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HB 139: "An Act relating to the eligibility of individuals and entities to be licensed or paid by the Department of Health and Social Services for providing certain services; and repealing requirements related to the Department of Health and Social Service's centralized registry."

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