00HOUSE BILL NO. 377                                                                                                      
01 "An Act relating to assisted living homes; repealing references to residential                                          
02 facilities for dependent adults; and providing for an effective date."                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 47 is amended by adding a new chapter to read:                                                      
05 CHAPTER 33.  ASSISTED LIVING HOMES.                                                                                     
06 ARTICLE 1.  PURPOSE; APPLICABILITY; SERVICES; OPERATIONS.                                                               
07  Sec. 47.33.005.  PURPOSE.  The purpose of this chapter is to                                                          
08   (1)  contribute to the development of a system of care by encouraging                                                
09 the establishment of assisted living homes that provide a homelike environment for                                      
10 elderly persons and persons with a mental or physical disability who need assistance                                    
11 with the activities of daily living;                                                                                    
12   (2)  promote the establishment of homes that help                                                                    
13   (A)  the elderly to age in place; and                                                                               
14   (B)  adults with a physical or mental disability to become                                                          

01 integrated into the community and to reach their highest level of functioning;                                          
02   (3)  establish standards that will protect residents of assisted living                                              
03 homes, while at the same time promoting an environment that will encourage resident                                     
04 growth and independence, without discouraging the establishment and continued                                           
05 operation of those homes;                                                                                               
06   (4)  require that a resident of an assisted living home have an assisted                                             
07 living plan that identifies the services that will be used to meet the resident's                                       
08 reasonable wants and needs; and                                                                                         
09   (5)  provide a resident of an assisted living home, or the resident's                                                
10 representative, with the opportunity to participate to the fullest extent possible in the                               
11 design and implementation of the resident's assisted living plan and in any decisions                                   
12 involving the resident's care.                                                                                          
13  Sec. 47.33.010.  APPLICABILITY; DEFINITION OF ASSISTED LIVING                                                         
14 HOME.  (a)  This chapter applies to assisted living homes operated in the state that                                    
15 serve three or more adults.                                                                                             
16  (b)  "Assisted living home" means a residential facility that                                                         
17   (1)  serves adults who are not related to the owner of the facility by                                               
18 blood or marriage;                                                                                                      
19   (2)  provides housing and food service to its residents; and                                                         
20   (3)  provides or obtains, or offers to provide or obtain, one or more of                                             
21 the following for its residents:                                                                                        
22   (A)  assistance with the activities of daily living;                                                                
23   (B)  personal assistance;                                                                                           
24   (C)  health-related services.                                                                                       
25  (c)  "Assisted living home" does not include                                                                          
26   (1)  a correctional facility;                                                                                        
27   (2)  a facility for treatment of alcoholism, regulated under AS 47.37;                                               
28   (3)  an emergency shelter;                                                                                           
29   (4)  a medical facility, including a nursing home, licensed under                                                    
30 AS 18.20;                                                                                                               
31   (5)  a program for runaway minors licensed under AS 47.10; or                                                        

01   (6)  a maternity home licensed under AS 47.35.                                                                       
02  Sec. 47.33.020.  HEALTH-RELATED SERVICES.  (a)  Nothing in this chapter                                               
03 prohibits an assisted living home resident's self-administration of that resident's                                     
04 medications, unless the resident's assisted living plan specifically provides otherwise.                                
05  (b)  Notwithstanding a limitation imposed by AS 08 or by a regulation adopted                                         
06 under AS 08, an assisted living home may supervise a resident's self-administration                                     
07 of medications, if self-administration of medications is included in the resident's                                     
08 assisted living plan.  That supervision may be performed by any home staff person and                                   
09 may include                                                                                                             
10   (1)  reminding a resident to take medication;                                                                        
11   (2)  opening a medication container or prepackaged medication for a                                                  
12 resident;                                                                                                               
13   (3)  reading a medication label to a resident;                                                                       
14   (4)  observing a resident while the resident takes medication;                                                       
15   (5)  checking a resident's self-administered dosage against the label of                                             
16 the medication container;                                                                                               
17   (6)  reassuring a resident that the resident is taking the dosage as                                                 
18 prescribed; and                                                                                                         
19   (7)  directing or guiding, at the request of the resident, the hand of a                                             
20 resident who is administering the resident's own medications.                                                           
21  (c)  An assisted living home may provide intermittent nursing services to a                                           
22 resident who does not require 24-hour nursing services and supervision.  Intermittent                                   
23 nursing services may be provided only by a nurse licensed under AS 08.68 or by a                                        
24 nurse aide who has completed a training and competency evaluation program required                                      
25 under 42 U.S.C. 1395i-3.                                                                                                
26  (d)  An individual who is on the staff of an assisted living home and who is                                          
27 neither a nurse licensed under AS 08.68 nor a nurse aide described in (c) of this                                       
28 section may perform a nursing task in that home if                                                                      
29   (1)  the authority to perform that nursing task is delegated to that                                                 
30 individual by a nurse licensed under AS 08.68; and                                                                      
31   (2)  that nursing task is specified in regulations adopted by the Board                                              

01 of Nursing as a task that may be delegated.                                                                             
02  (e)  A resident who needs skilled nursing care may, with the consent of the                                           
03 assisted living home, arrange for that care to be provided in the home by a nurse                                       
04 licensed under AS 08.68 if that arrangement does not interfere with the services                                        
05 provided to other residents.                                                                                            
06  (f)  As part of a plan to avoid transfer of a resident from the home for medical                                      
07 reasons, the home may provide, through the services of a nurse who is licensed under                                    
08 AS 08.68, 24-hour skilled nursing care to the resident for not more than 45 consecutive                                 
09 days.                                                                                                                   
10  (g)  If a resident has received 24-hour skilled nursing care for the 45-day limit                                     
11 set by (f) of this section, the resident or the resident's representative may elect to have                             
12 the resident remain in the home without continuation of 24-hour skilled nursing care                                    
13 if the home agrees to retain the resident after                                                                         
14   (1)  the home and either the resident or the resident's representative                                               
15 have consulted with the resident's physician;                                                                           
16   (2)  the home and either the resident or the resident's representative                                               
17 have discussed the consequences and risks involved in the election to remain in the                                     
18 home; and                                                                                                               
19   (3)  the portion of the resident's assisted living plan that relates to                                              
20 health-related services has been revised to provide for the resident's health-related                                   
21 needs without the use of 24-hour skilled nursing care, and the revised plan has been                                    
22 reviewed by a registered nurse licensed under AS 08.68 or by the resident's attending                                   
23 physician.                                                                                                              
24  (h)  A terminally ill resident may remain in the home if (1) the home and either                                      
25 the resident or the resident's representative agree that the resident may remain in the                                 
26 home; and (2) the resident is under the care of a physician who certifies that the needs                                
27 of the resident are being met in the home.  The time limitation of (f) of this section                                  
28 does not apply in the case of a terminally ill resident.                                                                
29  Sec. 47.33.030.  ADVANCE PAYMENTS.  (a)  An assisted living home may                                                  
30 not require a resident or prospective resident of the home or a resident or prospective                                 
31 resident's representative, to make an advance payment to the home except as security                                    

01 for performance of the contract or as advance rent for the immediately following rental                                 
02 period.  If a home requires a resident or prospective resident to make an advance                                       
03 payment for security or as advance rent,                                                                                
04   (1)  the home shall promptly deposit the money in a designated trust                                                 
05 account in a financial institution, separate from other money and property of the home;                                 
06   (2)  the home may not represent on a financial statement that the                                                    
07 advance payment money is part of the assets of the home;                                                                
08   (3)  the advance payment money may be used only for the account of                                                   
09 the resident;                                                                                                           
10   (4)  the home shall notify the resident or the resident's representative,                                            
11 in writing, of the name and address of the depository in which the advance payment                                      
12 money is being held; and                                                                                                
13   (5)  the home shall provide to the resident or the resident's                                                        
14 representative the terms and conditions under which the advance payment money may                                       
15 be withheld by the home.                                                                                                
16  (b)  An assisted living home shall establish a written policy for the refund of                                       
17 unused advance payments in the event of the discharge or death of a resident.  The                                      
18 policy must provide that a resident is entitled to a prorated refund of the unused                                      
19 portion of an advance payment, less reasonable charges for damages to the home                                          
20 resulting from other than normal use.                                                                                   
21  Sec. 47.33.040.  RESIDENTS' MONEY.  (a)  Except for advance payments                                                  
22 under AS 47.33.030, an assisted living home may not require a resident of the home                                      
23 to deposit with the home money that belongs to the resident.  The provisions of (b) of                                  
24 this section do not apply to money that constitutes an advance payment under                                            
25 AS 47.33.030.                                                                                                           
26  (b)  An assisted living home may accept, for safekeeping and management,                                              
27 money that belongs to a resident.  The home shall establish a written policy for the                                    
28 management of such money and shall act in a fiduciary capacity with respect to that                                     
29 money, in accordance with regulations adopted by the licensing agency.  A home is                                       
30 not required to accept money that belongs to a resident.                                                                
31  Sec. 47.33.050.  TEMPORARY ABSENCE.  (a)  An assisted living home may                                                 

01 agree to reserve a bed for a resident of the home who is temporarily absent from the                                    
02 home and plans to return to the home.  The absent resident, or the resident's                                           
03 representative, shall notify the home in writing if the resident's plan to return to the                                
04 home changes.                                                                                                           
05  (b)  Until the assisted living home receives written notice that an absent                                            
06 resident does not intend to return to the home, the home may charge the resident an                                     
07 agreed-upon daily rate during the resident's absence from the home.                                                     
08  Sec. 47.33.060.  HOUSE RULES.  (a)  An assisted living home may establish                                             
09 house rules, subject to the limitations provided for under this chapter.                                                
10  (b)  An assisted living home shall give a copy of the house rules to a                                                
11 prospective resident or the prospective resident's representative before the prospective                                
12 resident's admission to the home, and shall post the house rules in a conspicuous place                                 
13 in the home.                                                                                                            
14  (c)  House rules may address                                                                                          
15   (1)  times and frequency of use of the telephone;                                                                    
16   (2)  hours for viewing and volume for listening to television, radio, and                                            
17 other electronic equipment that could disturb other residents;                                                          
18   (3)  visitors;                                                                                                       
19   (4)  movement of residents in and out of the home;                                                                   
20   (5)  use of personal property; and                                                                                   
21   (6)  use of tobacco and alcohol.                                                                                     
22  (d)  An assisted living home may not adopt a house rule that unreasonably                                             
23 restricts a right of a resident provided for under this chapter or under any other                                      
24 provision of law.                                                                                                       
25  Sec. 47.33.070.  RESIDENT FILES.  (a)  An assisted living home shall                                                  
26 maintain, for each resident of the home, a file that includes                                                           
27   (1)  the name and birthdate, and, if provided by the resident, the social                                            
28 security number of the resident;                                                                                        
29   (2)  the name, address, and telephone number of the resident's closest                                               
30 relative, service coordinator, if any, and representative, if any;                                                      
31   (3)  a statement of what actions, if any, the resident's representative is                                           

01 authorized to take on the resident's behalf;                                                                            
02   (4)  a copy of the resident's assisted living plan;                                                                  
03   (5)  a copy of the admission contract between the home and the                                                       
04 resident;                                                                                                               
05   (6)  the physician's statement required under AS 47.33.200(b), and any                                               
06 subsequent physicians' statements;                                                                                      
07   (7)  a notice, as required under AS 47.33.030, regarding the depository                                              
08 in which the resident's advance payment money is being held;                                                            
09   (8)  written acknowledgement by the resident or the resident's                                                       
10 representative that the resident has received a copy of and has read, or has been read                                  
11 the                                                                                                                     
12   (A)  resident's rights under AS 47.33.300;                                                                          
13   (B)  resident's right to pursue a grievance under AS 47.33.340;                                                     
14   (C)  resident's right to protection from retaliation under                                                          
15 AS 47.33.350;                                                                                                           
16   (D)  provisions of AS 47.33.510, regarding immunity; and                                                            
17    (E)  home's house rules;                                                                                            
18   (9)  an acknowledgement and agreement relating to home safekeeping                                                   
19 and management of the resident's money, as required by AS 47.33.040;                                                    
20   (10)  a copy of the resident's living will, if any; and                                                              
21   (11)  a copy of any power of attorney or other written designation of                                                
22 an agent, representative, or surrogate by the resident.                                                                 
23  (b)  An assisted living home shall retain a resident's file for at least one year                                     
24 after the resident is discharged from the home.                                                                         
25  Sec. 47.33.080.  CLOSURE OR RELOCATION; CHANGE OF MAILING                                                             
26 ADDRESS.  (a)  No later than 90 days before the voluntary closing or relocation of                                      
27 an assisted living home, the home shall provide written notice of the closure or                                        
28 relocation to the licensing agency, each resident of the home, all representatives of                                   
29 residents, and all service coordinators for residents.                                                                  
30  (b)  No later than 14 days before a change of an assisted living home's mailing                                       
31 address, the home shall provide written notice of the change to the licensing agency,                                   

01 each resident of the home, all representatives of residents, and all service coordinators                               
02 for residents.                                                                                                          
03  Sec. 47.33.090.  RATE INCREASE.  An assisted living home may not increase                                             
04 the rate charged for services provided by the home unless the home notifies each                                        
05 resident or the resident's representative of the increase at least 30 days before the                                   
06 increase is to take effect.                                                                                             
07 ARTICLE 2.  ADMISSIONS; ASSISTED LIVING PLAN.                                                                           
08  Sec. 47.33.200.  ADMISSION.  (a)  An individual may not be admitted to an                                             
09 assisted living home without that individual's consent, or, if the individual is not                                    
10 competent, the consent of the individual's representative.                                                              
11  (b)  If an individual is being admitted for health problems, at the time of or                                        
12 within 30 days after that individual's admission to the home, the home shall obtain,                                    
13 and place in that resident's file, a physician's statement regarding that resident.                                     
14  Sec. 47.33.210.  ADMISSION CONTRACTS.  (a)  An individual may not be                                                  
15 admitted as a resident of an assisted living home unless a representative of the home                                   
16 and either the individual or the individual's representative sign an admission contract                                 
17 that complies with the provisions of this section.  Upon signing of the admission                                       
18 contract, the home shall give the resident and the resident's representative, if any, a                                 
19 copy of the contract and place a copy in the resident's file.                                                           
20  (b)  An admission contract must                                                                                       
21   (1)  specifically describe the services and accommodations to be                                                     
22 provided by the assisted living home;                                                                                   
23   (2)  set out the rates charged by the home;                                                                          
24   (3)  specifically describe the rights, duties, and obligations of the                                                
25 resident, other than those specified in this chapter;                                                                   
26   (4)  set out the policies and procedures for discharge of a resident as                                              
27 provided for in this chapter;                                                                                           
28   (5)  state the amount and purpose of any advance payments required by                                                
29 the home; and                                                                                                           
30   (6)  set out the home's policy for refund of advance payments in the                                                 
31 event of the discharge or death of the resident.                                                                        

01  Sec. 47.33.220.  ASSISTED LIVING PLAN REQUIRED.  An assisted living                                                   
02 home shall ensure that an assisted living plan for a resident of the home is developed,                                 
03 and approved by the resident or the resident's representative, within 30 days after the                                 
04 resident was admitted to the home.  The assisted living plan must be developed by the                                   
05 resident or the resident's representative with participation from                                                       
06   (1)  the resident's service coordinator, if any;                                                                     
07   (2)  representatives of providers of services to the resident; and                                                   
08   (3)  the administrator of the home.                                                                                  
09  Sec. 47.33.230.  ASSISTED LIVING PLAN CONTENTS; DISTRIBUTION.                                                         
10 (a)  An assisted living plan for a resident of an assisted living home must                                             
11   (1)  promote the resident's participation in the community and increased                                             
12 independence through training and support, in order to provide the resident with an                                     
13 environment suited to the resident's needs and best interests; and                                                      
14   (2)  recognize the shared responsibility of the home and the resident or                                             
15 the resident's representative to evaluate the risks associated with each option when                                    
16 making decisions pertaining to the resident's abilities, preferences, and service needs.                                
17  (b)  An assisted living plan for a resident must identify and describe                                                
18   (1)  the resident's specific strengths and limitations in performing the                                             
19 activities of daily living;                                                                                             
20   (2)  any physical disabilities and impairments, and the medical, health,                                             
21 emotional, mental health, or other problems that are relevant to the services needed by                                 
22 the resident;                                                                                                           
23   (3)  the resident's preference in roommates, living environment, food,                                               
24 recreational activities, religious affiliation, and relationships and visitation with friends,                          
25 family members, and others;                                                                                             
26   (4)  any specific activities of daily living with which the resident needs                                           
27 assistance;                                                                                                             
28   (5)  how assistance with the activities of daily living will be provided                                             
29 or arranged for by the home;                                                                                            
30   (6)  the frequency of the resident's training for independent living, if                                             
31 habilitation is part of the plan;                                                                                       

01   (7)  the resident's need for personal assistance and how those needs will                                            
02 be met by home staff or another service provider from the community;                                                    
03   (8)  the resident's need for health-related services and how that need                                               
04 will be met;                                                                                                            
05   (9)  the resident's reasonable wants and the services that will be used                                              
06 to meet those wants.                                                                                                    
07  (c)  The assisted living home shall ensure that a registered nurse licensed under                                     
08 AS 08.68 reviews the portion of an assisted living plan that describes how the                                          
09 resident's need for health-related services will be met.                                                                
10  (d)  An assisted living home shall prepare a resident's assisted living plan in                                       
11 writing, in language that can be understood by the resident.                                                            
12  (e)  If an individual's reasonable wants and needs can be met by a particular                                         
13 assisted living home and a decision is made to admit the individual to that home, the                                   
14 assisted living plan shall be approved, dated, and signed by the administrator of that                                  
15 home and either the resident or the resident's representative.                                                          
16  (f)  The assisted living plan shall be retained by the home in the resident's file.                                   
17 The home shall provide a copy of the plan to the resident and to the resident's                                         
18 representative, if any.                                                                                                 
19  Sec. 47.33.240.  EVALUATION OF ASSISTED LIVING PLAN.  (a)  An                                                         
20 assisted living home resident or the resident's representative, and the home                                            
21 administrator or the administrator's designee, shall evaluate the resident's assisted                                   
22 living plan, determine whether the plan is meeting the resident's reasonable wants and                                  
23 needs, and revise the plan if necessary.  At the request of the resident or the resident's                              
24 representative, the resident's service coordinator, if any, and family members may                                      
25 participate in the evaluation.  For a resident admitted for health problems, the                                        
26 evaluation must be done at three-month intervals.  For a resident admitted for reasons                                  
27 other than health problems, the evaluation must be done at least at one-year intervals,                                 
28 and must be done more often if requested by the resident, the resident's representative,                                
29 or the home.                                                                                                            
30  (b)  The administrator or the administrator's designee shall (1) document the                                         
31 results of the evaluation in the resident's record; (2) sign and date any revisions to the                              

01 resident's assisted living plan; (3) place a copy of the revisions in the resident's file;                              
02 and (4) provide the resident and the resident's representative, if any, with a copy of                                  
03 the revisions.                                                                                                          
04 ARTICLE 3.  RESIDENTS' RIGHTS.                                                                                          
05  Sec. 47.33.300.  RESIDENTS' RIGHTS.  (a)  A resident of an assisted living                                            
06 home has the right to                                                                                                   
07   (1)  live in a safe and sanitary environment;                                                                        
08   (2)  be treated with consideration and respect for personal dignity,                                                 
09 individuality, and the need for privacy, including                                                                      
10   (A)  privacy in a medical examination or health-related                                                             
11 consultation;                                                                                                           
12   (B)  privacy in the resident's room or portion of a room;                                                           
13   (C)  privacy in bathing and toileting, except for any assistance                                                    
14 in those activities that is specified in the resident's assisted living plan; and                                       
15   (D)  privacy in the maintenance of personal possessions and the                                                     
16 right to keep at least one cabinet or drawer locked;                                                                    
17   (3)  possess and use personal clothing and other personal property,                                                  
18 unless the home can demonstrate that the possession or use of certain personal property                                 
19 would be unsafe or an infringement of the rights of other residents;                                                    
20   (4)  engage in private communications, including                                                                     
21   (A)  receiving and sending unopened correspondence;                                                                 
22   (B)  having access to a telephone, or having a private telephone                                                    
23 at the resident's own expense; and                                                                                      
24   (C)  visiting with persons of the resident's choice, subject to                                                     
25 visiting hours established by the home;                                                                                 
26   (5)  close the door of the resident's room at any time, including during                                             
27 visits in the room with guests or other residents;                                                                      
28   (6)  participate in and benefit from community services and activities                                               
29 to achieve the highest possible level of independence, autonomy, and interaction with                                   
30 the community;                                                                                                          
31   (7)  manage the resident's own money;                                                                                

01   (8)  participate in the development of the resident's assisted living plan;                                          
02   (9)  share a room with a spouse if both are residents of the home;                                                   
03   (10)  have a reasonable opportunity to exercise at least several times a                                             
04 week, and to go outdoors at regular and frequent intervals, when weather permits;                                       
05   (11)  exercise civil and religious liberties;                                                                        
06    (12)  have access to adequate and appropriate health care and health                                                
07 care providers of the resident's own choosing, consistent with established and                                          
08 recognized standards within the community;                                                                              
09   (13)  self-administer the resident's own medications, unless specifically                                            
10 provided otherwise in the resident's assisted living plan;                                                              
11   (14)  receive meals that are consistent with religious or health-related                                             
12 restrictions;                                                                                                           
13   (15)  receive the prior notice of relocation of the home or involuntary                                              
14 discharge of the resident required by AS 44.47.080 and 44.47.360, respectively;                                         
15   (16)  present to the home grievances and recommendations for change                                                  
16 in the policies, procedures, or services of the home;                                                                   
17   (17)  have access to and participate in advocacy or special interest                                                 
18 groups;                                                                                                                 
19   (18)  intervene or participate in, or refrain from participating in,                                                 
20 adjudicatory proceedings held under this chapter, unless provided otherwise by other                                    
21 law; and                                                                                                                
22   (19)  reasonable access to home files relating to the resident, subject to                                           
23 the constitutional right of privacy of other residents of the home.                                                     
24  (b)  An assisted living home may not establish or apply a policy, procedure, or                                       
25 rule that is inconsistent with or contrary to a right provided by this section or by other                              
26 law.                                                                                                                    
27  Sec. 47.33.310.  NOTICE OF RIGHTS.  (a)  At the time an individual is                                                 
28 admitted as a resident of an assisted living home, the home shall provide the resident                                  
29 and the resident's representative, if any, with a copy of the rights set out in                                         
30 AS 47.33.300.  The home shall obtain from the resident or the resident's representative                                 
31 a signed and dated acknowledgement stating that the resident has read or been read the                                  

01 rights, understands the rights, and has had any questions about the rights answered by                                  
02 the home.                                                                                                               
03  (b)  An assisted living home shall post in a prominent place in the home                                              
04   (1)  a copy of the rights set out in AS 47.33.300;                                                                   
05   (2)  the name, address, and phone number of the long term care                                                       
06 ombudsman hired under AS 44.21.231 and, if relevant to residents, of the advocacy                                       
07 agency for persons with a developmental disability or mental illness;                                                   
08   (3)  the telephone number of an information or referral service for                                                  
09 vulnerable adults; and                                                                                                  
10   (4)  a copy of the grievance procedure established under AS 47.33.340.                                               
11  Sec. 47.33.320.  ACCESS TO ASSISTED LIVING HOME.  An assisted living                                                  
12 home shall allow advocates, representatives of community organizations, and                                             
13 representatives of community legal services programs access to the home, at reasonable                                  
14 times, to                                                                                                               
15   (1)  visit with residents of the home and to make personal, social, and                                              
16 legal services available to residents;                                                                                  
17   (2)  distribute educational and informational materials to advise residents                                          
18 and their representatives of their rights; and                                                                          
19   (3)  assist residents or residents' representatives in asserting legal rights                                        
20 or claims.                                                                                                              
21  Sec. 47.33.330.  PROHIBITIONS.  (a)  An assisted living home, including staff                                         
22 of the home, may not                                                                                                    
23   (1)  deprive a resident of the home of the rights, benefits, or privileges                                           
24 guaranteed to the resident by law;                                                                                      
25   (2)  enter a resident's room without first obtaining permission, except                                              
26   (A)  during regular, previously announced, fire, sanitation, or                                                     
27 other licensing inspections;                                                                                            
28   (B)  when a condition or situation presents an imminent danger;                                                     
29   (C)  as required by the resident's assisted living                                                                  
30 plan; or                                                                                                                
31   (D)  for other vital health or safety reasons;                                                                      

01   (3)  impose religious beliefs or practices upon a resident or require a                                              
02 resident to attend religious services;                                                                                  
03   (4)  place a resident under physical restraint unless the resident's own                                             
04 actions present an imminent danger to the resident or others;                                                           
05   (5)  place a resident under chemical restraint; this paragraph does not                                              
06 prevent a resident from voluntarily taking tranquilizers, or other medication, prescribed                               
07 by a licensed physician;                                                                                                
08   (6)  compel a resident to perform services for the home, except as                                                   
09 contracted for by the resident and the home or as provided for in the resident's assisted                               
10 living plan; or                                                                                                         
11   (7)  restrain, interfere with, coerce, discriminate against, or retaliate                                            
12 against a resident for asserting a right specified by this chapter or by other law.                                     
13  (b)  An assisted living home may not physically restrain a resident unless the                                        
14 home has a written physical restraint procedure that has been approved by the licensing                                 
15 agency.  If an assisted living home physically restrains a resident because the                                         
16 resident's own actions present an imminent danger to the resident or others, the home                                   
17 shall immediately seek assistance from appropriate medical, emergency, or police                                        
18 personnel and shall notify the resident's representative, if any.  The home shall                                       
19 terminate the physical restraint as soon as the resident no longer presents an imminent                                 
20 danger.                                                                                                                 
21  (c)  An owner, administrator, employee, or agent of an assisted living home                                           
22 may not act as a representative of a resident.                                                                          
23  Sec. 47.33.340.  RESIDENT GRIEVANCE PROCEDURE.  (a)  An assisted                                                      
24 living home shall establish a written grievance procedure for handling complaints of                                    
25 residents of the home.  At the time an individual is admitted as a resident of an                                       
26 assisted living home, the home shall give a copy of the grievance procedure to the                                      
27 resident and the resident's representative, if any.                                                                     
28  (b)  The grievance procedure established under this section shall provide that                                        
29 a resident and the resident's representative have the right to                                                          
30   (1)  present both a written and an oral explanation of the resident's                                                
31 grievance;                                                                                                              

01   (2)  have an advocate of the resident's choice, and the resident's                                                   
02 representative, if any, attend meetings concerning the resident's grievance; and                                        
03   (3)  be notified in writing, within 30 days after the filing of the                                                  
04 grievance, of the final decision of the home regarding the grievance.                                                   
05  Sec. 47.33.350.  RETALIATION AGAINST HOME RESIDENT.  (a)  An                                                          
06 assisted living home may not take retaliatory action against a resident of that home if                                 
07 the resident or the resident's representative                                                                           
08   (1)  exercises a right provided by this chapter or by other law;                                                     
09   (2)  appears as a witness, or refuses to appear as a witness, in an                                                  
10 adjudicatory proceeding regarding the home;                                                                             
11   (3)  files a civil action alleging a violation of this chapter; or                                                   
12   (4)  claims a violation of this chapter before a state or federal agency                                             
13 having jurisdiction over the home or its employees.                                                                     
14  (b)  Discharge of a resident by an assisted living home within 60 days after the                                      
15 resident engages in an activity described in (a) of this section creates a rebuttable                                   
16 presumption that the discharge was retaliatory.                                                                         
17  (c)  At the time, or before, an individual is admitted as a resident of an assisted                                   
18 living home, the home shall give the resident and the resident's representative, if any,                                
19 written notice of the protection from retaliation provided under this section.                                          
20  Sec. 47.33.360.  INVOLUNTARY DISCHARGE.  (a)  An assisted living home                                                 
21 may not discharge a resident of the home against the resident's will, except                                            
22   (1)  for medical reasons;                                                                                            
23   (2)  for engaging in a documented pattern of conduct that is harmful to                                              
24 other residents or to home staff;                                                                                       
25   (3)  for violation of the terms of the admission contract, including                                                 
26 failure to pay costs incurred under the contract;                                                                       
27   (4)  when emergency discharge is ordered by the resident's physician;                                                
28   (5)  when the home is closing; or                                                                                    
29   (6)  when the home can no longer provide or arrange for services in                                                  
30 accordance with the resident's needs and the resident's assisted living plan.                                           
31  (b)  At least 30 days before discharging a resident under (a)(2), (3), (5), or (6)                                    

01 of this section, the assisted living home shall provide written notice of the proposed                                  
02 discharge to the resident or the resident's representative, and to the resident's service                               
03 coordinator if any.  The notice shall state                                                                             
04    (1)  the basis for the discharge;                                                                                   
05   (2)  the resident's right to contest the discharge, in the manner provided                                           
06 in the resident's admission contract; and                                                                               
07   (3)  the time and date of the case conference required under (c) of this                                             
08 section.                                                                                                                
09  (c)  Before discharging a resident under (a)(2), (3), (5), or (6) of this section,                                    
10 the assisted living home shall hold a case conference in which the resident; the                                        
11 resident's representative, if any; the resident's advocate, if any; the resident's service                              
12 coordinator, if any; the home administrator; and appropriate care providers determine                                   
13 the appropriateness of the discharge based on an assessment of                                                          
14   (1)  the resident's needs and preferences;                                                                           
15   (2)  the ability of the assisted living home, alternative facilities, family                                         
16 members, friends, or other individuals or agencies to provide the care and services the                                 
17 resident requires;                                                                                                      
18   (3)  the benefits and risks involved with alternatives to discharge and                                              
19 the shared responsibility of the assisted living home and the resident in assuming risks                                
20 associated with the alternatives; and                                                                                   
21   (4)  the proximity of alternative facilities to the resident's family and                                            
22 friends.                                                                                                                
23  (d)  If a home discharges a resident under this section, the home shall cooperate                                     
24 with the resident; the resident's service coordinator, if any; and the resident's                                       
25 representative, if any, in making arrangements to relocate the resident.                                                
26 ARTICLE 4.  LICENSING.                                                                                                  
27  Sec. 47.33.400.  LICENSE REQUIRED.  (a)  A person may not maintain or                                                 
28 operate an assisted living home that is subject to this chapter unless that home is                                     
29 licensed under this chapter.                                                                                            
30  (b)  A person may not use the term "assisted living home" or "assisted living                                         
31 facility" in connection with services to be provided or obtained unless the home or                                     

01 facility meets the definition of an assisted living home in AS 47.33.010(b).                                            
02  (c)  To be licensed as an assisted living home, a facility must meet the                                              
03 licensure requirements of this chapter and of regulations adopted under this chapter.                                   
04  (d)  Nothing in this chapter prohibits an assisted living home that is licensed                                       
05 under this chapter and that serves five or fewer residents from using the term "adult                                   
06 foster home" or "assisted living foster home" in connection with that facility.                                         
07  Sec. 47.33.410.  LICENSING AGENCY.  (a)  The Department of Health and                                                 
08 Social Services is the licensing agency responsible for licensing assisted living homes                                 
09 that will be providing care primarily to individuals with a mental or developmental                                     
10 disability.                                                                                                             
11  (b)  The Department of Administration is the licensing agency responsible for                                         
12 licensing assisted living homes that will be providing care primarily to individuals who                                
13 have a physical disability, who are elderly, or who suffer from dementia, but who are                                   
14 not diagnosed as chronically mentally ill.                                                                              
15  (c)  The Department of Administration and the Department of Health and                                                
16 Social Services shall confer and jointly determine, in accordance with regulations, the                                 
17 appropriate licensing agency for an assisted living home                                                                
18   (1)  that, at the time of application for a license, appears to meet                                                 
19 the criteria in both (a) and (b) of this section;                                                                       
20   (2)  for which, at the time of application for a license, the                                                        
21 appropriate licensing agency is not clear under the criteria in (a) and (b) of this                                     
22 section;                                                                                                                
23   (3)  that, during the term of a license issued under this chapter,                                                   
24 wishes to relinquish the license issued by one licensing agency and replace the                                         
25 license with one issued by the other licensing agency; or                                                               
26   (4)  that, at the time of the assisted living home's license                                                         
27 renewal under this chapter, is described in (1), (2), or (3) of this subsection.                                        
28  (d)  A licensing agency shall                                                                                         
29   (1)  establish, by regulation, requirements and standards for licensure                                              
30 and renewal of a license under this chapter;                                                                            
31   (2)  license assisted living homes in accordance with this chapter and                                               

01 regulations adopted under this chapter;                                                                                 
02   (3)  investigate license applicants and licensees for compliance with this                                           
03 chapter; and                                                                                                            
04   (4)  enforce the standards established by this chapter and regulations                                               
05 adopted under this chapter.                                                                                             
06  (e)  The Department of Administration and the Department of Health and                                                
07 Social Services shall jointly adopt regulations to implement the provisions of (c) of this                              
08 section, including regulations providing procedures and standards for determining the                                   
09 appropriate licensing agency for an assisted living home and for relinquishing and                                      
10 replacing a license issued under this chapter.                                                                          
11  (f)  Under procedures and standards of operation established by the licensing                                         
12 agency by regulation, a licensing agency may contract with private or municipal                                         
13 agencies to investigate and make recommendations to the licensing agency for the                                        
14 licensing of assisted living homes.                                                                                     
15  Sec. 47.33.420.  STANDARD FORMS.  The Department of Health and Social                                                 
16 Services and the Department of Administration shall cooperatively develop standard                                      
17 forms that assisted living homes may use to comply with the requirements of this                                        
18 chapter.                                                                                                                
19  Sec. 47.33.430.  AUTHORITY OF STATE AGENCIES TO IMPOSE                                                                
20 ADDITIONAL REQUIREMENTS.   The provisions of this chapter do not preclude                                               
21 a state agency from imposing additional requirements or standards on an assisted living                                 
22 home in order for the home to receive state or federal payment for services.                                            
23  ARTICLE 5.  COMPLAINT, INVESTIGATION, AND ADJUDICATORY                                                                 
24 PROCEDURES; SANCTIONS; PENALTIES.                                                                                       
25  Sec. 47.33.500.  COMPLAINT.  (a)  A person who believes that a provision                                              
26 of this chapter or of a regulation adopted under this chapter has been violated may file                                
27 a complaint with the appropriate licensing agency.                                                                      
28  (b)  The licensing agency shall investigate a complaint filed under this section                                      
29 unless the agency reasonably concludes that the complaint is without merit.                                             
30  (c)  Unless disclosure is required by court order, the licensing agency may not                                       
31 disclose the identity of a complainant, or of a resident on whose behalf a complaint                                    

01 is filed, without the consent of the complainant or the resident or the resident's                                      
02 representative.                                                                                                         
03  Sec. 47.33.510.  IMMUNITY.  A person who files a complaint concerning a                                               
04 suspected violation of this chapter or of a regulation adopted under this chapter, or                                   
05 who testifies in an administrative or judicial proceeding arising from a complaint                                      
06 concerning a suspected violation of this chapter or of a regulation adopted under this                                  
07 chapter, is immune from civil liability for the filing or testifying unless the person                                  
08 acted in bad faith or with malicious purpose.                                                                           
09  Sec. 47.33.520.  INVESTIGATION.  (a)  A licensing agency may investigate                                              
10 an assisted living home at any time to determine whether the home is in compliance                                      
11 with this chapter and regulations adopted under this chapter.                                                           
12  (b)  An assisted living home that is the subject of an investigation shall give                                       
13 the licensing agency access to                                                                                          
14   (1)  the home;                                                                                                       
15   (2)  all records relating to the operation of the home;                                                              
16   (3)  all resident files; and                                                                                         
17   (4)  the residents and employees of the home.                                                                        
18  (c)  The licensing agency shall prepare a written report of the investigation that                                    
19 summarizes its findings, and shall provide a copy of the report to the assisted living                                  
20 home that is the subject of the investigation and to the complainant, if any, if the                                    
21 complainant requests a copy.                                                                                            
22  (d)  The assisted living home may submit to the licensing agency a written                                            
23 response to the investigation report.  The licensing agency shall retain the home's                                     
24 response with the record of the complaint.                                                                              
25  (e)  Except as otherwise provided in AS 47.33.500(c), completed investigation                                         
26 reports and responses from homes are public records.                                                                    
27  Sec. 47.33.530.  NOTICE OF VIOLATION.  (a)  If the licensing agency                                                   
28 determines that an assisted living home has violated a provision of this chapter or of                                  
29 a regulation adopted under this chapter, the licensing agency shall prepare a written                                   
30 notice of violation that contains                                                                                       
31   (1)  a description of the violation;                                                                                 

01   (2)  a citation to the statute or regulation that has been violated;                                                 
02   (3)  an order requiring the home to correct the violation by the time                                                
03 specified in the order, not to exceed 90 days after the date the home receives the                                      
04 notice of violation;                                                                                                    
05   (4)  a statement of the requirement for filing a report of compliance                                                
06 under AS 47.33.540;                                                                                                     
07   (5)  notice of the sanctions that may be imposed under this chapter if                                               
08 the home fails to timely file a report of compliance or fails to correct the violation;                                 
09 and                                                                                                                     
10   (6)  notice of the right to apply for a variance, if applicable under                                                
11 licensing agency regulations.                                                                                           
12  (b)  The licensing agency shall serve the notice of violation on the home in                                          
13 person, or by certified mail, return receipt requested.                                                                 
14  Sec. 47.33.540.  REPORT OF COMPLIANCE.  (a)  After correcting a violation                                             
15 described in a notice of violation served under AS 47.33.530, an assisted living home                                   
16 shall submit to the licensing agency a report of compliance regarding the correction.                                   
17  (b)  Each licensing agency shall adopt regulations specifying the contents of                                         
18 and establishing procedures for reports of compliance, including the time period for                                    
19 submission to the licensing agency under (a) of this section.                                                           
20  Sec. 47.33.550.  ADMINISTRATIVE SANCTIONS.  (a)  A licensing agency                                                   
21 may revoke an assisted living home license, deny renewal of an assisted living home                                     
22 license, suspend operations of an assisted living home, suspend admissions to an                                        
23 assisted living home, or assess an administrative fine, as the agency considers                                         
24 appropriate, on one or more of the following grounds:                                                                   
25   (1)  a violation of a provision of this chapter, a regulation adopted under                                          
26 this chapter, an order in a notice of violation issued under this chapter, or a term of                                 
27 a license issued under this chapter;                                                                                    
28   (2)  a criminal conviction of an administrator of an assisted living home                                            
29 if the conviction                                                                                                       
30   (A)  is for an offense involving a resident of the home;                                                            
31   (B)  is a felony; or                                                                                                

01   (C)  is a misdemeanor involving alcohol, a controlled substance,                                                    
02 an imitation controlled substance, or physical or sexual abuse;                                                         
03   (3)  obtaining, retaining, or attempting to obtain or retain a license under                                         
04 this chapter by fraud or misrepresentation.                                                                             
05  (b)  An administrative fine assessed under this section may not exceed $500 a                                         
06 day for each day that a violation continues, and may not exceed a total of $5,000 for                                   
07 a violation.                                                                                                            
08  (c)  Before imposing an administrative sanction under (a) of this section, the                                        
09 licensing agency shall give the assisted living home a written notice of the imposition                                 
10 of administrative sanction.  The notice must contain a form for requesting a hearing                                    
11 under (d) of this section, and must describe                                                                            
12   (1)  each sanction to be imposed;                                                                                    
13   (2)  the violation that is the basis of each sanction; and                                                           
14   (3)  the home's right to request a hearing to contest the sanctions.                                                 
15  (d)  An assisted living home may contest a licensing agency's decision to                                             
16 impose an administrative sanction by filing a written request for a hearing, on the form                                
17 provided by the licensing agency, no later than 10 days after receipt of the notice of                                  
18 administrative sanction.                                                                                                
19  (e)  Unless an administrative sanction is related to a violation that presents an                                     
20 imminent danger to the health or safety of the residents of an assisted living home, the                                
21 sanction may not be imposed until                                                                                       
22   (1)  the time period for requesting a hearing under (d) of this section has                                          
23 passed without a hearing being requested; or                                                                            
24   (2)  the licensing agency renders a final decision following a hearing                                               
25 requested under (d) of this section.                                                                                    
26  (f)  If an assisted living home requests a hearing under (d) of this section the                                      
27 hearing shall be held within 60 days after the licensing agency receives the request.                                   
28 The department's decision following a hearing under this section is a final                                             
29 administrative order.                                                                                                   
30  (g)  If an assisted living home does not request a hearing under (d) of this                                          
31 section, the licensing agency's notice of administrative sanction constitutes a final                                   

01 administrative order, for which the licensing agency may seek the court's assistance                                    
02 in enforcing.                                                                                                           
03  (h)  A licensing agency shall provide notice of the agency's final action                                             
04 regarding imposition of an administrative sanction on an assisted living home to                                        
05   (1)  each resident of the home;                                                                                      
06   (2)  the agencies that provide treatment to the residents;                                                           
07   (3)  the residents' service coordinators; and                                                                        
08   (4)  adult protective services.                                                                                      
09  (i)  Imposition of an administrative sanction under this section does not                                             
10 preclude imposition of a criminal penalty under AS 47.33.570.                                                           
11  Sec. 47.33.560.  ADMINISTRATIVE PROCEDURES.  (a)  Except as                                                           
12 otherwise provided in this chapter, administrative proceedings involving the denial,                                    
13 limitation, suspension, or revocation of a license or the assessment of an administrative                               
14 fine under this chapter shall be conducted under AS 44.62 (Administrative Procedure                                     
15 Act).                                                                                                                   
16  (b)  An administrative hearing held under this chapter shall be open to the                                           
17 public unless the hearing officer determines that the hearing should be closed to protect                               
18 the privacy of a resident of an assisted living home.                                                                   
19  (c)  A resident may intervene as a party in an adjudicatory proceeding held                                           
20 under this chapter if the home in which that individual resides is a party to the                                       
21 proceeding.                                                                                                             
22  (d)  At least 30 days before a hearing is held under this chapter, the licensing                                      
23 agency shall give notice of the hearing to each resident of the assisted living home that                               
24 is the subject of the hearing.                                                                                          
25  Sec. 47.33.570.  CRIMINAL PENALTY.  A person who violates                                                             
26 AS 44.33.400(a) or (b) is guilty of a class B misdemeanor.                                                              
27 ARTICLE 6.  GENERAL PROVISIONS.                                                                                         
28  Sec. 47.33.910.  FEES.  A licensing agency may charge and collect fees for                                            
29 application and licensure under this chapter.                                                                           
30  Sec. 47.33.920.  REGULATIONS.  The commissioner of health and social                                                  
31 services and the commissioner of administration each may adopt regulations to carry                                     

01 out the provisions of this chapter, including regulations regarding licensure and                                       
02 renewal requirements, license application and renewal procedures; application and                                       
03 license fees; types, duration, renewal, and transferability of licenses; staffing and home                              
04 operation standards; and variances to licensure and operating standards.  Regulations                                   
05 adopted under this chapter may provide for the waiver or modification of the                                            
06 requirements of this chapter for homes with fewer than six residents.                                                   
07  Sec. 47.33.990.  DEFINITIONS.  In this chapter,                                                                       
08   (1)  "activities of daily living" means walking, eating, dressing, bathing,                                          
09 toileting, and transfer between a bed and a chair;                                                                      
10   (2)  "administrator" means an individual who has general administrative                                              
11 charge and oversight of an assisted living home;                                                                        
12   (3)  "adult" means an individual 18 years of age or older who is not a                                               
13 ward of the state under AS 47.10.080;                                                                                   
14   (4)  "advocate" means a public or private officer, agency, or                                                        
15 organization designated by federal or state statute, or a state plan developed under a                                  
16 federal or state statute, to represent the interests of and speak on behalf of a resident                               
17 of an assisted living home;                                                                                             
18   (5)  "aging in place" means choosing to remain in a familiar living                                                  
19 environment and manage the risks associated with the physical or mental decline that                                    
20 can occur with increasing age;                                                                                          
21   (6)  "assisted living home" has the meaning given in AS 47.33.010;                                                   
22    (7)  "assisted living plan" means a written description of                                                          
23   (A)  an individual's functional capabilities;                                                                       
24   (B)  the individual's needs and preferences for assistance with                                                     
25 the activities of daily living; and                                                                                     
26   (C)  the services to be provided to meet the individual's                                                           
27 reasonable wants and needs;                                                                                             
28   (8)  "controlled substance" has the meaning given in AS 11.71.900;                                                   
29   (9)  "health-related services" means services described in                                                           
30 AS 47.33.020(a) - (g);                                                                                                  
31   (10)  "home" means an assisted living home;                                                                          

01   (11)  "imitation controlled substance" has the meaning given in                                                      
02 AS 11.73.099;                                                                                                           
03   (12)  "imminent danger" means a danger that could reasonably be                                                      
04 expected to cause death or serious physical harm to a resident;                                                         
05   (13)  "individual with a developmental disability" has the meaning given                                             
06 the term "person with a developmental disability" in AS 47.80.900;                                                      
07   (14)  "instrumental activities of daily living" means doing laundry,                                                 
08 cleaning of living areas, food preparation, managing money and conducting business                                      
09 affairs, using public transportation, writing letters, obtaining appointments, using the                                
10 telephone, and engaging in recreational or leisure activities;                                                          
11   (15)  "licensing agency" means the state agency given authority under                                                
12 AS 47.33.410 to license an assisted living home;                                                                        
13   (16)  "personal assistance" means the provision by an assisted living                                                
14 home of one or more of the following personal services to a resident of the home:                                       
15   (A)  assisting a resident in obtaining supportive services as                                                       
16 provided for in the resident's assisted living plan;                                                                    
17   (B)  assisting a resident in obtaining instrumental activities of                                                   
18 daily living, as provided for in the resident's assisted living plan;                                                   
19   (C)  being aware of a resident's general whereabouts while the                                                      
20 resident is traveling independently in the community;                                                                   
21   (D)  monitoring a resident's activities while on the home                                                           
22 premises to provide for the resident's and others' safety and well-being;                                               
23   (17)  "physician's statement" means a written statement by an                                                        
24 individual's primary physician that includes                                                                            
25   (A)  a medical history and physical, not older than six months,                                                     
26 of the individual;                                                                                                      
27   (B)  a listing of the individual's complete current medicine                                                        
28 regimen; and                                                                                                            
29   (C)  a statement of current therapy regimen necessary to                                                            
30 maintain or increase the individual's functioning, mobility, or independence;                                           
31   (18)  "resident" means an adult who has been admitted to and resides                                                 

01 in an assisted living home;                                                                                             
02   (19)  "representative" means a guardian, conservator, attorney in fact,                                              
03 or other person designated by a court, or in writing by a legally competent individual,                                 
04 to act on behalf of that individual;                                                                                    
05   (20)  "service coordinator" means an individual who is responsible for                                               
06   (A)  coordinating the services of community agencies that                                                           
07 provide services to a resident of an assisted living home;                                                              
08   (B)  participating in inter-agency case management for a                                                            
09 resident; or                                                                                                            
10   (C)  planning for the placement of an individual in an assisted                                                     
11 living home;                                                                                                            
12   (21)  "supportive services" means recreational and leisure activities,                                               
13 transportation, social services, legal services, financial management services,                                         
14 educational and vocational services, medical, dental, and other health care services,                                   
15 habilitation or rehabilitation services, respite services, case management, day care, and                               
16 other services required to meet a resident's needs.                                                                     
17    * Sec. 2.  AS 36.30.850(b)(19) is amended to read:                                                                   
18   (19)  contracts for home health care provided under regulations                                                     
19 adopted by the Department of Health and Social Services and for adult residential                                    
20 [AND FOSTER] care services provided under regulations adopted by the Department                                         
21 of Health and Social Services or by the Department of Administration;                                                 
22    * Sec. 3.  AS 44.21.240(2) is amended to read:                                                                       
23   (2)  "long term care facility" means an assisted living home [A                                                    
24 FOSTER HOME OR OTHER RESIDENTIAL FACILITY FOR DEPENDENT                                                                 
25 ADULTS] that is required to be licensed under AS 47.33 [AS 47.35] and a nursing                                       
26 home as defined in AS 08.70.180.                                                                                        
27    * Sec. 4.  AS 44.62.330(a) is amended by adding a new paragraph to read:                                             
28   (59)  the Department of Health and Social Services and the Department                                                
29 of Administration as to the licensing and regulation of assisted living homes under                                     
30 AS 47.33.                                                                                                               
31    * Sec. 5.  AS 47.35.010(a) is amended to read:                                                                       

01  (a)  The department may                                                                                               
02   (1)  license and supervise boarding homes, foster homes, group homes,                                                
03 nurseries, and institutions caring for children [AND FOSTER HOMES, GROUP                                              
04 HOMES AND INSTITUTIONS CARING FOR DEPENDENT ADULTS];                                                                    
05   (2)  investigate and supervise licensees;                                                                            
06   (3)  enforce the standards established by it;                                                                        
07   (4)  contract with private or municipal agencies to investigate and make                                             
08 recommendations to the department for the licensing and supervision of boarding                                         
09 homes, foster homes, group homes, nurseries, and institutions caring for children                                     
10 [AND FOSTER HOMES, GROUP HOMES AND INSTITUTIONS CARING FOR                                                              
11 DEPENDENT ADULTS] under procedures and standards of operation established by                                            
12 the department; contracts with private agencies under this paragraph are governed by                                    
13 AS 36.30 (State Procurement Code).                                                                                      
14    * Sec. 6.  AS 47.35.020 is amended to read:                                                                          
15  Sec. 47.35.020.  LICENSE OR PERMIT REQUIRED FOR CERTAIN CARE                                                          
16 FACILITIES.  A person may not, without a license or permit to do so,                                                    
17   (1)  maintain or conduct, for more than 90 days, a boarding home, foster                                             
18 home, group home, institution, or other place for the regular reception or care of                                      
19 children under 16 years of age[, OR A FOSTER HOME, GROUP HOME, OR                                                       
20 INSTITUTION FOR THE CARE OF DEPENDENT ADULTS]; or                                                                       
21   (2)  engage in the business of receiving or caring for children under 14                                             
22 years of age, with or without compensation, in a nursery in which five or more                                          
23 children not related by blood or marriage, or legal adoption, to the owner, operator, or                                
24 manager of the business are lodged.                                                                                     
25    * Sec. 7.  AS 47.35.035(a) is amended to read:                                                                       
26  (a)  A person may not be licensed under this chapter to maintain or conduct a                                         
27 foster home for children under the age of 18 unless the person has completed an                                       
28 orientation for foster parents approved by the department.  An orientation required                                     
29 under this subsection must provide information about foster care regulations, policies,                                 
30 and procedures; practical instruction about the realities of caring for a child who is                                  
31 placed in a foster home; and other appropriate information.                                                             

01    * Sec. 8.  AS 47.35.040(e) is amended to read:                                                                       
02  (e) The department shall give written notice of revocation or modification under                                      
03 (b) of this section 30 days before the effective date of the action. However, if the                                    
04 health or well-being of children [OR DEPENDENT ADULTS] is in jeopardy, the                                              
05 revocation or modification action is effective immediately upon the issuance of written                                 
06 notice by the department.                                                                                               
07    * Sec. 9.  AS 47.35.060 is amended to read:                                                                          
08  Sec. 47.35.060.  RECORDS REQUIRED.  Each licensee or permit holder shall                                              
09 keep records regarding each child [OR ADULT] in its control and care, or placed by                                      
10 it, that the department prescribes, and shall report to the department the facts that the                               
11 department requires with reference to the children [OR ADULTS].  All records                                            
12 regarding individuals placed for care in an institution or home under this chapter are                                  
13 confidential and shall be safeguarded from improper disclosure by the agency or                                         
14 department.                                                                                                             
15    * Sec. 10.  AS 47.35.900(3) is amended to read:                                                                      
16   (3)  "facility" means the administration, program, and physical plant of                                             
17 a nursery caring for children, or a foster home, group home, or institution caring for                                  
18 children [OR DEPENDENT ADULTS];                                                                                         
19    * Sec. 11.  AS 47.80.140 is amended to read:                                                                         
20  Sec. 47.80.140.  LICENSING AND CERTIFICATES OF NEED.  (a)  A person                                                   
21 may not establish or operate a residential facility without first obtaining a license to                                
22 do so.  The department by regulation shall provide for licensing of residential facilities                              
23 that are not within the licensing provisions of AS 18.20.010 - 18.20.130, AS 47.33,                                   
24 AS 47.35.010 - 47.35.080 or other law requiring state licensing of such facilities.                                     
25 Regulations of the department must include but need not be limited to (1) standards                                     
26 of operation promoting and protecting public health, safety, and welfare, and (2)                                       
27 procedures governing applications for and issuance of licenses and duration, renewal,                                   
28 and revocation of licenses for cause.  The department may at reasonable times inspect                                   
29 and examine residential facilities licensed under this subsection for conformity with                                   
30 licensing requirements.                                                                                                 
31  (b)  A certificate of need is required as a prerequisite for licensing a residential                                  

01 facility established after July 1, 1978 and not otherwise provided for in AS 18.07.031 -18.07.111.  A certificate shall 
02 be issued and regulated in the same manner as provided                                                                  
03 in AS 18.07.031 - 18.07.111 for certificates of need for health care facilities.  This                                 
04 subsection does not apply to an assisted living home licensed under AS 47.33.                                          
05    * Sec. 12.  AS 47.35.075 is repealed.                                                                                
06    * Sec. 13.  TRANSITION.  Regulations relating to licensure of residential facilities for                             
07 dependent adults, adopted by the Department of Health and Social Services under authority                               
08 of AS 47.35 and in effect before January 1, 1995, remain in effect, and may be implemented                              
09 and enforced by the Department of Health and Social Services, until regulations relating to                             
10 assisted living homes are adopted by the Department of Health and Social Services and the                               
11 Department of Administration under AS 47.33, and take effect.  Litigation, hearings,                                    
12 investigation, and other proceedings pending under a law amended or repealed by this Act,                               
13 or in connection with functions transferred by this Act, continue in effect and may be                                  
14 continued and completed notwithstanding a transfer, amendment, or repeal provided for in this                           
15 Act.                                                                                                                    
16    * Sec. 14.  REGULATIONS.  Notwithstanding sec. 16 of this Act, the Department of                                     
17 Health and Social Services and the Department of Administration may proceed to adopt                                    
18 regulations necessary to implement the changes made by this Act.  The regulations may not                               
19 take effect before January 1, 1995.                                                                                     
20    * Sec. 15.  Section 14 of this Act takes effect immediately under AS 01.10.070(c).                                   
21    * Sec. 16.  Sections 1 - 13 of this Act take effect January 1, 1995.