44.62 or AS 44.64. The 06 appointed hearing officer may be a state employee. 07  * Sec. 5. AS 44.62.330(a)(41); AS 47.05.330; and AS 47.32.140(d)(12) are repealed.