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HB 193: "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, and rural health clinics; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; making conforming amendments; and providing for an effective date."

00 HOUSE BILL NO. 193 01 "An Act relating to the licensing, regulation, enforcement, and appeal rights of 02 ambulatory surgical centers, assisted living homes, child care facilities, child placement 03 agencies, foster homes, free-standing birth centers, home health agencies, hospices or 04 agencies providing hospice services, hospitals, intermediate care facilities for the 05 mentally retarded, maternity homes, nursing facilities, residential child care facilities, 06 residential psychiatric treatment centers, and rural health clinics; relating to criminal 07 history requirements, and a registry, regarding certain licenses, certifications, 08 approvals, and authorizations by the Department of Health and Social Services; making 09 conforming amendments; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 47 is amended by adding a new chapter to read: 12 Chapter 32. Centralized Licensing and Related Administrative Procedures.

01 Sec. 47.32.010. Purpose and applicability. (a) The purpose of this chapter 02 is to establish centralized licensing and related administrative procedures for the 03 delivery of services in this state by the entities listed in (b) of this section. These 04 procedures are intended to promote safe and appropriate services by setting standards 05 for licensure that will reduce predictable risk; improve quality of care; foster 06 individual and patient rights; and otherwise advance public health, safety, and welfare. 07 (b) This chapter, and regulations adopted under this chapter, apply to the 08 following entities: 09 (1) ambulatory surgical centers; 10 (2) assisted living homes; 11 (3) child care facilities; 12 (4) child placement agencies; 13 (5) foster homes; 14 (6) free-standing birth centers; 15 (7) home health agencies; 16 (8) hospices, or agencies providing hospice services or operating a 17 hospice program; 18 (9) hospitals; 19 (10) intermediate care facilities for the mentally retarded; 20 (11) maternity homes; 21 (12) nursing facilities; 22 (13) residential child care facilities; 23 (14) residential psychiatric treatment centers; 24 (15) rural health clinics. 25 (c) The provisions of AS 47.05.300 - 47.05.390, regarding criminal history, 26 criminal history checks, criminal history use standards, and a centralized registry, 27 apply to entities listed in (b) of this section as provided in AS 47.05.300. 28 Sec. 47.32.020. Requirement to obtain a license. (a) An entity listed in 29 AS 47.32.010(b) must be licensed under this chapter unless the entity is exempt under 30 regulations adopted under AS 47.32.030. 31 (b) If an entity encompasses more than one type of entity listed in

01 AS 47.32.010(b), the entity must apply for and receive a separate license under this 02 chapter before operating that type of business unless exempt under regulations adopted 03 under AS 47.32.030. 04 Sec. 47.32.030. Powers of the department. (a) The department may 05 (1) administer and enforce the provisions of this chapter; 06 (2) coordinate and develop policies, programs, and planning related to 07 licensure and operation of entities listed in AS 47.32.010(b); 08 (3) adopt regulations necessary to carry out the purposes of this 09 chapter, including regulations that 10 (A) establish fees for licensing of each type of entity listed in 11 AS 47.32.010(b); 12 (B) impose requirements for licensure, including standards for 13 license renewal, that are in addition to the requirements of this chapter or of 14 any other applicable state or federal statute or regulation; 15 (C) impose requirements and standards on licensed entities that 16 are in addition to those imposed by this chapter or by any other applicable state 17 or federal statute or regulation, including 18 (i) requirements and standards necessary for an entity or 19 the state to receive money from the department from any source, 20 including federal money; 21 (ii) recordkeeping requirements; 22 (iii) reporting requirements; and 23 (iv) requirements and standards regarding health, safety, 24 and sanitation; 25 (D) provide for waivers, variances, and exemptions from the 26 requirements of this chapter, including the requirement to obtain a license, if 27 the department finds it necessary for the efficient administration of this 28 chapter; and 29 (E) establish requirements for the operation of entities licensed 30 under this chapter; 31 (4) investigate

01 (A) entities described in AS 47.32.010(b); 02 (B) applicants for licensure, including individuals named in an 03 application; and 04 (C) other persons that the department has reason to believe are 05 operating an entity required to be licensed under this chapter, or are residing or 06 working in an entity for which licensure has been sought under this chapter; 07 this subparagraph does not apply to persons receiving services from an entity 08 for which licensure has been sought under this chapter; 09 (5) inspect and monitor licensed entities for compliance with this 10 chapter, regulations adopted under this chapter, and any other applicable statutes or 11 regulations; 12 (6) enter into contracts and agreements necessary to carry out the 13 functions, powers, and duties of the department under this chapter; 14 (7) enter into agreements with private entities, municipalities, and 15 individuals to investigate and make recommendations to the department regarding the 16 licensure and monitoring of entities under this chapter; 17 (8) require an individual who is or will be operating an entity to 18 complete training related to the operation of the entity; 19 (9) waive the application requirements for an entity seeking licensure 20 if the entity submits documentation verifying that it 21 (A) has a license issued by an organization or other agency that 22 has licensing authority under state or federal law, if the standards for that 23 licensure are approved by the department under this chapter or regulations 24 adopted under this chapter; 25 (B) has accreditation from a nationally recognized 26 organization, if the standards for that accreditation are equal to or more 27 stringent than the standards for licensure under this chapter or regulations 28 adopted under this chapter; or 29 (C) is an entity that federal law does not require to be licensed. 30 (b) Nothing in this chapter obligates the department to provide financial 31 support to an entity licensed under this chapter.

01 Sec. 47.32.040. Application for license. An application for a license under 02 this chapter must be made to the department on a form provided by the department or 03 in a format approved by the department, and must be accompanied by 04 (1) any fee established by regulation; and 05 (2) documents and information required by regulation for that type of 06 entity. 07 Sec. 47.32.050. Provisional license; biennial license. (a) The department 08 may issue a provisional license to an entity for which application is made under 09 AS 47.32.040 if, after inspection and investigation, the department determines that the 10 application and the entity meet the requirements of this chapter, regulations adopted 11 under this chapter, and any other applicable statutes or regulations. A provisional 12 license is valid for a period not to exceed one year, except that the department may 13 extend a provisional license for one additional period not to exceed one year. 14 (b) Before expiration of a provisional license issued under (a) of this section, 15 the department shall inspect and investigate the entity to determine whether the entity 16 is operating in compliance with this chapter, regulations adopted under this chapter, 17 and any other applicable statutes or regulations. After inspection and investigation 18 under this subsection and before expiration of a provisional license, the department 19 shall issue a biennial license for the entity if the department finds that 20 (1) the entity meets the requirements for biennial licensure established 21 in this chapter, regulations adopted under this chapter, and other applicable statutes 22 and regulations; 23 (2) a ground for nonrenewal of a license does not exist; and 24 (3) any applicable fee has been paid. 25 (c) The department may place one or more conditions on a provisional or 26 biennial license issued under this section in order to further the purposes of this 27 chapter. 28 Sec. 47.32.060. License renewal. (a) At least 90 days before expiration of a 29 biennial license, a licensed entity that intends to remain licensed shall submit an 30 application for renewal of the license on a form provided by the department or in a 31 format approved by the department, accompanied by

01 (1) all documents and information identified in regulation as being 02 required for renewal of a license for that type of entity; and 03 (2) any fee established by regulation. 04 (b) Before expiration of a biennial license, the department or its representative 05 may inspect an entity that is the subject of a renewal application to determine whether 06 the entity is operating in compliance with this chapter, regulations adopted under this 07 chapter, and other applicable statutes or regulations. After any inspection and 08 investigation under this subsection, and before expiration of the biennial license, the 09 department shall renew a biennial license if the department finds that 10 (1) the licensed entity meets the requirements for renewal; 11 (2) a ground for nonrenewal of a license does not exist; and 12 (3) any applicable fee has been paid. 13 (c) If an application for renewal of a license is submitted but the department is 14 unable to complete its review of the application before the expiration of the biennial 15 license, the license is automatically extended for six months, or until the department 16 completes its review and either approves or denies the application, whichever occurs 17 earlier. 18 (d) The department may place one or more conditions on a renewed license 19 issued under this section to further the purposes of this section. 20 (e) The department shall adopt regulations establishing the grounds for 21 nonrenewal of a license for purposes of AS 47.32.050 and this section. 22 Sec. 47.32.070. Denial of or conditions on license. (a) If the department 23 denies an application for or places conditions on a provisional or biennial license, or 24 for a license renewal, the department shall provide the applicant or entity with a notice 25 of the action by certified mail. The notice must contain a written statement of the 26 reasons for the action and information about requesting a hearing under (b) of this 27 section. 28 (b) An applicant or entity that receives a notice of action under (a) of this 29 section may appeal the department's decision by requesting a hearing within 15 days 30 after receipt of the notice. The appeal must be on a form provided by the department 31 or in a format approved by the department.

01 Sec. 47.32.080. Posting of license; license not transferable. (a) A license 02 issued under this chapter shall be posted in a conspicuous place in the licensed entity. 03 Any notice of a variance issued by the department shall be posted near the license. 04 (b) A license issued under this chapter is not transferable unless authorized by 05 the department. 06 Sec. 47.32.100. Complaints and investigation. (a) A person who believes 07 that an entity has violated an applicable statute or regulation, or a condition of a 08 license issued under this chapter, may file a verbal or written complaint with the 09 department. 10 (b) The department may investigate a complaint filed under this section. The 11 department may decline to investigate a complaint if the department reasonably 12 concludes and documents that the complaint is without merit based on information 13 available to the department at the time of the complaint. The department may 14 consolidate complaints if the department concludes that a single investigation would 15 further the efficient administration of this chapter. 16 (c) A licensed entity may not take retaliatory action against a person who files 17 a complaint. Except as provided in AS 47.32.170, a complainant against whom a 18 retaliatory action has been taken may recover treble damages in a civil action upon a 19 showing that the action was taken in retaliation for the filing of a complaint. 20 Sec. 47.32.110. Cooperation with investigation. An entity shall cooperate 21 with an investigation initiated by the department. An investigated entity shall 22 (1) permit representatives of the department to inspect the entity; 23 review records, including files of individuals who received services from the entity; 24 interview staff; and interview individuals receiving services from the entity; and 25 (2) upon request, provide the department with information and 26 documentation regarding compliance with applicable statutes and regulations. 27 Sec. 47.32.120. Right of access and inspection. (a) A designated agent or 28 employee of the department shall have right of access to an entity 29 (1) to determine whether an application for licensure or renewal is 30 appropriate; 31 (2) to conduct a complaint investigation;

01 (3) to conduct a standard inspection; 02 (4) to inspect all documents, including personnel records, accounts, the 03 building, or the premises; 04 (5) to interview staff or residents; or 05 (6) if the department has reasonable cause to believe that the entity is 06 operating in violation of this chapter or the regulations adopted under this chapter. 07 (b) If an entity denies access, the department may petition the court for an 08 order permitting access, or the department may seek to revoke the entity's license 09 under AS 47.32.150. 10 (c) Upon petition of the department, and after a hearing held upon reasonable 11 notice to the entity, the court shall issue an order to an officer or employee of the 12 department authorizing the officer or employee to enter for any of the purposes 13 described in (a) of this section. 14 Sec. 47.32.130. Report. (a) Within 10 working days after completing an 15 investigation or inspection under AS 47.32.100 - 47.32.120, the department shall 16 prepare a report of the results of the investigation or inspection and mail a copy of the 17 report to the entity. The report shall include a description of 18 (1) any violation, including a citation to each statute or regulation that 19 has been violated; and 20 (2) any enforcement action the department intends to take under 21 AS 47.32.140 or 47.32.150. 22 (b) An entity that receives a copy of a report under this section may submit to 23 the department a written response to the report. The department may require an entity 24 to submit a response to a report received under this section. 25 (c) If a complainant requests a copy of the report in writing, the department 26 shall provide it to the complainant within 14 days after the entity receives a copy of 27 the report under this section. 28 Sec. 47.32.140. Enforcement action: immediate revocation or suspension. 29 (a) If the department's report of investigation or inspection under AS 47.32.130 30 concludes that the department has reasonable cause to believe that a violation of an 31 applicable statute or regulation has occurred that presents an immediate danger to the

01 health, safety, or welfare of an individual receiving services from the entity, the 02 department, without an administrative hearing and without providing an opportunity to 03 cure or correct the violation, may immediately revoke or suspend the entity's license 04 or, if the entity is not licensed under this chapter, may revoke the entity's ability to 05 become licensed under this chapter or to provide services as an entity exempted under 06 this chapter. A suspension or revocation under this subsection takes effect 07 immediately upon initial notice to the entity from the department, is in addition to any 08 enforcement action under AS 47.32.150, and continues until a final determination 09 under (c) of this section or under AS 47.32.160. 10 (b) Notice under this section shall be provided as follows: 11 (1) the department shall provide initial notice to the entity at the time 12 the department determines that an immediate suspension or revocation is required; 13 initial notice may be verbal, except that if no entity representative is present at the 14 entity, the department shall post written notice on the front door of the entity; the 15 initial notice must provide information regarding the entity's appeal rights; 16 (2) the department shall provide formal written notice to the entity 17 within 14 working days after the immediate revocation or suspension decision; formal 18 written notice shall include 19 (A) a copy of the department's report under AS 47.32.130, a 20 statement of the entity's right to submit a written response to the report, and 21 any department requirement that the entity submit a written response to the 22 report; 23 (B) a description of any enforcement action the department 24 intends to take under AS 47.32.150(d) or (e); and 25 (C) information regarding the entity's appeal rights. 26 (c) An entity to which a notice has been provided under this section may 27 appeal the department's decision to impose the enforcement action, including an 28 enforcement action the department intends to take under AS 47.32.150(d) or (e), by 29 filing a written request for a hearing, on a form provided by the department, within 15 30 days after receipt of the notice. If a hearing is not timely requested under this 31 subsection, the department's notice constitutes a final administrative order for which

01 the department may seek the court's assistance in enforcing. 02 Sec. 47.32.150. Enforcement actions. (a) If the department's report of 03 investigation or inspection under AS 47.32.130 concludes that the department has 04 reasonable cause to believe that a violation of an applicable statute or regulation has 05 occurred, the department shall provide notice to the entity of the violation and an 06 opportunity to cure the violation within a reasonable time specified by the department. 07 The notice shall include a copy of the department's report under AS 47.32.130, a 08 statement that the entity may submit a written response to the report, any department 09 requirement that the entity submit a written response to the report, a description of any 10 enforcement action the department intends to take under (d) or (e) of this section, and 11 information regarding the entity's appeal rights. 12 (b) An entity receiving a notice under (a) of this section, or a notice under 13 AS 47.32.140(b)(2) that contains the information specified in AS 47.32.140(b)(2)(B), 14 shall submit a plan of correction to the department for approval. Once the entity has 15 cured its violations, it must submit to the department an allegation of compliance. 16 Upon receipt of the allegation of compliance, the department may conduct a follow-up 17 investigation or inspection to determine compliance. The department may take one or 18 more enforcement actions under (d) and (e) of this section regardless of whether the 19 entity achieves compliance under this subsection. 20 (c) If the department believes that an entity has not voluntarily corrected the 21 violation or entered into a plan of correction with the approval of the department, the 22 department may require that the entity participate in a plan of correction under 23 regulations of the department. Once the entity has cured its violations, it must submit 24 to the department an allegation of compliance. Upon receipt of the allegation of 25 compliance, the department may conduct a follow-up investigation or inspection to 26 determine compliance. The department may take one or more enforcement actions 27 under (d) and (e) of this section regardless of whether the entity achieves compliance 28 under this subsection. 29 (d) The department may take one or more of the following enforcement 30 actions under this section: 31 (1) delivery of a warning notice to the licensed entity and to any

01 additional person who was the subject of the investigation or inspection; 02 (2) modification of the term or scope of the entity's existing license, 03 including changing a biennial license to a provisional license or adding a condition to 04 the license; 05 (3) suspension of the entity's operations for a period of time set by the 06 department; 07 (4) suspension of or a ban on the entity's provision of services to 08 individuals not already receiving services from the entity, for a period of time set by 09 the department; 10 (5) nonrenewal of the entity's license; 11 (6) revocation of the entity's license or, if the entity is not licensed 12 under this chapter, revocation of the entity's ability to become licensed under this 13 chapter; 14 (7) issuance of an order requiring closure, immediate or otherwise, of 15 the entity regardless of whether the entity is licensed or unlicensed; 16 (8) denial of payments under AS 47.07 for the entity's provision of 17 services to any individual not already receiving services from the entity; 18 (9) assumption of either temporary or permanent management of the 19 entity or pursuit of a court-ordered receiver for the entity; 20 (10) reduction of the number of individuals receiving services from the 21 entity under the license; 22 (11) imposition of any penalty authorized under law; 23 (12) inclusion in the registry established under AS 47.05.330; 24 (13) requirement that the entity prepare and submit a plan of 25 correction. 26 (e) In addition to any other enforcement actions the department may take 27 under this section, the department may assess a civil fine against an entity for a 28 violation of an applicable statute or regulation, taking into account the type and size of 29 the entity and the type and severity of the violation. A fine assessed under this 30 subsection may not exceed $2,500 per day for each day of violation for a continuing 31 violation or $25,000 per single violation.

01 (f) An entity to which a notice has been provided under this section regarding 02 an enforcement action under (d) or (e) of this section may appeal the department's 03 decision to impose the enforcement action by filing a written request for a hearing, on 04 a form provided by the department, within 15 days after receipt of the notice of the 05 enforcement action. 06 (g) An enforcement action under (d) or (e) of this section may not be imposed 07 until 08 (1) the time period for requesting a hearing under AS 47.32.140(c) or 09 under (f) of this section, as applicable, has passed without a hearing being requested; 10 or 11 (2) a final agency decision has been issued following a hearing 12 requested under AS 47.32.140(c) or under (f) of this section, as applicable. 13 (h) If a hearing is not timely requested under AS 47.32.140(c) or under (f) of 14 this section, as applicable, the department's notice regarding an enforcement action 15 under (d) or (e) of this section constitutes a final administrative order. The department 16 may seek the court's assistance in enforcing the final administrative order. 17 (i) An entity against which an enforcement action under (d) or (e) of this 18 section has been taken may not apply for a license or license renewal until after the 19 time period set by the department in its final administrative order under 20 AS 47.32.140(c), under this section, or under AS 47.32.160, as applicable. If no time 21 period has been set, a final administrative order against the entity has the effect of a 22 permanent revocation and the entity may not apply for a license or license renewal. If 23 the ownership, control, or management of an entity changes, the department may 24 allow the entity to seek licensure if the entity submits documents showing the change. 25 (j) Assessment of a civil fine under this section does not preclude imposition 26 of a criminal penalty under AS 47.32.180. 27 Sec. 47.32.160. Hearings. (a) Upon receipt of a timely request for a hearing 28 by an entity regarding an enforcement action under AS 47.32.140(a) or under 29 AS 47.32.150(d)(3), (5), (6), (7), or (9), the department shall request the chief 30 administrative law judge (AS 44.64.020) to appoint an administrative law judge 31 employed or retained by the office of administrative hearings to preside over a hearing

01 conducted under this section. AS 44.64.060 does not apply to the hearing. The 02 procedures in AS 44.62.330 - 44.62.630 (Administrative Procedure Act) apply to the 03 hearing. 04 (b) Upon receipt of a timely request for a hearing by an entity regarding an 05 enforcement action under AS 47.32.070 or under AS 47.32.150(d)(1), (2), (4), (8), 06 (10), (11), (12), or (13), the department shall conduct a hearing in front of an officer 07 appointed by the commissioner. A hearing under this subsection shall be conducted 08 on the record, in an informal manner, and shall not be conducted under AS 44.62. The 09 appointed hearing officer may be a state employee. 10 (c) The decision following a hearing conducted under (a) or (b) of this section 11 constitutes a final agency administrative order. 12 (d) A hearing conducted under this section shall take place within 120 days 13 after the department's receipt of the request for hearing. A hearing may be held on an 14 expedited basis upon a showing of good cause. An expedited hearing shall be held 15 within 60 days. 16 Sec. 47.32.170. Immunity. (a) The department, its employees, and its agents 17 are not liable for civil damages as a result of an act or omission in the licensure 18 process or monitoring of a licensed entity or any activities under this chapter. 19 (b) A volunteer who works for a hospice program licensed under this chapter 20 is not liable for damages for personal injury, wrongful death, or property damage for 21 an act or omission committed in the course of hospice-related duties unless the act or 22 omission constituted gross negligence, recklessness, or intentional misconduct. 23 (c) An entity that obtains information about an employee under a criminal 24 history check under AS 47.50.310 may use that information only as provided in 25 regulations adopted by the department under AS 47.05.320. However, if that entity 26 reasonably relies upon that information in denying employment for an individual 27 selected for hire as an employee, including during any period of provisional 28 employment, the entity is not liable in any action brought by the individual based on 29 the employment determination resulting from the information. 30 Sec. 47.32.180. Criminal penalty. A person who intentionally, or with 31 criminal negligence, violates a provision of this chapter or a regulation adopted under

01 this chapter related to health and safety of the persons served by an entity required to 02 comply with the chapter, is guilty of a class B misdemeanor. 03 Sec. 47.32.190. Confidentiality; release of certain information. (a) Except 04 as otherwise provided by law, the following are confidential and may not be disclosed 05 to the public without a court order: complaints; investigations; inspections; records 06 related to a complaint, investigation, or inspection; and the identity of a complainant 07 and of individuals receiving services from an entity. 08 (b) With the exception of information that identifies a complainant or a 09 recipient of services from an entity, a copy of the department's report of investigation 10 or inspection under AS 47.32.130, an entity's written response to the report, and 11 information regarding any department imposition of an enforcement action under 12 AS 47.32.140 or 47.32.150 are public records under AS 40.25. The department shall 13 make this information available to the public for inspection and copying within 14 timeframes specified in AS 40.25 or regulations adopted under that statute, after the 15 (1) entity receives its copy of the report of investigation under 16 AS 47.32.130, if the department has determined that no enforcement action under 17 AS 47.32.140 or 47.32.150 will be taken regarding the entity; 18 (2) department's notice of enforcement action under AS 47.32.140 or 19 47.32.150 becomes a final administrative order without a hearing under 20 AS 47.32.140(c) or 47.32.150(h); or 21 (3) issuance of a decision following a hearing under AS 47.32.160. 22 Sec. 47.32.200. Access to information. Notwithstanding any contrary 23 provision of law, the divisions of the department assigned public health and public 24 assistance functions shall have access to any information compiled or retained by 25 other divisions within the department, regardless of the nature of the information or 26 whether the information is deemed confidential, in order to assist in administering the 27 provisions of this chapter. 28 Sec. 47.32.210. Notice of changes from an entity. (a) An entity shall 29 provide the department with written notice of a change of mailing address at least 14 30 days before the effective date of the change. 31 (b) An entity shall notify the department within 24 hours after having

01 knowledge that an administrator, employee, volunteer, or household member, as 02 required by the type of entity under department regulations, has been 03 (1) convicted of, charged by information or complaint with, or is under 04 indictment or presentment for, any offense listed in regulations adopted under 05 AS 47.05.310 or a law or ordinance of this or another jurisdiction with similar 06 elements; or 07 (2) found to have neglected or abused a child as described in AS 47.10. 08 (c) An entity shall notify the department within 24 hours after having 09 knowledge of any allegation or suspicion of abuse, neglect, or misappropriation of 10 money or other property of an individual receiving services from the entity. The entity 11 shall conduct an investigation and make a written report to the department within five 12 days following notification to the department under this subsection. 13 (d) An entity shall notify the department at least 20 days before the effective 14 date of a decision to relinquish the entity's license. 15 (e) An entity shall notify the department no later than one day after signing a 16 contract for sale of the licensed entity. 17 (f) An entity shall notify the department at least 30 days before it wishes to 18 change the location of the entity. 19 Sec. 47.32.900. Definitions. In this chapter, 20 (1) "ambulatory surgical center" means a facility that 21 (A) is not a part of a hospital or a physician's general medical 22 practice; and 23 (B) operates primarily for the purpose of providing surgical 24 services to patients who do not require hospitalization; 25 (2) "assisted living home" 26 (A) means a residential facility that serves three or more adults 27 who are not related to the owner by blood or marriage, or that receives state or 28 federal payment for services regardless of the number of adults served; the 29 department shall consider a facility to be an assisted living home if the facility 30 (i) provides housing and food services to its residents; 31 (ii) offers to provide or obtain for its residents

01 assistance with activities of daily living; or 02 (iii) provides or offers any combination of these 03 services; 04 (B) does not include 05 (i) a correctional facility; 06 (ii) an emergency shelter; 07 (iii) a program licensed under AS 47.10.310 for 08 runaway minors; 09 (iv) a type of entity listed in AS 47.32.010(b)(5), (8), 10 (9), (10), (11), or (12); 11 (3) "child placement agency" means an agency that arranges for 12 placement of a child 13 (A) in a foster home, residential child care facility, or adoptive 14 home; or 15 (B) for guardianship purposes; 16 (4) "criminal history check" means a report of criminal justice 17 information and a national criminal history record check under AS 47.05.310; 18 (5) "department" means the Department of Health and Social Services; 19 (6) "entity" means an entity listed in AS 47.32.010(b); 20 (7) "foster home" means a place where the adult head of household 21 provides 24-hour care on a continuing basis to one or more children who are apart 22 from their parents; 23 (8) "free-standing birth center" means a facility that is not a part of a 24 hospital and that provides a birth service to maternal clients; 25 (9) "frontier extended stay clinic" means a rural health clinic that is 26 authorized to provide 24-hour care to one or more individuals; 27 (10) "home health agency" means a public agency or private 28 organization, or a subdivision of a public agency or private organization, that 29 primarily engages in providing skilled nursing services, in combination with physical 30 therapy, occupational therapy, speech therapy, or services provided by a home health 31 aide, to individuals in the individual's home, an assisted living home, or another

01 residential setting; in this paragraph, 02 (A) "subdivision" means a component of a multi-function 03 facility or home health agency, such as the home health care division of a 04 hospital or the division of a public agency, that independently meets the 05 requirements for licensure as a home health agency; 06 (B) "public agency" means an agency operated by the state or 07 local government; 08 (11) "hospice agency" means a program that provides hospice services; 09 (12) "hospice philosophy" means a philosophy that is life affirming, 10 recognizes dying as a normal process of living, focuses on maintaining the quality of 11 remaining life, neither hastens nor postpones death, strengthens the client's role in 12 making informed decisions about care, and stresses the delivery of services, in the 13 least restrictive setting possible and with the least amount of technology necessary, by 14 volunteers and professionals who are trained to help a client with the physical, social, 15 psychological, spiritual, and emotional issues related to terminal illness so that the 16 clients can feel better prepared for the death that is to come; 17 (13) "hospice services" means a range of interdisciplinary palliative 18 and supportive services provided in a home or at an inpatient facility to persons who 19 are terminally ill and to those persons' families, in order to meet their physical, 20 psychological, social, emotional, and spiritual needs, and is based on hospice 21 philosophy; 22 (14) "hospital" means an institution or establishment, public or private, 23 devoted primarily to providing diagnosis, treatment, or care over a continuous period 24 of 24 hours each day for two or more nonrelated individuals suffering from illness, 25 physical or mental disease, injury or deformity, or any other condition for which 26 medical or surgical services would be appropriate; "hospital" does not include a 27 frontier extended stay clinic; 28 (15) "intermediate care facility for the mentally retarded" has the 29 meaning given in 42 C.F.R. 440.150; 30 (16) "licensed entity" means an entity that has a license issued under 31 this chapter;

01 (17) "maternity home" means a place of residence the primary function 02 of which, with or without compensation, is to give care to pregnant individuals, 03 regardless of age, or that provides care, as needed, to mothers and their newborn 04 infants; 05 (18) "nursing facility" means a facility that is primarily engaged in 06 providing skilled nursing care and related services for those who because of their 07 mental or physical condition require care and services above the level of room and 08 board; "nursing facility" does not include a facility that is primarily for the care and 09 treatment of mental diseases; 10 (19) "residential child care facility" means a place, staffed by 11 employees, where one or more children who are apart from their parents receive 24- 12 hour care on a continuing basis; 13 (20) "residential psychiatric treatment center" means a secure or semi- 14 secure facility, or an inpatient program in another facility, that provides, under the 15 direction of a physician, psychiatric diagnostic, evaluation, and treatment services on a 16 24-hour-a-day basis to children with severe emotional or behavioral disorders; 17 (21) "rural health clinic" 18 (A) means a facility or clinic that is authorized to provide 19 health care services and is located in a rural area; 20 (B) includes a frontier extended stay clinic; 21 (C) does not include a rehabilitation agency, or a facility 22 primarily for the care and treatment of mental diseases. 23 * Sec. 2. AS 09.55.560(1) is amended to read: 24 (1) "health care provider" means an acupuncturist licensed under 25 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 26 chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 27 dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing 28 optician licensed under AS 08.71; a naturopath licensed under AS 08.45; an 29 optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 30 physical therapist or occupational therapist licensed under AS 08.84; a physician or 31 physician assistant licensed under AS 08.64; a podiatrist; a psychologist and a

01 psychological associate licensed under AS 08.86; a hospital as defined in 02 AS 47.32.900 [AS 18.20.130], including a governmentally owned or operated 03 hospital; an employee of a health care provider acting within the course and scope of 04 employment; an ambulatory surgical facility and other organizations whose primary 05 purpose is the delivery of health care, including a health maintenance organization, 06 individual practice association, integrated delivery system, preferred provider 07 organization or arrangement, and a physical hospital organization; 08 * Sec. 3. AS 09.65.095(b)(2) is amended to read: 09 (2) "hospital" means a hospital as defined in AS 47.32.900 10 [AS 18.20.130], including a governmentally owned or operated hospital. 11 * Sec. 4. AS 09.65.096(d)(2) is amended to read: 12 (2) "hospital" has the meaning given in AS 47.32.900 [AS 18.20.130] 13 and includes a governmentally owned or operated hospital; 14 * Sec. 5. AS 11.61.195(a) is amended to read: 15 (a) A person commits the crime of misconduct involving weapons in the 16 second degree if the person knowingly 17 (1) possesses a firearm during the commission of an offense under 18 AS 11.71.010 - 11.71.040; 19 (2) violates AS 11.61.200(a)(1) and is within the grounds of or on a 20 parking lot immediately adjacent to 21 (A) a public or private preschool, elementary, junior high, or 22 secondary school without the permission of the chief administrative officer of 23 the school or district or the designee of the chief administrative officer; or 24 (B) an entity [A CENTER], other than a private residence, 25 licensed as a child care facility under AS 47.32, licensed under AS 47.33, or 26 licensed under former AS 47.35, or recognized by the federal government for 27 the care of children; or 28 (3) discharges a firearm at or in the direction of 29 (A) a building with reckless disregard for a risk of physical 30 injury to a person; or 31 (B) a dwelling.

01 * Sec. 6. AS 11.61.220(a) is amended to read: 02 (a) A person commits the crime of misconduct involving weapons in the fifth 03 degree if the person 04 (1) is 21 years of age or older and knowingly possesses a deadly 05 weapon, other than an ordinary pocket knife or a defensive weapon, 06 (A) that is concealed on the person, and, when contacted by a 07 peace officer, the person fails to 08 (i) immediately inform the peace officer of that 09 possession; or 10 (ii) allow the peace officer to secure the deadly weapon, 11 or fails to secure the weapon at the direction of the peace officer, 12 during the duration of the contact; 13 (B) that is concealed on the person within the residence of 14 another person unless the person has first obtained the express permission of 15 an adult residing there to bring a concealed deadly weapon within the 16 residence; 17 (2) knowingly possesses a loaded firearm on the person in any place 18 where intoxicating liquor is sold for consumption on the premises; 19 (3) being an unemancipated minor under 16 years of age, possesses a 20 firearm without the consent of a parent or guardian of the minor; 21 (4) knowingly possesses a firearm 22 (A) within the grounds of or on a parking lot immediately 23 adjacent to an entity [A CENTER], other than a private residence, licensed as 24 a child care facility under AS 47.32, licensed under AS 47.33, or licensed 25 under former AS 47.35, or recognized by the federal government for the care 26 of children; 27 (B) within a 28 (i) courtroom or office of the Alaska Court System; or 29 (ii) courthouse that is occupied only by the Alaska 30 Court System and other justice-related agencies; or 31 (C) within a domestic violence or sexual assault shelter that

01 receives funding from the state; 02 (5) possesses or transports a switchblade or a gravity knife; or 03 (6) is less than 21 years of age and knowingly possesses a deadly 04 weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed 05 on the person. 06 * Sec. 7. AS 18.07.031(b) is amended to read: 07 (b) Notwithstanding the expenditure threshold in (a) of this section, a person 08 may not convert a building or part of a building to a nursing home that requires 09 licensure as a nursing facility under AS 47.32 [AS 18.20.020] unless authorized 10 under the terms of a certificate of need issued by the department. 11 * Sec. 8. AS 18.23.070(3) is amended to read: 12 (3) "health care provider" means an acupuncturist licensed under 13 AS 08.06; a chiropractor licensed under AS 08.20; a dental hygienist licensed under 14 AS 08.32; a dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a 15 dispensing optician licensed under AS 08.71; an optometrist licensed under AS 08.72; 16 a pharmacist licensed under AS 08.80; a physical therapist or occupational therapist 17 licensed under AS 08.84; a physician licensed under AS 08.64; a podiatrist; a 18 psychologist and a psychological associate licensed under AS 08.86; a hospital as 19 defined in AS 47.32.900 [AS 18.20.130], including a governmentally owned or 20 operated hospital; and an employee of a health care provider acting within the course 21 and scope of employment; 22 * Sec. 9. AS 18.26.220 is amended to read: 23 Sec. 18.26.220. Facility compliance with health and safety laws and 24 licensing requirements. A medical facility constructed, acquired, improved, 25 financed, or otherwise under the provisions of this chapter and all actions of the 26 authority are subject to AS 18.07, AS 47.32 [AS 18.20], and any other present or 27 future state licensing requirements for the facilities or services provided under this 28 chapter. A medical facility issued a certificate of need under Sec. 4, ch. 275, SLA 29 1976 by virtue of being in existence or under construction before July 1, 1976, must 30 fully meet the requirements of AS 18.07 in order to be eligible for funding under this 31 chapter.

01 * Sec. 10. AS 18.50.950(4) is amended to read: 02 (4) "child adoption agency" means a child adoption agency licensed as 03 a child placement agency under AS 47.32 or under former AS 47.35; 04 * Sec. 11. AS 21.86.030(c) is amended to read: 05 (c) Nothing in this section relieves a health maintenance organization that 06 wishes to exercise the power described in (a)(1) of this section from the requirements 07 of 08 (1) AS 18.07, regarding obtaining a certificate of need; 09 (2) AS 47.32 [AS 18.20], regarding regulation of hospitals; and 10 (3) other statutes applicable to hospitals or other health care facilities. 11 * Sec. 12. AS 25.23.185(c) is amended to read: 12 (c) A child adoption agency licensed under former AS 47.35, and a child 13 placement agency licensed under AS 47.32, shall maintain records of the 14 information required to be furnished to the court under this section or under 15 regulations of the commissioner implementing this section. If a child adoption agency 16 or child placement agency ceases to place persons for adoption, it shall transfer its 17 records to the commissioner. 18 * Sec. 13. AS 25.27.244(s)(2) is amended to read: 19 (2) "license" 20 (A) means, except as provided in (B) of this paragraph, a 21 license, certificate, permit, registration, or other authorization that, at the time 22 of issuance, will be valid for more than 150 days and that may be acquired 23 from a state agency to perform an occupation, including the following: 24 (i) license relating to boxing or wrestling under 25 AS 05.10; 26 (ii) authorization to perform an occupation regulated 27 under AS 08; 28 (iii) teacher certificate under AS 14.20; 29 (iv) authorization under AS 18.08 to perform 30 emergency medical services; 31 (v) asbestos worker certification under AS 18.31;

01 (vi) boiler operator's license under AS 18.60.395; 02 (vii) certificate of fitness under AS 18.62; 03 (viii) hazardous painting certification under AS 18.63; 04 (ix) security guard license under AS 18.65.400 - 05 18.65.490; 06 (x) license relating to insurance under AS 21.27; 07 (xi) employment agency permit under AS 23.15.330 - 08 23.15.520; 09 (xii) registration as a broker-dealer, an agent, a state 10 investment adviser, or an investment adviser representative under 11 AS 45.55.030; 12 (xiii) certification as a pesticide applicator under 13 AS 46.03.320; 14 (xiv) certification as a storage tank worker or contractor 15 under AS 46.03.375; 16 (xv) certification as a water and wastewater works 17 operator under AS 46.30; and 18 (xvi) commercial crewmember fishing license under 19 AS 16.05.480 other than an entry permit or interim-use permit under 20 AS 16.43; 21 (xvii) fish transporter permit under AS 16.05.671; 22 (xviii) sport fishing operator license under 23 AS 16.40.260; 24 (xix) sport fishing guide license under AS 16.40.270; 25 (B) does not include 26 (i) a vessel license issued under AS 16.05.490 or 27 16.05.530; 28 (ii) a license issued to a child care facility under 29 AS 47.32 [AS 47.35]; 30 (iii) a business license issued under AS 43.70; 31 (iv) an entry permit or interim-use permit issued under

01 AS 16.43; or 02 (v) a driver's license issued under AS 28.15; 03 * Sec. 14. AS 37.05.146(c)(67) is amended to read: 04 (67) fees received by the Department of Health and Social Services 05 under AS 47.32 [AS 47.33.910 FOR LICENSING ASSISTED LIVING HOMES]; 06 * Sec. 15. AS 47.05.010(15) is amended to read: 07 (15) investigate reports of abuse, neglect, or misappropriation of 08 property by certified nurse aides in facilities licensed by the department under 09 AS 47.32 or under former AS 18.20. 10 * Sec. 16. AS 47.05.055(a) is amended to read: 11 (a) If the department has reason to believe that a certified nurse aide employed 12 in a facility licensed by the department under AS 47.32 as a hospital or nursing 13 home, or under former AS 18.20, has committed abuse, neglect, or misappropriation 14 of property in connection with the person's duties as a certified nurse aide at the 15 facility, the department shall investigate the matter. The department shall conduct 16 proceedings to determine whether [IF] a finding of abuse, neglect, or 17 misappropriation of property should be made. These proceedings shall be conducted 18 under AS 44.62.330 - 44.62.630. A finding under this subsection that a certified nurse 19 aide has committed abuse, neglect, or misappropriation of property shall be reported 20 by the department to the Board of Nursing. 21 * Sec. 17. AS 47.05 is amended by adding new sections to read: 22 Article 3. Criminal History; Registry. 23 Sec. 47.05.300. Applicability. (a) The provisions of AS 47.05.310 - 24 47.05.390 apply to any individual or entity that is required by statute or regulation to 25 be licensed or certified by the department or that is eligible to receive payments, in 26 whole or in part, from the department to provide for the health, safety, and welfare of 27 persons who are served by the programs administered by the department. 28 (b) Those individual service providers subject to AS 47.05.310 - 47.05.390 29 under (a) of this section include 30 (1) public home care providers described in AS 47.05.017; 31 (2) providers of home and community-based waiver services financed

01 under AS 47.07.030(c); and 02 (3) case managers to coordinate community mental health services 03 under AS 47.30.530. 04 Sec. 47.05.310. Criminal history; criminal history check; compliance. (a) 05 If an individual has been charged with, convicted of, found not guilty by reason of 06 insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the 07 standards for licensure or certification established by the department by regulation, 08 that individual may not own an entity, or be an officer, director, partner, member, or 09 principal of the business organization that owns an entity. In addition, an entity may 10 not 11 (1) allow that individual to operate the entity; 12 (2) hire or retain that individual at the entity as an employee, 13 independent contractor, or volunteer of the entity; 14 (3) allow that individual to reside in the entity if not a recipient of 15 services; or 16 (4) allow that individual to be present in the entity if the individual 17 would have regular contact with individuals who receive services from the entity, 18 unless that individual is a family member of or visitor of an individual who receives 19 services from the entity. 20 (b) The department may not issue or renew a license or a certification for an 21 entity that is in violation of (a) of this section or that would be in violation based on 22 the information received as part of the application process. 23 (c) The department may not issue or renew a license or certification for an 24 entity if an individual is applying for a license, license renewal, certification, or 25 certification renewal for the entity and that 26 (1) individual has been found by a court or agency of this or another 27 jurisdiction to have neglected, abused, or exploited a child or vulnerable adult under 28 AS 47.10, AS 47.24, or AS 47.62 or a substantially similar provision in another 29 jurisdiction; or 30 (2) individual's name appears on the centralized registry established 31 under AS 47.05.330 or a similar registry of this state or another jurisdiction.

01 (d) An entity shall provide to the department a release of information 02 authorization for a criminal history check for any individual who is not a recipient of 03 services from the entity, and who, after the entity has been issued a license, license 04 renewal, certification, or certification renewal by the department, 05 (1) intends to become an owner of the entity, or an officer, director, 06 partner, member, or principal of the business organization that owns the entity; 07 (2) the entity intends to hire or retain as the operator of the entity's 08 business; 09 (3) the entity intends to hire or retain as an employee, independent 10 contractor, or volunteer of the entity; or 11 (4) will be present in the entity or at the places of operation of entity, 12 and would have regular contact with individuals who receive services from the entity, 13 but is not a family member or visitor of an individual who receives services from the 14 entity. 15 (e) An individual for whom a release of information authorization has been 16 provided to the department shall submit the individual's fingerprints to the department, 17 with the fee established under AS 12.62.160, for a report of criminal justice 18 information under AS 12.62 and for submission by the Department of Public Safety to 19 the Federal Bureau of Investigation for a national criminal history records check. The 20 Department of Public Safety shall provide the report of criminal justice information 21 and the results of the national criminal history records check to the department for its 22 use in considering an application for a license, license renewal, certification, or 23 certification renewal, or in considering other approval or selection regarding an entity, 24 for compliance with the standards established in this section. For purposes of 25 obtaining access to criminal justice information maintained by the Department of 26 Public Safety under AS 12.62, the department is a criminal justice agency conducting 27 a criminal justice activity. The department may waive the requirement for fingerprint 28 submission if an individual is unable to provide fingerprints due to a medical or 29 physical condition that is documented by a licensed physician. 30 (f) The provisions of this section do not apply if the department grants an 31 exception from a requirement of (a) - (e) of this section under a regulation adopted by

01 the department. 02 (g) The department shall adopt regulations listing those criminal offenses that 03 are inconsistent with the standards for licensure or certification by the department. 04 (h) An individual service provider is subject to the provisions of (a) - (g) of 05 this section as if the individual service provider were an entity subject to those 06 provisions. 07 (i) For purposes of (b) and (c) of this section, in place of nonissuance or 08 nonrenewal of a license or certification, an entity or individual service provider that is 09 not required to be licensed or certified by the department, or a person wishing to 10 become such an entity or individual service provider, is instead ineligible to receive a 11 payment, in whole or in part, from the department to provide for the health, safety, and 12 welfare of persons who are served by the programs administered by the department if 13 the entity, individual 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; 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 vulnerable adult under AS 47.10, 19 AS 47.24, or AS 47.62 or a substantially similar provision in another jurisdiction; or 20 (3) appears on the centralized registry established under AS 47.05.330 21 or a similar registry of this state or another jurisdiction. 22 Sec. 47.05.320. Criminal history use standards. The department shall by 23 regulation establish standards for the consideration and use by the department, an 24 entity, or an individual service provider of the criminal history of an individual 25 obtained under AS 47.05.310. 26 Sec. 47.05.330. Centralized registry. (a) The department shall by regulation 27 provide for a centralized registry to facilitate the licensing or certification of entities 28 and individual service providers, the authorization of payments to entities or 29 individual service providers by the department, and employment of individuals by 30 entities and individual service providers. 31 (b) Except for the name of each victim being redacted before the information

01 is placed on the registry, the registry shall consist of the following information for an 02 entity or individual service provider, an applicant on behalf of an entity or individual 03 service provider, or an employee of an entity or individual service provider: 04 (1) orders, judgments, and adjudications finding that the applicant or 05 the employee committed abuse, neglect, or exploitation under AS 47.10, AS 47.24, 06 AS 47.62, or a substantially similar provision in another jurisdiction; 07 (2) orders under a state statute or a substantially similar provision in 08 another jurisdiction that a license or certification of the entity or individual service 09 provider to provide services related to the health, safety, and welfare of persons was 10 denied, suspended, revoked, or conditioned. 11 (c) As a condition for applying for licensure or certification of an entity or 12 individual service provider, or for payment to an entity or individual service provider 13 by the department, an applicant must agree to submit timely to the registry the 14 information required under this section relating to the entity, any individual, the 15 applicant, and employees of the entity or individual service provider. 16 (d) The department shall prescribe by regulation the form or format by which 17 an applicant must submit required information to the registry. 18 (e) Notwithstanding any contrary provision of law, the department may also 19 submit information described in this section to the registry. An entity or individual 20 that is exempt from department licensure or certification and that does not receive 21 money from the department for its services may voluntarily submit information 22 described in this section to the department for placement in the registry. 23 (f) Information contained in the registry is a public record under AS 40.25 and 24 is subject to public inspection and copying. 25 (g) A person who, in good faith, submits information to the registry in 26 accordance with this section is immune from civil or criminal liability that might 27 otherwise exist for submitting information to the registry. 28 (h) A person about whom information is placed in the registry may request the 29 department to delete or modify the information to correct inaccuracies. The 30 department shall investigate the request and make necessary deletions or 31 modifications.

01 Sec. 47.05.340 Regulations. The department shall adopt regulations to 02 implement AS 47.05.300 - 47.05.390. 03 Sec. 47.05.390. Definitions. In AS 47.05.300 - 47.05.390, unless the context 04 otherwise requires, 05 (1) "criminal history records" has the meaning given in AS 12.64.010; 06 (2) "criminal justice activity" has the meaning given in AS 12.62.900; 07 (3) "criminal justice agency" has the meaning given in AS 12.62.900; 08 (4) "criminal justice information" has the meaning given in 09 AS 12.62.900; 10 (5) "department" means the Department of Health and Social Services; 11 (6) "entity" includes an entity listed in AS 47.32.010(b); 12 (7) "individual service provider" means an individual described in 13 AS 47.05.300(a), and includes those listed in AS 47.05.300(b); 14 (8) "license" includes a provisional license. 15 * Sec. 18. AS 47.10.990(10) is amended to read: 16 (10) "foster care" means care provided by a person or household under 17 a foster home license required under AS 47.32 or under former AS 47.35.015; 18 * Sec. 19. AS 47.10.990(24) is amended to read: 19 (24) "secure residential psychiatric treatment center" has the meaning 20 given "residential psychiatric treatment center" in AS 47.32.900 [AS 47.35.900]. 21 * Sec. 20. AS 47.12.990(14) is amended to read: 22 (14) "secure residential psychiatric treatment center" has the meaning 23 given "residential psychiatric treatment center" in AS 47.32.900; [AS 47.35.900.] 24 * Sec. 21. AS 47.24.013(a) is amended to read: 25 (a) If a report received under AS 47.24.010 regards the abandonment, 26 exploitation, abuse, neglect, or self-neglect of a vulnerable adult who is 60 years of 27 age or older that is alleged to have been committed by or to have resulted from the 28 negligence of the staff or a volunteer of an out-of-home care facility, including a 29 facility licensed under AS 47.32 or under former AS 18.20, in which the vulnerable 30 adult resides, the department shall transfer the report for investigation to the long term 31 care ombudsman under AS 47.62.015.

01 * Sec. 22. AS 47.24.017(d) is amended to read: 02 (d) If the protective services under this section include the placement of a 03 vulnerable adult in an assisted living home at the state's expense, the minimum daily 04 reimbursement rate to the assisted living home for the vulnerable adult is $70. The 05 department may, under its regulations, provide for a daily rate higher than $70 if the 06 additional care provided to the vulnerable adult in the assisted living home justifies the 07 additional reimbursement. In this subsection, "assisted living home" means an 08 assisted living home licensed under AS 47.32 or under AS 47.33. 09 * Sec. 23. AS 47.25.071(b) is amended to read: 10 (b) To qualify for a grant under (a) or (d) of this section, the child care facility 11 must 12 (1) be currently licensed under AS 47.32 or under former AS 47.35, 13 and applicable municipal licensing requirements; 14 (2) participate in the day care assistance program under AS 47.25.001 - 15 47.25.095; and 16 (3) provide care under a payment system as provided in (g) of this 17 section. 18 * Sec. 24. AS 47.25.095(2) is amended to read: 19 (2) "child care facility" means an establishment licensed as a child 20 care facility under AS 47.32, or licensed under former AS 47.35, including day care 21 centers, family day care homes, and schools for preschool age children, that provides 22 care for children not related by blood, marriage, or legal adoption to the owner, 23 operator, or manager of the facility; 24 * Sec. 25. AS 47.25.095(4) is amended to read: 25 (4) "day care facility" means a center or home licensed in accordance 26 with the provisions of AS 47.32 as a child care facility or with the provisions of 27 former AS 47.35, or recognized by the federal government for the care of children; 28 * Sec. 26. AS 47.25.195(f)(1) is amended to read: 29 (1) "assisted living home" means an assisted living home licensed 30 under AS 47.32 or under AS 47.33; 31 * Sec. 27. AS 47.30.915(5) is amended to read:

01 (5) "evaluation facility" means a health care facility that has been 02 designated or is operated by the department to perform the evaluations described in 03 AS 47.30.660 - 47.30.915, or a medical facility licensed under AS 47.32 or under 04 former AS 18.20.020 or operated by the federal government; 05 * Sec. 28. AS 47.31.100(4) is amended to read: 06 (4) "evaluation facility" means a health care facility that has been 07 designated by the department to perform the evaluations described in AS 47.30.670 - 08 47.30.915, including a facility licensed under AS 47.32 or under former 09 AS 18.20.020 or operated by the federal government; 10 * Sec. 29. AS 47.40.021 is amended to read: 11 Sec. 47.40.021. Licensing and supervision. Facilities providing services that 12 are purchased by the department under AS 47.40.011 - 47.40.091, shall, if required by 13 the department, be licensed and supervised under AS 47.32 [AS 47.35]. 14 * Sec. 30. AS 47.40.110 is amended to read: 15 Sec. 47.40.110. Licensing and supervision. A person providing services 16 purchased by the Department of Health and Social Services under AS 47.40.100 - 17 47.40.120 shall, if required to be licensed under AS 47.32 [AS 47.35], be licensed and 18 supervised in the same manner as foster homes and maternity homes under AS 47.32 19 [AS 47.35]. 20 * Sec. 31. AS 47.62.090(2) is amended to read: 21 (2) "long term care facility" means an assisted living home as defined 22 in AS 47.32.900 [THAT IS REQUIRED TO BE LICENSED UNDER AS 47.33] and 23 a nursing facility [HOME] as defined in AS 47.32.900 [AS 08.70.180]; 24 * Sec. 32. AS 47.80.140 is repealed and reenacted to read: 25 Sec. 47.80.140. Licensing and certificates of need. (a) A person may not 26 establish or operate a residential facility until the facility has been licensed under 27 AS 47.32. 28 (b) A certificate of need is required as a prerequisite for the licensing of a 29 residential facility established after July 1, 1978, and not otherwise provided for in 30 AS 18.07.031 - 18.07.111. A certificate shall be issued and regulated in the same 31 manner as provided in AS 18.07.031 - 18.07.111 for certificates of need for health

01 care facilities. This subsection does not apply to an assisted living home licensed 02 under AS 47.32. 03 * Sec. 33. AS 14.43.148(h)(1)(B)(iii) is repealed. 04 * Sec. 34. AS 18.05.040(a)(10); AS 18.18.005, 18.18.010, 18.18.020, 18.18.030, 05 18.18.040, 18.18.100, 18.18.200, 18.18.300, 18.18.310, 18.18.320, 18.18.330, 18.18.340, 06 18.18.350, 18.18.390, 18.18.410, 18.18.420, 18.18.430, 18.18.440, 18.18.450, 18.18.460, 07 18.18.470, and 18.18.490 are repealed. 08 * Sec. 35. AS 18.20.010, 18.20.020, 18.20.030, 18.20.040, 18.20.050, 18.20.060, 09 18.20.070, 18.20.090, 18.20.110, 18.20.120 18.20.130(2), 18.20.230, 18.20.240, 18.20.250, 10 18.20.260, and 18.20.302 are repealed. 11 * Sec. 36. AS 44.62.330(15), 44.62.330(17), and 44.62.330(41) are repealed. 12 * Sec. 37. AS 47.33.100, 47.33.400, 47.33.410, 47.33.420, 47.33.430, 47.33.500, 13 47.33.510, 47.33.520, 47.33.530, 47.33.540, 47.33.550, 47.33.560, 47.33.570, 47.33.910, 14 47.33.920, 47.33.990(8), 47.33.990(11), and 47.33.990(14) are repealed. 15 * Sec. 38. AS 47.35.005, 47.35.010, 47.35.015, 47.35.017, 47.35.019, 47.35.021, 16 47.35.022, 47.35.023, 47.35.025, 47.35.027, 47.35.029, 47.35.033, 47.35.037, 47.35.039, 17 47.35.043, 47.35.045, 47.35.047, 47.35.048, 47.35.085, 47.35.105, 47.35.110, 47.35.120, 18 47.35.130, 47.35.132, 47.35.140, 47.35.800, 47.35.810, 47.35.820, and 47.35.900 are 19 repealed. 20 * Sec. 39. AS 47.37.270(2) and 47.37.270(3) are repealed. 21 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY; DEPARTMENT ACTION. (a) The changes made by this Act 24 apply to 25 (1) applications or requests submitted within the 90 days before, or submitted 26 on or after, the effective dates of secs. 1 and 17 of this Act for initial licensure, certification, 27 or other approval or selection as any of the following: 28 (A) an entity or individual service provider that is subject to 29 AS 47.05.300 - 47.05.390, enacted by sec. 17 of this Act, 30 (B) an entity listed in AS 47.32.010(b), enacted by sec. 1 of this Act, 31 that is not described in (A) of this paragraph;

01 (2) applications submitted within the 90 days before, or submitted on or after, 02 the effective date of secs. 1 - 31 and 33 - 39 of this Act for renewal of a license issued before 03 the effective date of secs. 1 - 31 and 33 - 39 of this Act under a statute repealed or amended 04 by this Act, and regarding a type of entity listed in AS 47.32.010(b), enacted by sec. 1 of this 05 Act; and 06 (3) applications or requests submitted within the 90 days before, or submitted 07 on or after, the effective dates of secs. 1 and 17 of this Act, for renewal of a license, 08 certification, or other approval or selection for an entity or individual service provider that is 09 subject to AS 47.05.300 - 47.05.390, enacted by sec. 17 of this Act, and that is not described 10 in (2) of this subsection. 11 (b) The Department of Health and Social Services may not make a final determination 12 regarding an application or request described in (a) of this section earlier than the effective 13 date of secs. 1 - 31 and 33 - 39 of this Act. 14 (c) In this section, 15 (1) "entity" includes an entity subject to AS 47.05.300 - 47.05.390, enacted by 16 sec. 17 of this Act, and an entity listed in AS 47.32.010(b), enacted by sec. 1 of this Act, that 17 is not subject to AS 47.05.300 - 47.05.390, enacted by sec. 17 of this Act; 18 (2) "individual service provider" has the meaning given in AS 47.05.390, 19 enacted by sec. 17 of this Act. 20 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: CURRENTLY LICENSED OR APPROVED FACILITIES. (a) 23 Notwithstanding AS 47.32.020, enacted by sec. 1 of this Act, a facility that is a type of entity 24 listed in AS 47.32.010(b), enacted by sec. 1 of this Act, and that on the effective date of secs. 25 1 - 31 and 33 - 39 of this Act is being operated under a valid license or under an approval 26 issued by the department under a statute repealed or amended by this Act, may continue to be 27 operated under that license or approval as provided in this section. 28 (b) Until renewal or expiration of a current license under (c) or (d) of this section, the 29 requirements and standards, including department oversight, monitoring, and enforcement 30 actions, regarding operation of a facility that is authorized to continuing operating under this 31 section are those that were in effect in statute or regulation on the day before the effective date

01 of secs. 1 - 31 and 33 - 39 of this Act. 02 (c) Unless the terms of the facility's current license provide for an earlier expiration 03 date, and unless an enforcement action taken by the department as provided in (b) of this 04 section affects the validity of the current license, the expiration date of the current license of a 05 facility described in (a) of this section is June 30, 2006. 06 (d) Application for license renewal must be made under AS 47.32.060, enacted by 07 sec. 1 of this Act, by the date required by that statute, for a facility described in (a) of this 08 section for which renewal of licensure is desired before expiration of the facility's current 09 license. For purposes of renewal of a license under this subsection and AS 47.32.060, enacted 10 by sec. 1 of this Act, the current license for the facility is considered to be a biennial license 11 under AS 47.32. 12 (e) In this section, 13 (1) "current license" means a license or approval described in (a) of this 14 section; 15 (2) "department" means the Department of Health and Social Services. 16 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITION: CERTAIN PENDING APPLICATIONS AND OTHER REQUESTS. 19 (a) An application for licensure or approval regarding a facility that is a type of entity listed 20 in AS 47.32.010(b), enacted by sec. 1 of this Act, that was submitted more than 90 days 21 before the effective date of secs. 1 - 31 and 33 - 39 of this Act under a statute repealed or 22 amended by this Act and that is pending department action on the effective date of secs. 1 - 31 23 and 33 - 39 of this Act shall continue to be processed, and either granted or denied, by the 24 department under the applicable statutes and regulations that were in effect on the day before 25 the effective date of secs. 1 - 31 and 33 - 39 of this Act. 26 (b) Until renewal or expiration of the license or approval under (c) or (d) of this 27 section, the requirements and standards, including department oversight, monitoring, and 28 enforcement actions, regarding operation of a facility licensed or approved as provided in (a) 29 of this section are those that were in effect in statute or regulation on the day before the 30 effective date of secs. 1 - 31 and 33 - 39 of this Act. 31 (c) Unless an enforcement action taken by the department as provided in (b) of this

01 section affects the validity of the license or approval, a license or approval issued by the 02 department on or after the effective date of secs. 1 - 31 and 33 - 39 of this Act under the 03 provisions of (a) of this section expires June 30, 2006. 04 (d) Application must be made under AS 47.32.060, enacted by sec. 1 of this Act, by 05 the date required by that statute, for a facility described in (a) of this section for which a 06 license or approval was issued under (a) of this section and for which renewal of a license is 07 desired, before expiration of the license or approval issued under (a) of this section. For 08 purposes of renewal of a license under this subsection and AS 47.32.060, enacted by sec. 1 of 09 this Act, the license or approval issued under (a) of this section regarding the facility is 10 considered to be a biennial license under AS 47.32. 11 (e) An application or other request for licensure, certification, or other approval or 12 selection as an entity or individual service provider that would be subject to AS 47.05.300 - 13 47.05.390, enacted by sec. 17 of this Act, that was submitted more than 90 days before the 14 effective date of sec. 17 of this Act and is pending department action on the effective date of 15 sec. 17 of this Act shall continue to be processed, and either granted or denied, by the 16 department under the applicable statutes and regulations that were in effect on the day before 17 the effective date of sec. 17 of this Act. In this subsection, 18 (1) "entity" means an entity that would be subject to AS 47.05.300 - 19 47.05.390, enacted by sec. 17 of this Act, other than one for which an application was 20 submitted as described in (a) of this section; 21 (2) "individual service provider" has the meaning given in AS 47.05.390, 22 enacted by sec. 17 of this Act. 23 (f) In this section, 24 (1) "department" means the Department of Health and Social Services; 25 (2) "license" includes a renewed license. 26 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 TRANSITION: REGULATIONS. The Department of Health and Social Services 29 may proceed to adopt regulations necessary to implement this Act. The regulations take 30 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 31 statutory changes.

01 * Sec. 44. Sections 40, 42, and 43 of this Act take effect immediately under 02 AS 01.10.070(c). 03 * Sec. 45. Section 32 of this Act takes effect July 1, 2006. 04 * Sec. 46. Except as provided in secs. 44 and 45 of this Act, this Act takes effect July 2, 05 2005.