00                HOUSE CS FOR CS FOR SENATE BILL NO. 89(HSS)                                                             
01 "An Act relating to house rules for assisted living homes."                                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 47.33.060(a) is amended to read:                                                                   
04            (a)  An assisted living home may establish house rules. The house rules must                             
05       be consistent with 42 C.F.R. 441.301(c)(4) and [,] subject to the limitations provided                        
06       for under this chapter.                                                                                           
07    * Sec. 2. AS 47.33.060(d) is amended to read:                                                                      
08            (d)  An assisted living home may not adopt a house rule that unreasonably                                    
09       restricts a right of a resident provided for under this chapter or under any other                                
10       provision of law. A provider of residential supported-living and habilitation                                 
11       services, as determined by the department in regulation, shall allow visitation                               
12       consistent with 42 C.F.R. 441.301(c)(4)(vi)(D).                                                               
13    * Sec. 3. AS 47.33.300(a) is amended to read:                                                                      
14            (a)  Subject to (c) of this section, a resident of an assisted living home has the                           
15       right to                                                                                                          

01                 (1)  live in a safe and sanitary environment free from abuse and                                    
02       discrimination;                                                                                               
03                 (2)  be treated with consideration and respect for personal dignity,                                    
04       individuality, and the need for privacy, including privacy in                                                     
05                      (A)  a medical examination or health-related consultation;                                         
06                      (B)  the resident's room or portion of a room;                                                     
07                      (C)  bathing and toileting, except for any assistance in those                                     
08            activities that is specified in the resident's assisted living plan; and                                     
09                      (D)  the maintenance of personal possessions and the right to                                      
10            keep at least one cabinet or drawer locked;                                                                  
11 (3)  possess and use personal clothing and other personal property,                                                     
12 unless the home can demonstrate that the possession or use of certain personal                                          
13       property would be unsafe or an infringement of the rights of other residents;                                     
14                 (4)  engage in private communications, including                                                        
15                      (A)  receiving and sending unopened correspondence;                                                
16 (B)  having access to a telephone, or having a private telephone                                                        
17            at the resident's own expense; [AND]                                                                         
18 (C)  visiting with persons of the resident's choice, subject to                                                         
19 visiting hours established by the home and consistent with AS 47.33.060;                                            
20            and                                                                                                      
21 (D)  having access to the Internet provided by the home,                                                            
22 subject to availability to the home in the community, and having a private                                          
23            device to access the Internet at the resident's own expense;                                             
24 (5)  close the door of the resident's room at any time, including during                                                
25       visits in the room with guests or other residents;                                                                
26 (6)  at the resident's own expense unless otherwise provided in the                                                     
27 residential services contract, participate in and benefit from community services and                                   
28 activities to achieve the highest possible level of independence, autonomy, and                                         
29       interaction with the community;                                                                                   
30                 (7)  manage the resident's own money;                                                                   
31                 (8)  participate in the development of the resident's assisted living plan;                             

01                 (9)  share a room with a spouse if both are residents of the home;                                      
02                 (10)  have a reasonable opportunity to exercise and to go outdoors at                                   
03       regular and frequent intervals, when weather permits;                                                             
04                 (11)  exercise civil and religious liberties;                                                           
05                 (12)  have access to adequate and appropriate health care and health                                    
06       care providers of the resident's own choosing, consistent with established and                                    
07       recognized standards within the community;                                                                        
08                 (13)  self-administer the resident's own medications, unless specifically                               
09       provided otherwise in the resident's assisted living plan;                                                        
10 (14)  receive meals that are consistent with cultural preferences and                                               
11       religious or health-related restrictions;                                                                         
12 (15)  receive the prior notice of relocation of the home or the home's                                                  
13 intent to terminate the residential services contract of the resident required by                                       
14       AS 47.33.080 and 47.33.360, respectively;                                                                         
15 (16)  present to the home grievances and recommendations for change                                                     
16 in the policies, procedures, or services of the home without fear of reprisal or                                    
17       retaliation;                                                                                                  
18 (17)  at the resident's own expense unless otherwise provided in the                                                    
19 residential services contract, have access to and participate in advocacy or special                                    
20       interest groups;                                                                                                  
21 (18)  at the resident's own expense unless otherwise provided in the                                                    
22 residential services contract, intervene or participate in, or refrain from participating                               
23 in, adjudicatory proceedings held under this chapter, unless provided otherwise by                                      
24       other law; [AND]                                                                                                  
25 (19)  reasonable access to home files relating to the resident, subject to                                              
26       the constitutional right of privacy of other residents of the home;                                           
27 (20)  receive information in a language the resident understands;                                                   
28       and                                                                                                           
29 (21)  receive quality care; in this paragraph, "quality care" means                                                 
30 care of a resident in accordance with the resident's assisted living plan, plan of                                  
31       care, personal preferences, and health care providers' recommendations.                                       

01    * Sec. 4. AS 47.33.990 is amended by adding a new paragraph to read:                                               
02                 (20)  "retaliation" means an adverse action taken, or threatened, by an                                 
03       assisted living home or an agent of an assisted living home against a resident in                                 
04       response to a complaint made to, or about, the home.