HB 1: "An Act relating to the Department of Health and Social Services; relating to in-home personal care services agencies; establishing the In-Home Personal Care Services Advisory Board; and providing for an effective date."

00                              HOUSE BILL NO. 1                                                                           
01 "An Act relating to the Department of Health and Social Services; relating to in-home                                   
02 personal care services agencies; establishing the In-Home Personal Care Services                                        
03 Advisory Board; and providing for an effective date."                                                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 47.32.010(b) is amended to read:                                                                   
06            (b)  This chapter and regulations adopted under this chapter apply to the                                    
07       following entities:                                                                                               
08                 (1)  ambulatory surgical centers;                                                                       
09                 (2)  assisted living homes;                                                                             
10                 (3)  child care facilities;                                                                             
11                 (4)  child placement agencies;                                                                          
12                 (5)  foster homes;                                                                                      
13                 (6)  free-standing birth centers;                                                                       
14                 (7)  home health agencies;                                                                              
01                 (8)  hospices, or agencies providing hospice services or operating                                      
02       hospice programs;                                                                                                 
03                 (9)  hospitals;                                                                                         
04                 (10)  in-home personal care services agencies;                                                      
05                 (11)  intermediate care facilities for individuals with an intellectual                             
06       disability or related condition;                                                                                  
07                 (12) [(11)]  maternity homes;                                                                       
08                 (13) [(12)]  nursing facilities;                                                                    
09                 (14) [(13)]  residential child care facilities;                                                     
10                 (15) [(14)]  residential psychiatric treatment centers;                                             
11                 (16) [(15)]  runaway shelters;                                                                      
12                 (17) [(16)]  rural health clinics.                                                                  
13    * Sec. 2. AS 47.32.020 is amended by adding a new subsection to read:                                              
14 (d)  If an entity is providing personal care services under the medical assistance                                      
15 program or for veterans as authorized by federal law, the entity is exempt from the                                     
16 licensing requirements for in-home personal care services agencies under this chapter                                   
17       and AS 47.34 when operating the program.                                                                          
18    * Sec. 3. AS 47.32.900(2) is amended to read:                                                                      
19                 (2)  "assisted living home"                                                                             
20 (A)  means a residential facility that serves three or more adults                                                      
21 who are not related to the owner by blood or marriage, or that receives state or                                        
22 federal payment for services regardless of the number of adults served; the                                             
23            department shall consider a facility to be an assisted living home if the facility                           
24                           (i)  provides housing and food services to its residents;                                     
25 (ii)  offers to provide or obtain for its residents                                                                     
26                 assistance with activities of daily living;                                                             
27 (iii)  offers personal assistance as defined in                                                                         
28                 AS 47.33.990; or                                                                                        
29 (iv)  provides or offers any combination of these                                                                       
30                 services;                                                                                               
31                      (B)  does not include                                                                              
01                           (i)  a correctional facility;                                                                 
02                           (ii)  an emergency shelter;                                                                   
03                           (iii)  a program licensed under AS 47.10.310 for                                              
04                 runaway minors;                                                                                         
05                           (iv)  a type of entity listed in AS 47.32.010(b)(5), (8),                                     
06                 (9), [(10),] (11), [OR] (12), or (13);                                                              
07    * Sec. 4. AS 47.32.900 is amended by adding new paragraphs to read:                                                
08                 (22)  "in-home personal care services agency" means an entity that                                      
09       provides personal care services, including attendant care, homemaker services, and                                
10 companion care, for compensation to an individual in the individual's home to enable                                    
11 the individual to remain in the home; "in-home personal care services agency" does                                      
12 not include an entity that exclusively provides house cleaning services or that is a                                    
13       home health agency, hospital, or long-term care facility licensed under this chapter;                             
14                 (23)  "personal care services" includes                                                                 
15 (A)  attendant care for assistance with bathing, dressing,                                                              
16 ambulation, transfers, toileting, and other activities of daily living for which an                                     
17            individual license is not required;                                                                          
18 (B)  homemaker services for assistance with meal preparation,                                                           
19            light housekeeping, shopping, and other household tasks;                                                     
20 (C)  companionship care for assistance with transportation,                                                             
21            companionship, memory, and other related needs.                                                              
22    * Sec. 5. AS 47 is amended by adding a new chapter to read:                                                        
23                 Chapter 34. In-Home Personal Care Services.                                                           
24 Sec. 47.34.010. Establishment of advisory board; composition. (a) The                                                 
25 In-Home Personal Care Services Advisory Board is established in the department for                                      
26 the purpose of advising the department on the development of regulations for the                                        
27       standards of in-home personal care services agencies.                                                             
28            (b)  The board consists of five members appointed by the governor as follows:                                
29                 (1)  two members of the in-home personal care services industry;                                        
30 (2)  two members who represent clients of in-home personal care                                                         
31       services agencies; and                                                                                            
01                 (3)  one member who is employed by the department.                                                      
02            (c)  Members appointed under (b) of this section                                                             
03                 (1)  serve staggered terms of three years, until reappointed or replaced;                               
04                 (2)  serve at the pleasure of the governor; and                                                         
05                 (3)  may be reappointed.                                                                                
06 (d)  If a member appointed under (b) of this section no longer meets the                                                
07 qualifications prescribed in (b) of this section or if a vacancy occurs for any reason                                  
08 other than the expiration of a member's term, the governor shall, within 30 days after                                  
09 the occurrence of the vacancy, make an appointment, effective immediately, for the                                      
10 unexpired portion of the term. A member appointed by the governor under this                                            
11       subsection to fill an unexpired term must meet the requirements of (b) of this section.                           
12 Sec. 47.34.020. Compensation. Members of the board serve without                                                      
13 compensation but are entitled to per diem and travel expenses authorized under                                          
14       AS 39.20.180.                                                                                                   
15 Sec. 47.34.030. Duties; meetings. (a) The board shall provide input and                                               
16 recommendations to the department for the development of regulations for the                                            
17       standards for in-home personal care services agencies.                                                          
18 (b)  The board shall meet at least annually, at the request of the department, at                                       
19 the request of the majority of the members, or at a regularly scheduled time as                                         
20       determined by a majority of the members.                                                                          
21 (c)  The board shall keep a record of its proceedings and issue an annual report                                        
22 to the department on the status of the development and implementation of proposed                                       
23       regulations.                                                                                                      
24 Sec. 47.34.040. Practice of in-home personal care services by an agency                                               
25 without a license. A person may not operate an in-home personal care services                                         
26 agency for compensation or advertise as an in-home personal care services agency                                        
27       without being licensed under AS 47.32 or AS 47.34.070.                                                            
28 Sec. 47.34.050. Client rights. (a) A client of an in-home personal care services                                      
29       agency has the right to                                                                                           
30                 (1)  live in a safe and sanitary environment;                                                           
31                 (2)  be free from verbal, physical, and psychological abuse;                                            
01                 (3)  be treated with consideration and respect for personal dignity,                                    
02       personal property, and the need for privacy, including privacy in                                                 
03                      (A)  a medical examination or health-related consultation;                                         
04                      (B)  bathing and toileting, except for assistance in those                                         
05            activities that is specified in the client's service plan; and                                               
06                      (C)  the maintenance of personal possessions;                                                      
07                 (4)  self-administer the client's own medications, unless specifically                                  
08       provided otherwise in the client's service plan;                                                                  
09                 (5)  receive the prior notice of the agency's intent to terminate the                                   
10       services contract of the client;                                                                                  
11 (6)  present to the agency grievances and recommendations for change                                                    
12       in the policies, procedures, or services of the agency;                                                           
13                 (7)  have reasonable access to files relating to the client.                                            
14 (b)  An in-home personal care services agency may not establish or apply a                                              
15 policy, procedure, or rule that is inconsistent with or contrary to a right provided by                                 
16       this section or by other law.                                                                                     
17 Sec. 47.34.060. Client grievance procedure. (a) An in-home personal care                                              
18 services agency shall establish a written grievance procedure for handling complaints                                   
19 of clients. At the time an individual begins receiving services from an in-home                                         
20 personal care services agency, the agency shall give a copy of the grievance procedure                                  
21       to the client and the client's representative, if any.                                                          
22 (b)  The grievance procedure established under this section must provide that a                                         
23       client and the client's representative have the right to                                                          
24 (1)  present both a written and an oral explanation of the client's                                                     
25       grievance;                                                                                                        
26 (2)  have an advocate of the client's choice and the client's                                                           
27       representative, if any, attend meetings concerning the client's grievance; and                                    
28 (3)  be notified in writing, within 30 days after the filing of the                                                     
29       grievance, of the final decision of the agency regarding the grievance.                                           
30 (c)  The agency shall maintain all records related to a grievance and make them                                         
31       available for inspection by the department on request.                                                            
01 Sec. 47.34.070. Provisional licenses. (a) If an applicant for licensure has not                                       
02 been previously licensed and the agency is not in operation at the time the application                                 
03 is submitted, the department may issue a provisional license to operate an in-home                                      
04       personal care services agency in this state.                                                                      
05 (b)  A provisional license issued under this section is initially valid for 120                                         
06 consecutive calendar days. Upon request of a licensee, the department shall extend a                                    
07 license issued under this section for 120 calendar days if, before the expiration of the                                
08 initial 120-day license, the licensee submits to the department a completed application                                 
09 form and the fees required for licensure under AS 47.32, except that the department                                     
10 may refuse to grant a request for an extension for the same reasons the department                                      
11 may revoke a license. Provisional licenses and extensions of licenses issued to a                                       
12 licensee under this section are not valid for more than 240 calendar days during any                                    
13       consecutive 24 months.                                                                                            
14 Sec. 47.34.080. Disclosure. (a) A person who provides in-home personal care                                           
15 services shall disclose that the person's training and practice are in the area of personal                             
16       care services                                                                                                   
17                 (1)  to each client; and                                                                                
18 (2)  on all material used in the practice of providing in-home personal                                                 
19       care services and made available to clients or to the public.                                                     
20 (b)  A person who provides in-home personal care services without being                                                 
21 covered by malpractice insurance shall disclose to each patient that the person does                                    
22       not have malpractice insurance.                                                                                   
23 Sec. 47.34.090. Inspections and investigations. (a) The department may                                                
24 conduct inspections and investigations of in-home personal care services agencies.                                      
25 Inspections and investigations may include direct observation of in-home care if                                        
26       consent is given by the client.                                                                                   
27 (b)  An in-home personal care services agency shall investigate complaints                                              
28 made by a client or the client's representative regarding services provided or services                                 
29 that failed to be provided, lack of respect for the client's property by an employee of                                 
30       the in-home personal care services agency, or other client complaints.                                          
31 Sec. 47.34.100. Regulations. The department may adopt regulations to                                                  
01       implement in-home personal care services agency requirements under AS 47.32 and                                   
02       this chapter, including regulations establishing                                                                  
03                 (1)  standards for the practice of providing in-home personal care                                      
04       services;                                                                                                         
05                 (2)  standards for continuing education and training;                                                   
06                 (3)  a code of ethics for providing in-home personal care services;                                     
07                 (4)  liability insurance policy requirements for in-home personal care                                  
08       services agencies;                                                                                                
09                 (5)  reporting requirements for in-home personal care services agencies;                                
10                 (6)  employment requirements for in-home care services agencies; and                                    
11                 (7)  standards of competency in                                                                         
12                      (A)  infection mitigation and control;                                                             
13                      (B)  client mobility procedures;                                                                   
14                      (C)  client hygiene procedures;                                                                    
15                      (D)  client nutrition administration;                                                              
16                      (E)  provision of homemaker services;                                                              
17                      (F)  client services documentation; and                                                            
18                      (G)  emergency procedures.                                                                         
19            Sec. 47.34.190. Definitions. In this chapter,                                                              
20                 (1)  "agency" or "in-home personal care services agency" has the                                        
21       meaning given to "in-home personal care services agency" in AS 47.32.900;                                         
22                 (2)  "board" means the In-Home Personal Care Services Advisory                                          
23       Board;                                                                                                            
24                 (3)  "department" means the Department of Health and Social Services;                                   
25                 (4)  "personal care services" has the meaning given in AS 47.32.900.                                    
26    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
27 read:                                                                                                                   
28 TRANSITION: REGULATIONS. The Department of Health and Social Services may                                               
29 adopt regulations necessary to implement the changes made by this Act. The regulations take                             
30 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the                          
31 relevant provision of this Act implemented by the regulation.                                                           
01    * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c).