Enrolled SB 125: 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 or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; relating to the personal needs allowance for assisted living home residents, and authorizing emergency regulations relating to the personal needs allowance; making conforming amendments; and providing for an effective date.
00Enrolled SB 125 01 Relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical 02 centers, assisted living homes, child care facilities, child placement agencies, foster homes, 03 free-standing birth centers, home health agencies, hospices or agencies providing hospice 04 services or operating hospice programs, hospitals, intermediate care facilities for the mentally 05 retarded, maternity homes, nursing facilities, residential child care facilities, residential 06 psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession 07 of a firearm at licensed entities and facilities; relating to criminal history requirements, and a 08 registry, regarding certain licenses, certifications, approvals, and authorizations by the 09 Department of Health and Social Services; relating to the personal needs allowance for 10 assisted living home residents, and authorizing emergency regulations relating to the personal
01 needs allowance; making conforming amendments; and providing for an effective date. 02 _______________ 03 * Section 1. AS 09.55.560(1) is amended to read: 04 (1) "health care provider" means an acupuncturist licensed under 05 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 06 chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 07 dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing 08 optician licensed under AS 08.71; a naturopath licensed under AS 08.45; an 09 optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 10 physical therapist or occupational therapist licensed under AS 08.84; a physician or 11 physician assistant licensed under AS 08.64; a podiatrist; a psychologist and a 12 psychological associate licensed under AS 08.86; a hospital as defined in 13 AS 47.32.900 [AS 18.20.130], including a governmentally owned or operated 14 hospital; an employee of a health care provider acting within the course and scope of 15 employment; an ambulatory surgical facility and other organizations whose primary 16 purpose is the delivery of health care, including a health maintenance organization, 17 individual practice association, integrated delivery system, preferred provider 18 organization or arrangement, and a physical hospital organization; 19 * Sec. 2. AS 09.65.095(b)(2) is amended to read: 20 (2) "hospital" means a hospital as defined in AS 47.32.900 21 [AS 18.20.130], including a governmentally owned or operated hospital. 22 * Sec. 3. AS 09.65.096(d)(2) is amended to read: 23 (2) "hospital" has the meaning given in AS 47.32.900 [AS 18.20.130] 24 and includes a governmentally owned or operated hospital; 25 * Sec. 4. AS 11.61.195(a) is amended to read: 26 (a) A person commits the crime of misconduct involving weapons in the 27 second degree if the person knowingly 28 (1) possesses a firearm during the commission of an offense under 29 AS 11.71.010 - 11.71.040; 30 (2) violates AS 11.61.200(a)(1) and is within the grounds of or on a
01 parking lot immediately adjacent to 02 (A) a public or private preschool, elementary, junior high, or 03 secondary school without the permission of the chief administrative officer of 04 the school or district or the designee of the chief administrative officer; or 05 (B) an entity [A CENTER], other than a private residence, 06 licensed as a child care facility under AS 47.32 [AS 47.33 OR AS 47.35] or 07 recognized by the federal government for the care of children; or 08 (3) discharges a firearm at or in the direction of 09 (A) a building with reckless disregard for a risk of physical 10 injury to a person; or 11 (B) a dwelling. 12 * Sec. 5. AS 11.61.220(a) is amended to read: 13 (a) A person commits the crime of misconduct involving weapons in the fifth 14 degree if the person 15 (1) is 21 years of age or older and knowingly possesses a deadly 16 weapon, other than an ordinary pocket knife or a defensive weapon, 17 (A) that is concealed on the person, and, when contacted by a 18 peace officer, the person fails to 19 (i) immediately inform the peace officer of that 20 possession; or 21 (ii) allow the peace officer to secure the deadly weapon, 22 or fails to secure the weapon at the direction of the peace officer, 23 during the duration of the contact; 24 (B) that is concealed on the person within the residence of 25 another person unless the person has first obtained the express permission of 26 an adult residing there to bring a concealed deadly weapon within the 27 residence; 28 (2) knowingly possesses a loaded firearm on the person in any place 29 where intoxicating liquor is sold for consumption on the premises; 30 (3) being an unemancipated minor under 16 years of age, possesses a 31 firearm without the consent of a parent or guardian of the minor;
01 (4) knowingly possesses a firearm 02 (A) within the grounds of or on a parking lot immediately 03 adjacent to an entity [A CENTER], other than a private residence, licensed as 04 a child care facility under AS 47.32 [AS 47.33 OR AS 47.35] or recognized 05 by the federal government for the care of children, except that a person 21 06 years of age or older may possess an unloaded firearm in the trunk of a 07 motor vehicle or encased in a closed container of a motor vehicle; 08 (B) within a 09 (i) courtroom or office of the Alaska Court System; or 10 (ii) courthouse that is occupied only by the Alaska 11 Court System and other justice-related agencies; or 12 (C) within a domestic violence or sexual assault shelter that 13 receives funding from the state; 14 (5) possesses or transports a switchblade or a gravity knife; or 15 (6) is less than 21 years of age and knowingly possesses a deadly 16 weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed 17 on the person. 18 * Sec. 6. AS 18.07.031(b) is amended to read: 19 (b) Notwithstanding the expenditure threshold in (a) of this section, a person 20 may not convert a building or part of a building to a nursing home that requires 21 licensure as a nursing facility under AS 47.32 [AS 18.20.020] unless authorized 22 under the terms of a certificate of need issued by the department. 23 * Sec. 7. AS 18.20.130 is amended to read: 24 Sec. 18.20.130. Definitions. In AS 18.20.075 - 18.20.130 [AS 18.20.010 - 25 18.20.130], 26 (1) "department" means the Department of Health and Social Services; 27 (2) "governmental unit" means the state, a municipality, or other 28 political subdivision, or a department, division, board, or other agency of any of them; 29 (3) "hospital" means an institution or establishment, public or private, 30 devoted primarily to providing diagnosis, treatment, or care over a continuous period 31 of 24 hours each day for two or more nonrelated individuals suffering from illness,
01 physical or mental disease, injury or deformity, or any other condition for which 02 medical or surgical services would be appropriate. 03 * Sec. 8. AS 18.20.310(a) is amended to read: 04 (a) If the department finds that a nursing facility, or a partner, officer, director, 05 owner of five percent or more of the nursing facility's assets, or managing employee of 06 the nursing facility substantially failed or refused to comply with AS 08.68.340 - 07 08.68.390, AS 08.70, AS 18.20.075 - 18.20.085 [AS 18.20.010 - 18.20.130], 08 AS 47.07, or with a regulation adopted under any of those statutes, or, for a nursing 09 facility that provides Medicaid services under AS 47.07, failed or refused to comply 10 with the Medicaid requirements of 42 U.S.C. 1396r (Title XIX of the Social Security 11 Act, as amended) or a regulation adopted under that statute, the department may take 12 the following actions: 13 (1) ban the admission of new residents to the nursing facility; 14 (2) as provided in AS 18.20.320, deny payment under AS 47.07 and 15 AS 47.25.120 - 47.25.300 for any Medicaid or general relief-medical resident admitted 16 to the nursing facility after notice by the department of denial of payment; residents 17 who are eligible for Medicaid or general relief-medical are not responsible for 18 payment when the department takes action under this paragraph; 19 (3) assess a civil fine in accordance with AS 18.20.340; 20 (4) suspend or terminate the nursing facility's participation in the 21 Medicaid program; 22 (5) suspend, revoke, or refuse to renew the nursing facility's license 23 issued under this chapter; 24 (6) seek an appointment of temporary administration as provided in 25 AS 18.20.360 or of a receiver under AS 18.20.370; 26 (7) in case of an emergency, seek an order from the court either to 27 close the nursing facility or to transfer residents from that facility, or both. 28 * Sec. 9. AS 18.23.070(3) is amended to read: 29 (3) "health care provider" means an acupuncturist licensed under 30 AS 08.06; a chiropractor licensed under AS 08.20; a dental hygienist licensed under 31 AS 08.32; a dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a
01 dispensing optician licensed under AS 08.71; an optometrist licensed under AS 08.72; 02 a pharmacist licensed under AS 08.80; a physical therapist or occupational therapist 03 licensed under AS 08.84; a physician licensed under AS 08.64; a podiatrist; a 04 psychologist and a psychological associate licensed under AS 08.86; a hospital as 05 defined in AS 47.32.900 [AS 18.20.130], including a governmentally owned or 06 operated hospital; and an employee of a health care provider acting within the course 07 and scope of employment; 08 * Sec. 10. AS 18.26.220 is amended to read: 09 Sec. 18.26.220. Facility compliance with health and safety laws and 10 licensing requirements. A medical facility constructed, acquired, improved, 11 financed, or otherwise under the provisions of this chapter and all actions of the 12 authority are subject to AS 18.07, AS 47.32 [AS 18.20], and any other present or 13 future state licensing requirements for the facilities or services provided under this 14 chapter. A medical facility issued a certificate of need under sec. 4, ch. 275, SLA 15 1976, by virtue of being in existence or under construction before July 1, 1976, must 16 fully meet the requirements of AS 18.07 in order to be eligible for funding under this 17 chapter. 18 * Sec. 11. AS 18.50.950(4) is amended to read: 19 (4) "child adoption agency" means a child adoption agency licensed as 20 a child placement agency under AS 47.32 or former AS 47.35; 21 * Sec. 12. AS 21.86.030(c) is amended to read: 22 (c) Nothing in this section relieves a health maintenance organization that 23 wishes to exercise the power described in (a)(1) of this section from the requirements 24 of 25 (1) AS 18.07, regarding obtaining a certificate of need; 26 (2) AS 47.32 [AS 18.20], regarding regulation of hospitals; and 27 (3) other statutes applicable to hospitals or other health care facilities. 28 * Sec. 13. AS 25.23.185(c) is amended to read: 29 (c) A child adoption agency licensed under former AS 47.35 and a child 30 placement agency licensed under AS 47.32 shall maintain records of the information 31 required to be furnished to the court under this section or under regulations of the
01 commissioner implementing this section. If a child adoption agency or child 02 placement agency ceases to place persons for adoption, it shall transfer its records to 03 the commissioner. 04 * Sec. 14. AS 37.05.146(c)(67) is amended to read: 05 (67) fees received by the Department of Health and Social Services 06 under AS 47.32 [AS 47.33.910 FOR LICENSING ASSISTED LIVING HOMES]; 07 * Sec. 15. AS 44.62.330(a) is amended by adding a new paragraph to read: 08 (45) Department of Health and Social Services relating to the 09 centralized registry under AS 47.05.330 - 47.05.390. 10 * Sec. 16. AS 44.64.030(a) is amended by adding a new paragraph to read: 11 (36) AS 47.32 (licensing by the Department of Health and Social 12 Services). 13 * Sec. 17. AS 47.05.010 is amended to read: 14 Sec. 47.05.010. Duties of department. The Department of Health and Social 15 Services shall 16 (1) administer adult public assistance, the Alaska temporary assistance 17 program, and all other assistance programs, and receive and spend money made 18 available to it; 19 (2) adopt regulations necessary for the conduct of its business and for 20 carrying out federal and state laws granting adult public assistance, temporary cash 21 assistance, diversion payments, or self-sufficiency services for needy families under 22 the Alaska temporary assistance program, and other assistance; 23 (3) establish minimum standards for personnel employed by the 24 department and adopt necessary regulations to maintain those standards; 25 (4) require those bonds and undertakings from persons employed by it 26 which in its judgment are necessary, and pay the premiums on them; 27 (5) cooperate with the federal government in matters of mutual 28 concern pertaining to adult public assistance, the Alaska temporary assistance 29 program, and other forms of public assistance; 30 (6) make the reports, in the form and containing the information, that 31 the federal government from time to time requires;
01 (7) cooperate with the federal government, its agencies or 02 instrumentalities in establishing, extending, and strengthening services for the 03 protection and care of homeless, dependent, and neglected children in danger of 04 becoming delinquent, and receive and expend funds available to the department by the 05 federal government, the state or its political subdivisions for that purpose; 06 (8) cooperate with the federal government in adopting state plans to 07 make the state eligible for federal matching in appropriate categories of assistance, and 08 in all matters of mutual concern, including adoption of the methods of administration 09 that are found by the federal government to be necessary for the efficient operation of 10 welfare programs; 11 (9) adopt regulations, not inconsistent with law, defining need, 12 prescribing the conditions of eligibility for assistance, and establishing standards for 13 determining the amount of assistance that an eligible person is entitled to receive; the 14 amount of the assistance is sufficient when, added to all other income and resources 15 available to an individual, it provides the individual with a reasonable subsistence 16 compatible with health and well-being; an individual who meets the requirements for 17 eligibility for assistance shall be granted the assistance promptly upon application for 18 it; 19 (10) grant to a person claiming or receiving assistance and who is 20 aggrieved because of the department's action or failure to act, reasonable notice and an 21 opportunity for a fair hearing by the department, and the department shall adopt 22 regulations relative to this; 23 (11) enter into reciprocal agreements with other states relative to 24 public assistance, welfare services, and institutional care that are considered advisable; 25 (12) establish the requirements of residence for public assistance, 26 welfare services, and institutional care that are considered advisable, subject to the 27 limitations of other laws of the state, or law or regulation imposed as conditions for 28 federal financial participation; 29 (13) establish the divisions and local offices that are considered 30 necessary or expedient to carry out a duty or authority assigned to it and appoint and 31 employ the assistants and personnel that are necessary to carry on the work of the
01 divisions and offices, and fix the compensation of the assistants or employees except 02 that a person engaged in business as a retail vendor of general merchandise, or a 03 member of the immediate family of a person who is so engaged, may not serve as an 04 acting, temporary or permanent local agent of the department, unless the 05 commissioner of health and social services certifies in writing to the governor, with 06 relation to a particular community, that no other qualified person is available in the 07 community to serve as local welfare agent; for the purposes of this paragraph, a 08 "member of the immediate family" includes a spouse, child, parent, brother, sister, 09 parent-in-law, brother-in-law or sister-in-law; 10 (14) provide education and health-related services and referrals 11 designed to reduce the number of out-of-wedlock pregnancies and the number of 12 induced pregnancy terminations in the state; 13 (15) investigate reports of abuse, neglect, or misappropriation of 14 property by certified nurse aides in facilities licensed by the department under 15 AS 47.32 [AS 18.20]. 16 * Sec. 18. AS 47.05.055(a) is amended to read: 17 (a) If the department has reason to believe that a certified nurse aide employed 18 in a facility licensed by the department under AS 47.32 as a hospital or nursing 19 home [AS 18.20] has committed abuse, neglect, or misappropriation of property in 20 connection with the person's duties as a certified nurse aide at the facility, the 21 department shall investigate the matter. The department shall conduct proceedings to 22 determine whether [IF] a finding of abuse, neglect, or misappropriation of property 23 should be made. These proceedings shall be conducted under AS 44.62.330 - 24 44.62.630. A finding under this subsection that a certified nurse aide has committed 25 abuse, neglect, or misappropriation of property shall be reported by the department to 26 the Board of Nursing. 27 * Sec. 19. AS 47.05 is amended by adding new sections to read: 28 Article 3. Criminal History; Registry. 29 Sec. 47.05.300. Applicability. (a) The provisions of AS 47.05.310 - 30 47.05.390 apply to any individual or entity that is required by statute or regulation to 31 be licensed or certified by the department or that is eligible to receive payments, in
01 whole or in part, from the department to provide for the health, safety, and welfare of 02 persons who are served by the programs administered by the department. 03 (b) Those individual service providers subject to AS 47.05.310 - 47.05.390 04 under (a) of this section include 05 (1) public home care providers described in AS 47.05.017; 06 (2) providers of home and community-based waiver services financed 07 under AS 47.07.030(c); and 08 (3) case managers to coordinate community mental health services 09 under AS 47.30.530. 10 Sec. 47.05.310. Criminal history; criminal history check; compliance. (a) 11 If an individual has been charged with, convicted of, found not guilty by reason of 12 insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the 13 standards for licensure or certification established by the department by regulation, 14 that individual may not own an entity, or be an officer, director, partner, member, or 15 principal of the business organization that owns an entity. In addition, an entity may 16 not 17 (1) allow that individual to operate the entity; 18 (2) hire or retain that individual at the entity as an employee, 19 independent contractor, or unsupervised volunteer of the entity; 20 (3) allow that individual to reside in the entity if not a recipient of 21 services; or 22 (4) allow that individual to be present in the entity if the individual 23 would have regular contact with individuals who receive services from the entity, 24 unless that individual is a family member of or visitor of an individual who receives 25 services from the entity. 26 (b) The department may not issue or renew a license or a certification for an 27 entity that is in violation of (a) of this section or that would be in violation based on 28 the information received as part of the application process. 29 (c) The department may not issue or renew a license or certification for an 30 entity if an individual is applying for a license, license renewal, certification, or 31 certification renewal for the entity and that
01 (1) individual has been found by a court or agency of this or another 02 jurisdiction to have neglected, abused, or exploited a child or vulnerable adult under 03 AS 47.10, AS 47.24, or AS 47.62 or a substantially similar provision in another 04 jurisdiction, or to have committed medical assistance fraud under AS 47.05.210 or a 05 substantially similar provision in another jurisdiction; or 06 (2) individual's name appears on the centralized registry established 07 under AS 47.05.330 or a similar registry of this state or another jurisdiction. 08 (d) An entity shall provide to the department a release of information 09 authorization for a criminal history check for an individual who is not a recipient of 10 services from the entity and, after the entity has been issued a license, license renewal, 11 certification, or certification renewal by the department, 12 (1) who intends to become an owner of the entity, or an officer, 13 director, partner, member, or principal of the business organization that owns the 14 entity; 15 (2) whom the entity intends to hire or retain as the operator of the 16 entity's business; 17 (3) whom the entity intends to hire or retain as an employee, 18 independent contractor, or unsupervised volunteer of the entity; or 19 (4) who will be present in the entity or at the places of operation of 20 entity, and would have regular contact with individuals who receive services from the 21 entity, but who is not a family member or visitor of an individual who receives 22 services from the entity. 23 (e) An individual for whom a release of information authorization has been 24 provided to the department shall submit the individual's fingerprints to the department, 25 with the fee established under AS 12.62.160, for a report of criminal justice 26 information under AS 12.62 and for submission by the Department of Public Safety to 27 the Federal Bureau of Investigation for a national criminal history record check. The 28 Department of Public Safety shall provide the report of criminal justice information 29 and the results of the national criminal history record check to the department for its 30 use in considering an application for a license, license renewal, certification, or 31 certification renewal, or in considering other approval or selection regarding an entity,
01 for compliance with the standards established in this section. For purposes of 02 obtaining access to criminal justice information maintained by the Department of 03 Public Safety under AS 12.62, the department is a criminal justice agency conducting 04 a criminal justice activity. The department may waive the requirement for fingerprint 05 submission if an individual is unable to provide fingerprints due to a medical or 06 physical condition that is documented by a licensed physician. 07 (f) The provisions of this section do not apply if the department grants an 08 exception from a requirement of (a) - (e) of this section under a regulation adopted by 09 the department. 10 (g) The department shall adopt regulations listing those criminal offenses that 11 are inconsistent with the standards for licensure or certification by the department. 12 (h) An individual service provider is subject to the provisions of (a) - (g) of 13 this section as if the individual service provider were an entity subject to those 14 provisions. 15 (i) For purposes of (b) and (c) of this section, in place of nonissuance or 16 nonrenewal of a license or certification, an entity or individual service provider that is 17 not required to be licensed or certified by the department or a person wishing to 18 become an entity or individual service provider that is not required to be licensed or 19 certified by the department is instead ineligible to receive a payment, in whole or in 20 part, from the department to provide for the health, safety, and welfare of persons who 21 are served by the programs administered by the department if the entity, individual 22 service provider, or person 23 (1) is in violation of (a) of this section or would be in violation based 24 on information received by the department as part of an application, approval, or 25 selection process; 26 (2) has been found by a court or agency of this or another jurisdiction 27 to have neglected, abused, or exploited a child or vulnerable adult under AS 47.10, 28 AS 47.24, or AS 47.62 or a substantially similar provision in another jurisdiction, or to 29 have committed medical assistance fraud under AS 47.05.210 or a substantially 30 similar provision in another jurisdiction; or 31 (3) appears on the centralized registry established under AS 47.05.330
01 or a similar registry of this state or another jurisdiction. 02 Sec. 47.05.320. Criminal history use standards. The department shall by 03 regulation establish standards for the consideration and use by the department, an 04 entity, or an individual service provider of the criminal history of an individual 05 obtained under AS 47.05.310. 06 Sec. 47.05.330. Centralized registry. (a) The department shall by regulation 07 provide for a centralized registry to facilitate the licensing or certification of entities 08 and individual service providers, the authorization of payments to entities or 09 individual service providers by the department, and the employment of individuals by 10 entities and individual service providers. 11 (b) Except for the name of each victim being redacted before the information 12 is placed on the registry, the registry shall consist of the following information for an 13 entity or individual service provider, an applicant on behalf of an entity or individual 14 service provider, or an employee or unsupervised volunteer of an entity or individual 15 service provider: 16 (1) decisions, orders, judgments, and adjudications finding that the 17 applicant, employee, or unsupervised volunteer committed 18 (A) abuse, neglect, or exploitation under AS 47.10, AS 47.24, 19 AS 47.62, or a substantially similar provision in another jurisdiction; or 20 (B) medical assistance fraud under AS 47.05.210 or a 21 substantially similar provision in another jurisdiction; 22 (2) orders under a state statute or a substantially similar provision in 23 another jurisdiction that a license or certification of the entity or individual service 24 provider to provide services related to the health, safety, and welfare of persons was 25 denied, suspended, revoked, or conditioned. 26 (c) As a condition for applying for licensure or certification of an entity or 27 individual service provider, or for payment to an entity or individual service provider 28 by the department, an applicant must agree to submit timely to the registry the 29 information required under this section relating to the entity, any individual, the 30 applicant, employees, and unsupervised volunteers of the entity or individual service 31 provider.
01 (d) Within 24 hours of a court decision, order, judgment, or adjudication that 02 an entity, individual service provider, or employee or unsupervised volunteer of an 03 entity or individual service provider committed an act listed under (b) of this section, 04 the entity, individual service provider, or employee or unsupervised volunteer of an 05 entity or individual service provider shall report the court action to the department. 06 (e) Within 24 hours of receiving notice of an allegation that an employee, 07 unsupervised volunteer, or former employee or unsupervised volunteer of an entity or 08 individual service provider committed an act listed under (b) of this section within the 09 past 10 years, the entity or individual service provider shall report the allegation to the 10 department. 11 (f) The department shall prescribe by regulation the form or format by which 12 an applicant shall submit required information to the registry. 13 (g) Notwithstanding any contrary provision of law, the department may also 14 submit information described in this section to the registry. An entity or individual 15 that is exempt from department licensure or certification and that does not receive 16 money from the department for its services may voluntarily submit information 17 described in this section to the department for placement in the registry. 18 (h) Information contained in the registry is confidential and is not subject to 19 public inspection and copying under AS 40.25.110 - 40.25.125. However, information 20 contained in the registry may be released to entities, individual service providers, and 21 governmental agencies authorized and in a manner provided under this section and 22 regulations adopted under this section. 23 (i) A person is presumed to be acting in good faith and is immune from civil 24 and criminal liability if the person 25 (1) makes a report of medical assistance fraud, abuse, neglect, or 26 exploitation; 27 (2) submits information to the registry; or 28 (3) fails to hire or retain an employee or unsupervised volunteer 29 because the employee or unsupervised volunteer is included in the registry. 30 (j) A person about whom information is placed in the registry shall be notified 31 of the placement by the department and may request the department to delete or
01 modify the information to correct inaccuracies. The department shall investigate the 02 request and make necessary deletions or modifications if the department finds no 03 relationship between the information placed in the registry and the risk of harm to the 04 entity's clientele. 05 Sec. 47.05.340. Regulations. The department shall adopt regulations to 06 implement AS 47.05.300 - 47.05.390. 07 Sec. 47.05.350. Use of information; immunity. An entity or individual 08 service provider that obtains information about an employee under a criminal history 09 check under AS 47.05.310 may use that information only as provided for in 10 regulations adopted by the department under AS 47.05.320. However, if an entity or 11 individual service provider reasonably relies on the information provided under the 12 regulations adopted by the department to deny employment to an individual who was 13 selected for hire as an employee, including during a period of provisional 14 employment, the entity or individual service provider is not liable in an action brought 15 by the individual based on the employment determination resulting from the 16 information. 17 Sec. 47.05.390. Definitions. In AS 47.05.300 - 47.05.390, unless the context 18 otherwise requires, 19 (1) "criminal history records" has the meaning given in AS 12.64.010; 20 (2) "criminal justice activity" has the meaning given in AS 12.62.900; 21 (3) "criminal justice agency" has the meaning given in AS 12.62.900; 22 (4) "criminal justice information" has the meaning given in 23 AS 12.62.900; 24 (5) "department" means the Department of Health and Social Services; 25 (6) "entity" means an entity listed in AS 47.32.010(b) and includes an 26 owner, officer, director, member, or partner of the entity; 27 (7) "individual service provider" means an individual described in 28 AS 47.05.300(a), and includes those listed in AS 47.05.300(b); 29 (8) "license" includes a provisional license; 30 (9) "unsupervised" means that an individual who is licensed under 31 AS 47.32, after submitting a criminal history background check, is not physically
01 present to observe the volunteer at the entity. 02 * Sec. 20. AS 47.10.141(b) is amended to read: 03 (b) A peace officer shall take into protective custody a minor described in (a) 04 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) of 05 this section applies, when a peace officer takes a minor into protective custody under 06 this subsection, 07 (1) the peace officer shall 08 (A) return the minor to the minor's parent or guardian at the 09 parent's or guardian's residence if the residence is in the same community 10 where the minor was found and if the minor's parent or guardian consents to 11 the return, except that the officer may not use this option if the officer has 12 reasonable cause to believe that the minor has experienced physical or sexual 13 abuse in the parent's or guardian's household; 14 (B) take the minor to a nearby location agreed to by the minor's 15 parent or guardian if the parent or guardian does not consent to return of the 16 minor under (A) of this paragraph and the officer does not have reasonable 17 cause to believe that the minor has experienced physical or sexual abuse in the 18 parent's or guardian's household; or 19 (C) if disposition of the minor is not made under (A) or (B) of 20 this paragraph, take the minor to 21 (i) an office specified by the Department of Health and 22 Social Services; 23 (ii) a program for runaway minors licensed by the 24 department under AS 47.10.310; 25 (iii) a shelter for runaways that has a permit from the 26 department under AS 47.32 [AS 47.35.085] that agrees to shelter the 27 minor; 28 (iv) a facility or contract agency of the department; or 29 (v) another suitable location and promptly notify the 30 department if an office specified by the department, a licensed program 31 for runaway minors, a shelter for runaways that will accept the minor,
01 or a facility or contract agency of the department does not exist in the 02 community; 03 (2) if the peace officer plans to take the minor to an office, program, 04 shelter, or facility under (1)(C) of this subsection, the peace officer shall give the 05 highest priority to taking the minor to an office, program, shelter, or facility that is 06 semi-secure; 07 (3) a minor under protective custody may not be housed in a jail or 08 other detention facility but may be housed in a semi-secure portion of an office, 09 program, shelter, or other facility under (1) (C) of this subsection; 10 (4) the peace officer, immediately upon taking a minor into protective 11 custody, shall 12 (A) advise the minor of available mediation services and of the 13 right to social services under AS 47.10.142(b); and 14 (B) if the identity of the minor's parent or guardian is known, 15 advise the minor's parent or guardian that the minor has been taken into 16 protective custody and that counseling services for the minor's parent or 17 guardian and the minor's household may be available under AS 47.10.142(b). 18 * Sec. 21. AS 47.10.392 is amended to read: 19 Sec. 47.10.392. Certificate required. A private residence may not be held 20 out publicly as a shelter for runaway minors unless the residence 21 (1) is designated a shelter for runaways by a corporation that is 22 licensed to make the designation under AS 47.32 [AS 47.35.085]; and 23 (2) has a valid permit from the department signifying that designation. 24 * Sec. 22. AS 47.10.399(2) is amended to read: 25 (2) "shelter for runaways" or "shelter for runaway minors" means a 26 private residence whose legal occupant agrees to shelter, with or without 27 compensation, a runaway minor accepted into the residence by the legal occupant and 28 that 29 (A) is not simultaneously licensed under AS 47.10.310 as a 30 program for runaway minors; 31 (B) has been designated a shelter for runaways by a corporation
01 licensed for that purpose under AS 47.32 [AS 47.35.085]; and 02 (C) has a permit issued by the department under AS 47.32 03 [AS 47.35.085]. 04 * Sec. 23. AS 47.10.990(10) is amended to read: 05 (10) "foster care" means care provided by a person or household under 06 a foster home license required under AS 47.32 [AS 47.35.015]; 07 * Sec. 24. AS 47.10.990(24) is amended to read: 08 (24) "secure residential psychiatric treatment center" has the meaning 09 given "residential psychiatric treatment center" in AS 47.32.900 [AS 47.35.900]. 10 * Sec. 25. AS 47.12.990(14) is amended to read: 11 (14) "secure residential psychiatric treatment center" has the meaning 12 given "residential psychiatric treatment center" in AS 47.32.900; [AS 47.35.900.] 13 * Sec. 26. AS 47.24.013(a) is amended to read: 14 (a) If a report received under AS 47.24.010 regards the abandonment, 15 exploitation, abuse, neglect, or self-neglect of a vulnerable adult who is 60 years of 16 age or older that is alleged to have been committed by or to have resulted from the 17 negligence of the staff or a volunteer of an out-of-home care facility, including a 18 facility licensed under AS 47.32 [AS 18.20], in which the vulnerable adult resides, the 19 department shall transfer the report for investigation to the long term care ombudsman 20 under AS 47.62.015. 21 * Sec. 27. AS 47.24.017(d) is amended to read: 22 (d) If the protective services under this section include the placement of a 23 vulnerable adult in an assisted living home at the state's expense, the minimum daily 24 reimbursement rate to the assisted living home for the vulnerable adult is $70. The 25 department may, under its regulations, provide for a daily rate higher than $70 if the 26 additional care provided to the vulnerable adult in the assisted living home justifies the 27 additional reimbursement. In this subsection, "assisted living home" means an 28 assisted living home licensed under AS 47.32 [AS 47.33]. 29 * Sec. 28. AS 47.25.071(b) is amended to read: 30 (b) To qualify for a grant under (a) or (d) of this section, the child care facility 31 must
01 (1) be currently licensed under AS 47.32 [AS 47.35] and applicable 02 municipal licensing requirements; 03 (2) participate in the day care assistance program under AS 47.25.001 - 04 47.25.095; and 05 (3) provide care under a payment system as provided in (g) of this 06 section. 07 * Sec. 29. AS 47.25.095(2) is amended to read: 08 (2) "child care facility" means an establishment licensed as a child 09 care facility under AS 47.32 [AS 47.35], including day care centers, family day care 10 homes, and schools for preschool age children, that provides care for children not 11 related by blood, marriage, or legal adoption to the owner, operator, or manager of the 12 facility; 13 * Sec. 30. AS 47.25.095(4) is amended to read: 14 (4) "day care facility" means a center or home licensed in accordance 15 with the provisions of AS 47.32 as a child care facility [AS 47.35] or recognized by 16 the federal government for the care of children; 17 * Sec. 31. AS 47.25.195(f)(1) is amended to read: 18 (1) "assisted living home" means an assisted living home licensed 19 under AS 47.32 [AS 47.33]; 20 * Sec. 32. AS 47.30.915(5) is amended to read: 21 (5) "evaluation facility" means a health care facility that has been 22 designated or is operated by the department to perform the evaluations described in 23 AS 47.30.660 - 47.30.915, or a medical facility licensed under AS 47.32 24 [AS 18.20.020] or operated by the federal government; 25 * Sec. 33. AS 47.31.100(4) is amended to read: 26 (4) "evaluation facility" means a health care facility that has been 27 designated by the department to perform the evaluations described in AS 47.30.670 - 28 47.30.915, including a facility licensed under AS 47.32 [AS 18.20.020] or operated by 29 the federal government; 30 * Sec. 34. AS 47 is amended by adding a new chapter to read: 31 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 17 hospice programs; 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 (16) runaway shelters. 26 Sec. 47.32.020. Requirement to obtain a license. (a) An entity may not 27 operate a facility described in AS 47.32.010(b) without first obtaining a license under 28 this chapter unless the entity is exempt under regulations adopted under AS 47.32.030. 29 (b) If an entity encompasses more than one type of activity listed in 30 AS 47.32.010(b), the entity shall apply for and receive a separate license under this 31 chapter before operating that type of activity unless exempt under regulations adopted
01 under AS 47.32.030. 02 Sec. 47.32.030. Powers of the department; delegation to municipality. (a) 03 The department may 04 (1) administer and enforce the provisions of this chapter; 05 (2) coordinate and develop policies, programs, and planning related to 06 licensure and operation of entities listed in AS 47.32.010(b) as defined by regulation; 07 (3) adopt regulations necessary to carry out the purposes of this 08 chapter, including regulations that 09 (A) establish fees for licensing of each type of entity listed in 10 AS 47.32.010(b); 11 (B) impose requirements for licensure, including standards for 12 license renewal, that are in addition to the requirements of this chapter or of 13 any other applicable state or federal statute or regulation; 14 (C) impose requirements and standards on licensed entities that 15 are in addition to those imposed by this chapter or by any other applicable state 16 or federal statute or regulation, including 17 (i) requirements and standards necessary for an entity or 18 the state to receive money from the department from any source, 19 including federal money; 20 (ii) record-keeping requirements; 21 (iii) reporting requirements; and 22 (iv) requirements and standards regarding health, safety, 23 and sanitation; 24 (D) provide for waivers, variances, and exemptions from the 25 requirements of this chapter, including the requirement to obtain a license, if 26 the department finds it necessary for the efficient administration of this 27 chapter; and 28 (E) establish requirements for the operation of entities licensed 29 under this chapter; 30 (4) investigate 31 (A) entities described in AS 47.32.010(b);
01 (B) applicants for licensure, including individuals named in an 02 application; and 03 (C) other persons that the department has reason to believe are 04 operating an entity required to be licensed under this chapter, or are residing or 05 working in an entity for which licensure has been sought under this chapter; 06 this subparagraph does not apply to persons receiving services from an entity 07 for which licensure has been sought under this chapter; 08 (5) inspect and monitor licensed entities for compliance with this 09 chapter, regulations adopted under this chapter, and any other applicable statutes or 10 regulations; 11 (6) enter into contracts and agreements necessary to carry out the 12 functions, powers, and duties of the department under this chapter; 13 (7) enter into agreements with private entities, municipalities, and 14 individuals to investigate and make recommendations to the department regarding the 15 licensure and monitoring of entities under this chapter; 16 (8) require an individual who is or will be operating an entity to 17 complete training related to the operation of the entity; 18 (9) waive the application requirements for an entity seeking licensure 19 if the entity submits documentation verifying that it 20 (A) has a license issued by an organization or other agency that 21 has licensing authority under state or federal law if the standards for that 22 licensure are approved by the department under this chapter or regulations 23 adopted under this chapter; 24 (B) has accreditation from a nationally recognized organization 25 if the standards for that accreditation are equal to or more stringent than the 26 standards for licensure under this chapter or regulations adopted under this 27 chapter; or 28 (C) is an entity that federal law does not require to be licensed. 29 (b) The department shall delegate the department's authority to regulate child 30 care facilities to a municipality that has adopted an ordinance providing for child care 31 licensing under home rule powers under AS 29.10.010 or as authorized under
01 AS 29.35.200 - 29.35.210. The department shall make the delegation described in this 02 subsection within 90 days after receiving a written request from the municipality to 03 delegate the authority. A municipality receiving a delegation under this subsection 04 may adopt additional requirements for child care facilities operating within the 05 boundaries of the municipality if the requirements meet or exceed the requirements 06 under state law. 07 (c) The issuance of a license by the department does not obligate the 08 department to place or maintain an individual in an entity or through an entity, or to 09 provide financial support to an entity. 10 Sec. 47.32.040. Application for license. A person shall apply to the 11 department for a license under this chapter. The application must be made to the 12 department on a form provided by the department or in a format approved by the 13 department, and must be accompanied by 14 (1) any fee established by regulation; and 15 (2) documents and information required by regulation. 16 Sec. 47.32.050. Provisional license; biennial license. (a) The department 17 may issue a provisional license to an entity for which application is made under 18 AS 47.32.040 if, after inspection and investigation, the department determines that the 19 application and the entity meet the requirements of this chapter, regulations adopted 20 under this chapter, and any other applicable statutes or regulations. A provisional 21 license is valid for a period not to exceed one year, except that the department may 22 extend a provisional license for one additional period not to exceed one year. 23 (b) Before expiration of a provisional license issued under (a) of this section, 24 the department shall inspect and investigate the entity to determine whether the entity 25 is operating in compliance with this chapter, regulations adopted under this chapter, 26 and any other applicable statutes or regulations. After inspection and investigation 27 under this subsection and before expiration of a provisional license, the department 28 shall issue a biennial license for the entity if the department finds that 29 (1) the entity meets the requirements for biennial licensure established 30 in this chapter, regulations adopted under this chapter, and other applicable statutes 31 and regulations;
01 (2) a ground for nonrenewal of a license does not exist; and 02 (3) any applicable fee has been paid. 03 (c) The department may place one or more conditions on a provisional or 04 biennial license issued under this section in order to further the purposes of this 05 chapter. 06 Sec. 47.32.060. License renewal. (a) At least 90 days before expiration of a 07 biennial license, a licensed entity that intends to remain licensed shall submit an 08 application for renewal of the license on a form provided by the department or in a 09 format approved by the department, accompanied by 10 (1) all documents and information identified in regulation as being 11 required for renewal of the license; and 12 (2) any fee established by regulation. 13 (b) Before expiration of a biennial license, the department or its representative 14 may inspect an entity that is the subject of a renewal application to determine whether 15 the entity is operating in compliance with this chapter, regulations adopted under this 16 chapter, and other applicable statutes or regulations. After any inspection and 17 investigation under this subsection and before expiration of the biennial license, the 18 department shall renew a biennial license if the department finds that 19 (1) the licensed entity meets the requirements for renewal; 20 (2) a ground for nonrenewal of a license does not exist; and 21 (3) any applicable fee has been paid. 22 (c) If an application for renewal of a license is submitted but the department is 23 unable to complete its review of the application before the expiration of the biennial 24 license, the license is automatically extended for six months or until the department 25 completes its review and either approves or denies the application, whichever occurs 26 earlier. 27 (d) The department may place one or more conditions on a renewed license 28 issued under this section to further the purposes of this section. 29 (e) The department shall adopt regulations establishing the grounds for 30 nonrenewal of a license for purposes of AS 47.32.050 and this section. 31 Sec. 47.32.070. Denial of or conditions on license. (a) If the department
01 denies an application for or places conditions on a provisional or biennial license or 02 license renewal, the department shall provide the applicant or entity with a notice of 03 the action by certified mail. The notice must contain a written statement of the reason 04 for the action and information about requesting a hearing under (b) of this section. 05 (b) An applicant or entity that receives a notice of action under (a) of this 06 section may appeal the department's decision by requesting a hearing within 15 days 07 after receipt of the notice. The appeal must be on a form provided by the department 08 or in a format approved by the department. 09 Sec. 47.32.080. Posting of license; license not transferable. (a) A license 10 issued under this chapter shall be posted in a conspicuous place on the licensed 11 premises. Any notice of a variance issued by the department shall be posted near the 12 license. 13 (b) A license issued under this chapter is not transferable unless authorized by 14 the department. 15 Sec. 47.32.090. Complaints and investigation. (a) A person who believes 16 that an entity has violated an applicable statute or regulation or a condition of a license 17 issued under this chapter may file a verbal or written complaint with the department. 18 (b) The department may investigate a complaint filed under this section. The 19 department may decline to investigate a complaint if the department reasonably 20 concludes and documents that the complaint is without merit based on information 21 available to the department at the time of the complaint. The department may 22 consolidate complaints if the department concludes that a single investigation would 23 further the efficient administration of this chapter. 24 (c) A licensed entity may not take retaliatory action against a person who files 25 a complaint. Except as provided in AS 47.05.350 and AS 47.32.160, a complainant 26 against whom a retaliatory action has been taken may recover treble damages in a civil 27 action upon a showing that the action was taken in retaliation for the filing of a 28 complaint. 29 Sec. 47.32.100. Cooperation with investigation. An entity shall cooperate 30 with an investigation initiated by the department. An investigated entity shall 31 (1) permit representatives of the department to inspect the entity;
01 review records, including files of individuals who received services from the entity; 02 interview staff; and interview individuals receiving services from the entity; and 03 (2) upon request, provide the department with information and 04 documentation regarding compliance with applicable statutes and regulations. 05 Sec. 47.32.110. Right of access and inspection. (a) A designated agent or 06 employee of the department shall have right of access to an entity 07 (1) to determine whether an application for licensure or renewal is 08 appropriate; 09 (2) to conduct a complaint investigation; 10 (3) to conduct a standard inspection; 11 (4) to inspect documents, including personnel records, accounts, the 12 building, or the premises; 13 (5) to interview staff or residents; or 14 (6) if the department has reasonable cause to believe that the entity is 15 operating in violation of this chapter or the regulations adopted under this chapter. 16 (b) If an entity denies access, the department may petition the court for an 17 order permitting access, or the department may seek to revoke the entity's license 18 under AS 47.32.140. 19 (c) Upon petition of the department and after a hearing held upon reasonable 20 notice to the entity, the court shall issue an order to an officer or employee of the 21 department authorizing the officer or employee to enter for any of the purposes 22 described in (a) of this section. 23 Sec. 47.32.120. Report. (a) Within 10 working days after completing an 24 investigation or inspection under AS 47.32.090 - 47.32.110, the department shall 25 prepare a report of the results of the investigation or inspection and mail a copy of the 26 report to the entity. The report shall include a description of 27 (1) any violation, including a citation to each statute or regulation that 28 has been violated; and 29 (2) any enforcement action the department intends to take under 30 AS 47.32.130 or 47.32.140. 31 (b) An entity that receives a copy of a report under this section may submit a
01 written response to the report to the department. The department may require an entity 02 to submit a response to a report received under this section. 03 (c) Within 14 days after the entity receives a copy of the report under this 04 section, upon request of the complainant, the department shall provide a copy of the 05 report to the complainant. 06 Sec. 47.32.130. Enforcement action: immediate revocation or suspension. 07 (a) If the department's report of investigation or inspection under AS 47.32.120 08 concludes that the department has reasonable cause to believe that a violation of an 09 applicable statute or regulation has occurred that presents an immediate danger to the 10 health, safety, or welfare of an individual receiving services from the entity, the 11 department, without an administrative hearing and without providing an opportunity to 12 cure or correct the violation, may immediately revoke or suspend the entity's license 13 or, if the entity is not licensed under this chapter, may revoke the entity's ability to 14 become licensed under this chapter or to provide services as an entity exempted under 15 this chapter. A suspension or revocation under this subsection takes effect 16 immediately upon initial notice to the entity from the department, is in addition to any 17 enforcement action under AS 47.32.140, and continues until a final determination 18 under (c) of this section or AS 47.32.150. 19 (b) Notice under this section shall be provided as follows: 20 (1) the department shall provide initial notice to the entity at the time 21 the department determines that an immediate suspension or revocation is required; 22 initial notice may be oral, except that, if an entity representative is not present at the 23 entity, the department shall post written notice on the front door of the entity; the 24 initial notice must provide information regarding the entity's appeal rights; 25 (2) the department shall provide formal written notice to the entity 26 within 14 working days after the immediate revocation or suspension decision; formal 27 written notice must include 28 (A) a copy of the department's report under AS 47.32.120, a 29 statement of the entity's right to submit a written response to the report, and 30 any department requirement that the entity submit a written response to the 31 report;
01 (B) a description of any enforcement action the department 02 intends to take under AS 47.32.140(d) or (f); and 03 (C) information regarding the entity's appeal rights. 04 (c) An entity to which a notice has been provided under this section may 05 appeal the department's decision to impose the enforcement action, including an 06 enforcement action the department intends to take under AS 47.32.140(d) or (f), by 07 filing a written request for a hearing, on a form provided by the department, within 15 08 days after receipt of the notice. If a hearing is not timely requested under this 09 subsection, the department's notice constitutes a final administrative order for which 10 the department may seek the court's assistance in enforcing. 11 Sec. 47.32.140. Enforcement actions. (a) If the department's report of 12 investigation or inspection under AS 47.32.120 concludes that the department has 13 reasonable cause to believe that a violation of an applicable statute or regulation has 14 occurred, the department shall provide notice to the entity of the violation and an 15 opportunity to cure the violation within a reasonable time specified by the department. 16 The notice must include a copy of the department's report under AS 47.32.120, a 17 statement that the entity may submit a written response to the report, any department 18 requirement that the entity submit a written response to the report, a description of any 19 enforcement action the department intends to take under (d) or (f) of this section, and 20 information regarding the entity's appeal rights. 21 (b) An entity receiving a notice under (a) of this section, or a notice under 22 AS 47.32.130(b)(2) that contains the information specified in AS 47.32.130(b)(2)(B), 23 shall submit a plan of correction to the department for approval. Once it has cured its 24 violations, the entity shall submit to the department an allegation of compliance. 25 Upon receipt of the allegation of compliance, the department may conduct a follow-up 26 investigation or inspection to determine compliance. The department may take one or 27 more enforcement actions under (d) and (f) of this section regardless of whether the 28 entity achieves compliance under this subsection. 29 (c) If the department believes that an entity has not voluntarily corrected the 30 violation or entered into a plan of correction with the approval of the department, the 31 department may require that the entity participate in a plan of correction under
01 regulations of the department. Once the entity has cured its violations, it shall submit 02 to the department an allegation of compliance. Upon receipt of the allegation of 03 compliance, the department may conduct a follow-up investigation or inspection to 04 determine compliance. The department may take one or more enforcement actions 05 under (d) and (f) of this section regardless of whether the entity achieves compliance 06 under this subsection. 07 (d) The department may take one or more of the following enforcement 08 actions under this section: 09 (1) delivery of a warning notice to the licensed entity and to any 10 additional person who was the subject of the investigation or inspection; 11 (2) modification of the term or scope of the entity's existing license, 12 including changing a biennial license to a provisional license or adding a condition to 13 the license; 14 (3) suspension of the entity's operations for a period of time set by the 15 department; 16 (4) suspension of or a ban on the entity's provision of services to 17 individuals not already receiving services from the entity for a period of time set by 18 the department; 19 (5) nonrenewal of the entity's license; 20 (6) revocation of the entity's license or, if the entity is not licensed 21 under this chapter, revocation of the entity's ability to become licensed under this 22 chapter; 23 (7) issuance of an order requiring closure, immediate or otherwise, of 24 the entity regardless of whether the entity is licensed or unlicensed; 25 (8) denial of payments under AS 47.07 for the entity's provision of 26 services to an individual not already receiving services from the entity; 27 (9) assumption of either temporary or permanent management of the 28 entity or pursuit of a court-ordered receiver for the entity; 29 (10) reduction of the number of individuals receiving services from the 30 entity under the license; 31 (11) imposition of a penalty authorized under law;
01 (12) inclusion in the registry established under AS 47.05.330; 02 (13) requirement that the entity prepare and submit a plan of 03 correction. 04 (e) The department may not take action under (d)(9) of this section unless the 05 commissioner has reasonable cause to believe that continued management by the 06 entity while the entity is attempting to cure a violation would be injurious to the 07 health, safety, or welfare of an individual who is receiving a service from the entity. 08 (f) In addition to any other enforcement actions the department may take 09 under this section, the department may assess a civil fine against an entity for a 10 violation of an applicable statute or regulation, taking into account the type and size of 11 the entity and the type and severity of the violation. A fine assessed under this 12 subsection may not exceed $2,500 a day for each day of violation for a continuing 13 violation or $25,000 for a single violation. 14 (g) An entity to which a notice has been provided under this section regarding 15 an enforcement action under (d) or (f) of this section may appeal the department's 16 decision to impose the enforcement action by filing a written request for a hearing, on 17 a form provided by the department, within 15 days after receipt of the notice of the 18 enforcement action. 19 (h) An enforcement action under (d) or (f) of this section may not be imposed 20 until 21 (1) the time period for requesting a hearing under AS 47.32.130(c) or 22 under (g) of this section, as applicable, has passed without a hearing being requested; 23 or 24 (2) a final agency decision has been issued following a hearing 25 requested under AS 47.32.130(c) or under (g) of this section, as applicable. 26 (i) If a hearing is not timely requested under AS 47.32.130(c) or under (g) of 27 this section, as applicable, the department's notice regarding an enforcement action 28 under (d) or (f) of this section constitutes a final administrative order. The department 29 may seek the court's assistance in enforcing the final administrative order. 30 (j) An entity against which an enforcement action under (d) or (f) of this 31 section has been taken may not apply for a license or license renewal until after the
01 time period set by the department in its final administrative order under 02 AS 47.32.130(c), this section, or AS 47.32.150, as applicable. If a time period has not 03 been set, a final administrative order against the entity has the effect of a permanent 04 revocation, and the entity may not apply for a license or license renewal. If the 05 ownership, control, or management of an entity changes, the department may allow 06 the entity to seek licensure if the entity submits documents showing the change. 07 (k) Assessment of a civil fine under this section does not preclude imposition 08 of a criminal penalty under AS 47.32.170. 09 Sec. 47.32.150. Hearings. (a) Upon receipt of a timely request for a hearing 10 by an entity regarding an enforcement action under AS 47.32.130(a) or 11 47.32.140(d)(3), (5), (6), (7), or (9), the department shall request the chief 12 administrative law judge appointed under AS 44.64.020 to appoint an administrative 13 law judge employed or retained by the office of administrative hearings to preside 14 over a hearing conducted under this section. AS 44.62.330 - 44.62.630 and 15 AS 44.64.060 apply to the hearing. 16 (b) Upon receipt of a timely request for a hearing by an entity regarding an 17 enforcement action under AS 47.32.070 or 47.32.140(d)(1), (2), (4), (8), (10), (11), 18 (12), or (13), the department shall conduct a hearing in front of an officer appointed by 19 the commissioner. A hearing under this subsection may be conducted on the record, 20 in an informal manner, and may not be conducted under AS 44.62 or AS 44.64. The 21 appointed hearing officer may be a state employee. 22 (c) The decision following a hearing conducted under (a) or (b) of this section 23 constitutes a final agency administrative order. 24 (d) A hearing conducted under this section shall take place within 120 days 25 after the department's receipt of the request for hearing. A hearing may be held on an 26 expedited basis upon a showing of good cause. An expedited hearing shall be held 27 within 60 days after the department's receipt of the request for a hearing. 28 Sec. 47.32.160. Immunity. (a) The department, its employees, and its agents 29 are not liable for civil damages as a result of an act or omission in the licensure 30 process, the monitoring of a licensed entity, or any activities under this chapter. 31 (b) A volunteer who works for a hospice program licensed under this chapter
01 is not liable for damages for personal injury, wrongful death, or property damage for 02 an act or omission committed in the course of hospice-related duties unless the act or 03 omission constitutes gross negligence, recklessness, or intentional misconduct. 04 Sec. 47.32.170. Criminal penalty. A person who intentionally or with 05 criminal negligence violates a provision of this chapter or a regulation adopted under 06 this chapter related to the health and safety of persons served by an entity required to 07 comply with this chapter is guilty of a class B misdemeanor. 08 Sec. 47.32.180. Confidentiality; release of certain information. (a) Except 09 as otherwise provided by law, the following are confidential and may not be disclosed 10 to the public without a court order: complaints; investigations; inspections; records 11 related to a complaint, investigation, or inspection; and the identity of a complainant 12 and of individuals receiving services from an entity. 13 (b) With the exception of information that identifies a complainant or a 14 recipient of services from an entity, a copy of the department's report of investigation 15 or inspection under AS 47.32.120, an entity's written response to the report, and 16 information regarding any department imposition of an enforcement action under 17 AS 47.32.130 or 47.32.140 are public records under AS 40.25. The department shall 18 make this information available to the public for inspection and copying within 19 timeframes specified in AS 40.25 or regulations adopted under AS 40.25 after the 20 (1) entity receives its copy of the report of investigation under 21 AS 47.32.120, if the department has determined that an enforcement action under AS 22 47.32.130 or 47.32.140 will not be taken regarding the entity; 23 (2) department's notice of enforcement action under AS 47.32.130 or 24 47.32.140 becomes a final administrative order without a hearing under 25 AS 47.32.130(c) or 47.32.140(i); or 26 (3) issuance of a decision following a hearing under AS 47.32.150. 27 Sec. 47.32.190. Access to information. Notwithstanding any contrary 28 provision of law, the divisions of the department assigned public health and public 29 assistance functions shall have access to any information compiled or retained by 30 other divisions within the department, regardless of the nature of the information or 31 whether the information is considered confidential, in order to assist in administering
01 the provisions of this chapter. 02 Sec. 47.32.200. Notice of changes from an entity. (a) An entity shall 03 provide the department with written notice of a change of mailing address at least 14 04 days before the effective date of the change. 05 (b) An entity shall notify the department within 24 hours after having 06 knowledge that an administrator, employee, volunteer, or household member, as 07 required by the type of entity under department regulations, has been 08 (1) convicted of, has been charged by information or complaint with, 09 or is under indictment or presentment for an offense listed in regulations adopted 10 under AS 47.05.310 or a law or ordinance of this or another jurisdiction with similar 11 elements; or 12 (2) found to have neglected or abused a child as described in AS 47.10. 13 (c) An entity shall notify the department within 24 hours after having 14 knowledge of any allegation or suspicion of abuse, neglect, or misappropriation of 15 money or other property of an individual receiving services from the entity. The entity 16 shall conduct an investigation and make a written report to the department within five 17 days following notification to the department under this subsection. 18 (d) Not less than 20 days before the effective date of a decision to relinquish 19 the entity's license, the entity shall notify the department of the decision. 20 (e) Not more than one day after signing a contract for sale of the licensed 21 entity, the entity shall notify the department of the sale. 22 (f) Not less than 30 days before an entity wishes to change the location of the 23 entity, the entity shall notify the department of the change. 24 Sec. 47.32.900. Definitions. In this chapter, 25 (1) "ambulatory surgical center" means a facility that 26 (A) is not a part of a hospital or a physician's general medical 27 practice; and 28 (B) operates primarily for the purpose of providing surgical 29 services to patients who do not require hospitalization; 30 (2) "assisted living home" 31 (A) means a residential facility that serves three or more adults
01 who are not related to the owner by blood or marriage, or that receives state or 02 federal payment for services regardless of the number of adults served; the 03 department shall consider a facility to be an assisted living home if the facility 04 (i) provides housing and food services to its residents; 05 (ii) offers to provide or obtain for its residents 06 assistance with activities of daily living; 07 (iii) offers personal assistance as defined in 08 AS 47.33.990; or 09 (iv) provides or offers any combination of these 10 services; 11 (B) does not include 12 (i) a correctional facility; 13 (ii) an emergency shelter; 14 (iii) a program licensed under AS 47.10.310 for 15 runaway minors; 16 (iv) a type of entity listed in AS 47.32.010(b)(5), (8), 17 (9), (10), (11), or (12); 18 (3) "child placement agency" means an agency that arranges for 19 placement of a child 20 (A) in a foster home, residential child care facility, or adoptive 21 home; or 22 (B) for guardianship purposes; 23 (4) "commissioner" means the commissioner of health and social 24 services; 25 (5) "department" means the Department of Health and Social Services; 26 (6) "entity" means an entity listed in AS 47.32.010(b); 27 (7) "foster home" means a place where the adult head of household 28 provides 24-hour care on a continuing basis to one or more children who are apart 29 from their parents; 30 (8) "free-standing birth center" means a facility that is not a part of a 31 hospital and that provides a birth service to maternal clients;
01 (9) "frontier extended stay clinic" means a rural health clinic that is 02 authorized to provide 24-hour care to one or more individuals; 03 (10) "home health agency" means a public agency or private 04 organization, or a subdivision of a public agency or private organization, that 05 primarily engages in providing skilled nursing services in combination with physical 06 therapy, occupational therapy, speech therapy, or services provided by a home health 07 aide to an individual in the individual's home, an assisted living home, or another 08 residential setting; in this paragraph, 09 (A) "public agency" means an agency operated by the state or a 10 local government; 11 (B) "subdivision" means a component of a multi-function 12 facility or home health agency, such as the home health care division of a 13 hospital or the division of a public agency, that independently meets the 14 requirements for licensure as a home health agency; 15 (11) "hospice" or "agency providing hospice services or operating 16 hospice programs" means a program that provides hospice services; 17 (12) "hospice services" means a range of interdisciplinary palliative 18 and supportive services 19 (A) provided in a home or at an inpatient facility to persons 20 who are terminally ill and to those persons' families in order to meet their 21 physical, psychological, social, emotional, and spiritual needs; and 22 (B) based on hospice philosophy; for purposes of this 23 subparagraph, "hospice philosophy" means a philosophy that is life affirming, 24 recognizes dying as a normal process of living, focuses on maintaining the 25 quality of remaining life, neither hastens nor postpones death, strengthens the 26 client's role in making informed decisions about care, and stresses the delivery 27 of services in the least restrictive setting possible and with the least amount of 28 technology necessary by volunteers and professionals who are trained to help a 29 client with the physical, social, psychological, spiritual, and emotional issues 30 related to terminal illness so that the client can feel better prepared for the 31 death that is to come;
01 (13) "hospital" means a public or private institution or establishment 02 devoted primarily to providing diagnosis, treatment, or care over a continuous period 03 of 24 hours each day for two or more unrelated individuals suffering from illness, 04 physical or mental disease, injury or deformity, or any other condition for which 05 medical or surgical services would be appropriate; "hospital" does not include a 06 frontier extended stay clinic; 07 (14) "intermediate care facility for the mentally retarded" has the 08 meaning given in 42 C.F.R. 440.150; 09 (15) "licensed entity" means an entity that has a license issued under 10 this chapter; 11 (16) "maternity home" means a place of residence the primary function 12 of which is to give care, with or without compensation, to pregnant individuals, 13 regardless of age, or that provides care, as needed, to mothers and their newborn 14 infants; 15 (17) "nursing facility" means a facility that is primarily engaged in 16 providing skilled nursing care or rehabilitative services and related services for those 17 who, because of their mental or physical condition, require care and services above the 18 level of room and board; "nursing facility" does not include a facility that is primarily 19 for the care and treatment of mental diseases; 20 (18) "residential child care facility" means a place, staffed by 21 employees, where one or more children who are apart from their parents receive 24- 22 hour care on a continuing basis; 23 (19) "residential psychiatric treatment center" means a secure or semi- 24 secure facility, or an inpatient program in another facility, that provides, under the 25 direction of a physician, psychiatric diagnostic, evaluation, and treatment services on a 26 24-hour-a-day basis to children with severe emotional or behavioral disorders; 27 (20) "runaway shelter" means a facility housing a runaway child; 28 (21) "rural health clinic" 29 (A) means a facility or clinic that is authorized to provide 30 health care services and is located in a rural area; 31 (B) includes a frontier extended stay clinic;
01 (C) does not include a rehabilitation agency or a facility 02 primarily for the care and treatment of mental diseases. 03 * Sec. 35. AS 47.32.010, added by sec. 34 of this Act, is amended by adding a new 04 subsection to read: 05 (c) The provisions of AS 47.05.300 - 47.05.390, regarding criminal history, 06 criminal history checks, criminal history use standards, and a centralized registry, 07 apply to entities listed in (b) of this section, as provided in AS 47.05.300. 08 * Sec. 36. AS 47.33.010 is amended to read: 09 Sec. 47.33.010. Applicability. (a) Except as provided in (b) of this section, 10 this chapter applies to assisted living homes, as defined in AS 47.32.900 11 [RESIDENTIAL FACILITIES OPERATED IN THE STATE THAT SERVE THREE 12 OR MORE ADULTS WHO ARE NOT RELATED TO THE OWNER OF THE 13 FACILITY BY BLOOD OR MARRIAGE BY 14 (1) PROVIDING HOUSING AND FOOD SERVICE TO ITS 15 RESIDENTS; AND 16 (2) PROVIDING OR OBTAINING, OR OFFERING TO PROVIDE 17 OR OBTAIN FOR ITS RESIDENTS 18 (A) ASSISTANCE WITH THE ACTIVITIES OF DAILY 19 LIVING; 20 (B) PERSONAL ASSISTANCE; OR 21 (C) A COMBINATION OF SERVICES UNDER (A) AND (B) 22 OF THIS PARAGRAPH]. 23 (b) Notwithstanding (a) of this section, this chapter does not apply to 24 (1) a correctional facility; 25 (2) a facility for treatment of alcoholism that is regulated under 26 AS 47.37; 27 (3) an emergency shelter; 28 (4) a medical facility, including a nursing home, licensed under 29 AS 47.32 [AS 18.20]; 30 (5) a program for runaway minors licensed under AS 47.10.310; or 31 (6) a maternity home licensed under AS 47.32 [AS 47.35].
01 * Sec. 37. AS 47.33.070(a) is amended to read: 02 (a) An assisted living home shall maintain, for each resident of the home, a 03 file that includes 04 (1) the name and birth date, and, if provided by the resident, the social 05 security number of the resident; 06 (2) the name, address, and telephone number of the resident's closest 07 relative, service coordinator, if any, and representative, if any; 08 (3) a statement of what actions, if any, the resident's representative is 09 authorized to take on the resident's behalf; 10 (4) a copy of the resident's assisted living plan; 11 (5) a copy of the residential services contract between the home and 12 the resident; 13 (6) a notice, as required under AS 47.33.030, regarding the depository 14 in which the resident's advance payment money is being held; 15 (7) written acknowledgment by the resident or the resident's 16 representative that the resident has received a copy of and has read, or has been read 17 the 18 (A) resident's rights under AS 47.33.300; 19 (B) resident's right to pursue a grievance under AS 47.33.340; 20 (C) resident's right to protection from retaliation under 21 AS 47.33.350; 22 (D) provisions of AS 47.32.160 [AS 47.33.510], regarding 23 immunity; and 24 (E) home's house rules; 25 (8) an acknowledgment and agreement relating to home safekeeping 26 and management of the resident's money, as required by AS 47.33.040; 27 (9) a copy of the resident's living will, if any, or an advance health care 28 directive made under AS 13.52, if any; and 29 (10) a copy of a power of attorney or other written designation, 30 including an advance health care directive made under AS 13.52, of an agent, 31 representative, or surrogate by the resident.
01 * Sec. 38. AS 47.40.021 is amended to read: 02 Sec. 47.40.021. Licensing and supervision. Facilities providing services that 03 are purchased by the department under AS 47.40.011 - 47.40.091 [,] shall, if required 04 by the department, be licensed and supervised under AS 47.32 [AS 47.35]. 05 * Sec. 39. AS 47.40.110 is amended to read: 06 Sec. 47.40.110. Licensing and supervision. A person providing services 07 purchased by the Department of Health and Social Services under AS 47.40.100 - 08 47.40.120 shall, if required to be licensed under AS 47.32 [AS 47.35], be licensed and 09 supervised in the same manner as foster homes and maternity homes under AS 47.32 10 [AS 47.35]. 11 * Sec. 40. AS 47.55.010(d) is amended to read: 12 (d) The department may employ the necessary subordinate officers and 13 employees, and shall prescribe methods for operation of the homes, standards of care 14 and service to home residents, and rules governing personnel. The methods for 15 operation and standards of care and services to residents prescribed under this 16 subsection shall be the same as the methods for operation and standards of care 17 established by the department for an assisted living home licensed under AS 47.32 18 [AS 47.33]. 19 * Sec. 41. AS 47.62.090(2) is amended to read: 20 (2) "long term care facility" means an assisted living home, as defined 21 in AS 47.32.900, [THAT IS REQUIRED TO BE LICENSED UNDER AS 47.33] and 22 a nursing facility, [HOME] as defined in AS 47.32.900 [AS 08.70.180]; 23 * Sec. 42. AS 47.80.140 is repealed and reenacted to read: 24 Sec. 47.80.140. Licensing and certificates of need. (a) A person may not 25 establish or operate a residential facility until the facility has been licensed under 26 AS 47.32. 27 (b) A certificate of need is required as a prerequisite for the licensing of a 28 residential facility established after July 1, 1978, and not otherwise provided for in 29 AS 18.07.031 - 18.07.111. A certificate shall be issued and regulated in the same 30 manner as provided in AS 18.07.031 - 18.07.111 for certificates of need for health 31 care facilities. This subsection does not apply to an assisted living home licensed
01 under AS 47.32. 02 * Sec. 43. AS 14.43.148(h)(1)(B)(iii) is repealed. 03 * Sec. 44. AS 18.05.040(a)(10); AS 18.18.005, 18.18.010, 18.18.020, 18.18.030, 04 18.18.040, 18.18.100, 18.18.200, 18.18.300, 18.18.310, 18.18.320, 18.18.330, 18.18.340, 05 18.18.350, 18.18.390, 18.18.410, 18.18.420, 18.18.430, 18.18.440, 18.18.450, 18.18.460, 06 18.18.470, and 18.18.490 are repealed. 07 * Sec. 45. AS 18.20.010, 18.20.020, 18.20.030, 18.20.040, 18.20.050, 18.20.060, 08 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, 09 18.20.260, and 18.20.302 are repealed. 10 * Sec. 46. AS 25.27.244(s)(2)(B)(ii) is repealed. 11 * Sec. 47. AS 44.62.330(a)(15), 44.62.330(a)(17), and 44.62.330(a)(41) are repealed. 12 * Sec. 48. AS 44.64.030(a)(15), 44.64.030(a)(16), 44.64.030(a)(33), and 44.64.030(a)(34) 13 are repealed. 14 * Sec. 49. AS 47.33.100, 47.33.400, 47.33.410, 47.33.430, 47.33.500, 47.33.510, 15 47.33.520, 47.33.530, 47.33.540, 47.33.550, 47.33.560, 47.33.570, 47.33.910, 47.33.920, 16 47.33.990(8), 47.33.990(11), and 47.33.990(14) are repealed. 17 * Sec. 50. AS 47.35.005, 47.35.010, 47.35.015, 47.35.017, 47.35.019, 47.35.021, 18 47.35.022, 47.35.023, 47.35.025, 47.35.027, 47.35.029, 47.35.033, 47.35.037, 47.35.039, 19 47.35.043, 47.35.045, 47.35.047, 47.35.048, 47.35.085, 47.35.105, 47.35.110, 47.35.120, 20 47.35.130, 47.35.132, 47.35.140, 47.35.800, 47.35.810, 47.35.820, and 47.35.900 are 21 repealed. 22 * Sec. 51. AS 47.37.270(2) and 47.37.270(3) are repealed. 23 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY REGARDING CERTAIN SECTIONS; DEPARTMENT ACTION. 26 (a) The changes made by secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 of this Act apply 27 to 28 (1) applications or requests submitted within the 90 days before, or submitted 29 on or after, the effective dates of sec. 34 of this Act for initial licensure, certification, or other 30 approval of an entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act; and 31 (2) applications submitted within the 90 days before, or submitted on or after,
01 the effective date of secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 of this Act for renewal 02 of a license issued before the effective date of secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 03 51 of this Act under a statute repealed or amended by this Act, and regarding a type of entity 04 listed in AS 47.32.010(b), enacted by sec. 34 of this Act. 05 (b) The Department of Health and Social Services may not make a final determination 06 regarding an application or request described in (a) of this section earlier than the effective 07 date of secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 of this Act. 08 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY REGARDING SECS. 19 AND 35 OF THIS ACT; 11 DEPARTMENT ACTION. (a) The changes made by secs. 19 and 35 of this Act apply to 12 (1) applications or requests submitted within the 30 days before, or submitted 13 on or after, the effective date of secs. 19 and 35 of this Act for initial licensure, certification, 14 or other approval or selection as any of the following: 15 (A) an entity or individual service provided that is subject to 16 AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act; 17 (B) an entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act, 18 that is not described in (A) of this paragraph; and 19 (2) applications or requests submitted within the 30 days before, or submitted 20 on or after, the effective date of secs. 19 and 35 of this Act, for renewal of a license, 21 certification, or other approval or selection for an entity or individual service provider that is 22 subject to AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act. 23 (b) The Department of Health and Social Services may not make a final determination 24 regarding an application or request described in (a) of this section earlier than the effective 25 date of secs. 19 and 35 of this Act. 26 (c) In this section, 27 (1) "entity" includes an entity subject to AS 47.05.300 - 47.05.390, enacted by 28 sec. 19 of this Act, and an entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act, that 29 is not subject to AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act; 30 (2) "individual service provider" has the meaning given in AS 47.05.390, 31 enacted by sec. 19 of this Act.
01 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 INTENT OF THE LEGISLATURE REGARDING PERSONAL NEEDS 04 ALLOWANCE FOR ASSISTED LIVING HOME RESIDENTS. (a) It is the intent of the 05 legislature that the Department of Health and Social Services repeal 7 AAC 43.1058(k)(1)(B). 06 (b) It is further the intent of the legislature that the Department of Health and Social 07 Services not be responsible for paying for refunds of cost-of-care contributions received as a 08 result of the repeal of 7 AAC 43.1058(k)(1)(B) under (a) of this section. In addition, any 09 cost-of-care contributions currently outstanding as a result of errors and omissions by a 10 medical assistance recipient, a medical assistance recipient's responsible party, or an assisted 11 living home, shall be considered unattainable and classified as unrealized cost containment for 12 the fiscal year ending June 30, 2005. 13 (c) It is further the intent of the legislature that the Department of Health and Social 14 Services adopt new emergency regulations establishing a personal needs allowance for 15 recipients residing in an assisted living home that is equal to the monthly income limit set 16 under AS 47.07.020(b)(6), minus $260. Until the Department of Health and Social Services 17 adopts emergency regulations at 7 AAC 43.1058(k)(1)(B), the Department of Health and 18 Social Services shall apply a personal needs allowance for recipients residing in an assisted 19 living home equal to the monthly income limit set in AS 47.07.020(b)(6), minus $260. The 20 provisions of this section meet the requirements for a finding of a public health, safety, and 21 welfare emergency under AS 44.62.250. 22 (d) It is further the intent of the legislature that the sum of $363,500 of appropriations 23 made in fiscal year 2006 to the Department of Health and Social Services be used to further 24 the intent under this section. 25 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION: CURRENTLY LICENSED OR APPROVED FACILITIES. (a) 28 Notwithstanding AS 47.32.020, enacted by sec. 34 of this Act, a facility that is a type of entity 29 listed in AS 47.32.010(b), enacted by sec. 34 of this Act, and that, on the effective date of 30 secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 of this Act, is being operated under a valid 31 license or under an approval issued by the department under a statute repealed or amended by
01 this Act, may continue to be operated under that license or approval as provided in this 02 section. 03 (b) References to AS 47.32 in the following sections are interpreted to include, until 04 June 30, 2006, the relevant former licensing provision repealed in this Act: 05 (1) AS 11.61.195(a), as amended by sec. 4 of this Act; 06 (2) AS 11.61.220(a), as amended by sec. 5 of this Act; 07 (3) AS 47.05.010, as amended by sec. 17 of this Act; 08 (4) AS 47.05.055(a), as amended by sec. 18 of this Act; 09 (5) AS 47.10.141(b), as amended by sec. 20 of this Act; 10 (6) AS 47.10.392, as amended by sec. 21 of this Act; 11 (7) AS 47.10.399(2), as amended by sec. 22 of this Act; 12 (8) AS 47.10.990, as amended by secs. 23 and 24 of this Act; 13 (9) AS 47.24.013(a), as amended by sec. 26 of this Act; 14 (10) AS 47.24.017(d), as amended by sec. 27 of this Act; 15 (11) AS 47.25.071(b), as amended by sec. 28 of this Act; 16 (12) AS 47.25.095(2), as amended by sec. 29 of this Act; 17 (13) AS 47.25.095(4), as amended by sec. 30 of this Act; 18 (14) AS 47.25.195(f)(1), as amended by sec. 31 of this Act; 19 (15) AS 47.30.915(5), as amended by sec. 32 of this Act; 20 (16) AS 47.31.100(4), as amended by sec. 33 of this Act; 21 (17) AS 47.33.010, as amended by sec. 36 of this Act; 22 (18) AS 47.33.070(a), as amended by sec. 37 of this Act; 23 (19) AS 47.40.021, as amended by sec. 38 of this Act; 24 (20) AS 47.40.110, as amended by sec. 39 of this Act; 25 (21) AS 47.55.010(d), as amended by sec. 40 of this Act; and 26 (22) AS 47.62.090(2), as amended by sec. 41 of this Act. 27 (c) Until renewal or expiration of a current license under (d) or (e) of this section, the 28 requirements and standards, including department oversight, monitoring, and enforcement 29 actions, regarding operation of a facility that is authorized to continue operating under this 30 section are those that were in effect in statute or regulation on the day before the effective date 31 of secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 of this Act.
01 (d) Unless the terms of the facility's current license provide for an earlier expiration 02 date, and unless an enforcement action taken by the department as provided in (c) of this 03 section affects the validity of the current license, the expiration date of the current license of a 04 facility described in (a) of this section is June 30, 2006. 05 (e) Application for license renewal must be made under AS 47.32.060, enacted by 06 sec. 34 of this Act, by the date required by that statute, for a facility described in (a) of this 07 section for which renewal of licensure is desired before expiration of the facility's current 08 license. For purposes of renewal of a license under this subsection and AS 47.32.060, enacted 09 by sec. 34 of this Act, the current license for the facility is considered to be a biennial license 10 under AS 47.32. 11 (f) In this section, 12 (1) "current license" means a license or approval described in (a) of this 13 section; 14 (2) "department" means the Department of Health and Social Services. 15 * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: CERTAIN APPLICATIONS PENDING FOR MORE THAN 90 18 DAYS. (a) An application for licensure or approval regarding a facility that is a type of 19 entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act, that was submitted more than 20 90 days before the effective date of secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 of this 21 Act under a statute repealed or amended by this Act and that is pending department action on 22 the effective date of secs. 1 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 of this Act shall 23 continue to be processed, and either granted or denied, by the department under the applicable 24 statutes and regulations that were in effect on the day before the effective date of secs. 1 - 14, 25 16 - 18, 20 - 34, 36 - 41, and 43 - 51 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 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 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 - 14, 16 - 18, 20 - 34, 36 - 41, and 43 - 51 03 of this Act under the provisions of (a) of this section expires June 30, 2006. 04 (d) Application must be made under AS 47.32.060, enacted by sec. 34 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. 34 09 of 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) In this section, 12 (1) "department" means the Department of Health and Social Services; 13 (2) "license" includes a renewed license. 14 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TRANSITION: PENDING APPLICATIONS AND OTHER REQUESTS 17 REGARDING SEC. 19 OF THIS ACT. (a) An application or other request for licensure, 18 certification, or other approval or selection as an entity or individual service provider that 19 would be subject to AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act, that was 20 submitted more than 30 days before the effective date of sec. 19 of this Act and is pending 21 department action on the effective date of sec. 19 of this Act shall continue to be processed, 22 and either granted or denied, by the department under the applicable statutes and regulations 23 that were in effect on the day before the effective date of sec. 19 of this Act. In this 24 subsection, 25 (1) "entity" means an entity that would be subject to AS 47.05.300 - 26 47.05.390, enacted by sec. 19 of this Act; 27 (2) "individual service provider" has the meaning given in AS 47.05.390, 28 enacted by sec. 19 of this Act. 29 (b) In this section, 30 (1) "department" means the Department of Health and Social Services; 31 (2) "license" includes a renewed license.
01 * Sec. 58. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. (a) The Department of Health and Social Services 04 may proceed to adopt regulations necessary to implement secs. 1 - 14, 16 - 18, 20 - 34, 36 - 05 41, and 43 - 51 of this Act. The regulations take effect under AS 44.62 (Administrative 06 Procedure Act), but not before the effective date of the statutory changes. 07 (b) The Department of Health and Social Services may proceed to adopt regulations 08 necessary to implement secs. 15, 19, and 35 of this Act. The regulations take effect under 09 AS 44.62 (Administrative Procedure Act). 10 * Sec. 59. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 CERTIFICATION OF EFFECTIVE DATE OF REGULATIONS. The lieutenant 13 governor shall certify to the revisor of statues the effective date of the regulations adopted by 14 the Department of Health and Social Services under sec. 58 of this Act. 15 * Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 RETROACTIVITY. Section 54(a) of this Act is retroactive to July 1, 2004. 18 * Sec. 61. Sections 52, 56, and 58 of this Act take effect immediately under 19 AS 01.10.070(c). 20 * Sec. 62. Sections 15, 19, and 35 of this Act take effect on the effective date of the 21 regulations adopted by the Department of Health and Social Services under sec. 58(b) of this 22 Act, or March 1, 2006, whichever is earlier, but in no event earlier than July 2, 2005. 23 * Sec. 63. Section 54(c) of this Act takes effect July 1, 2005. 24 * Sec. 64. Except as provided in secs. 61 - 63 of this Act, this Act takes effect July 2, 2005.