CSSB 249(HES): "An Act relating to assisted living homes; relating to the conversion of an assisted living home to a nursing home; repealing references to residential facilities for dependent adults; abolishing the authority of certain municipalities to license or supervise institutions caring for dependent adults; and providing for an effective date."
00CS FOR SENATE BILL NO. 249(HES) 01 "An Act relating to assisted living homes; relating to the conversion of an 02 assisted living home to a nursing home; repealing references to residential facilities 03 for dependent adults; abolishing the authority of certain municipalities to license 04 or supervise institutions caring for dependent adults; and providing for an 05 effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 47 is amended by adding a new chapter to read: 08 CHAPTER 33. ASSISTED LIVING HOMES. 09 ARTICLE 1. PURPOSE; APPLICABILITY; SERVICES; OPERATIONS. 10 Sec. 47.33.005. PURPOSE. The purpose of this chapter is to 11 (1) contribute to the development of a system of care by encouraging 12 the establishment of assisted living homes that provide a homelike environment for 13 elderly persons and persons with a mental or physical disability who need assistance 14 with the activities of daily living;
01 (2) promote the establishment of homes that help 02 (A) the elderly to age in place; and 03 (B) adults with a physical or mental disability to become 04 integrated into the community and to reach their highest level of functioning; 05 (3) establish standards that will protect residents of assisted living 06 homes, while at the same time promoting an environment that will encourage resident 07 growth and independence, without discouraging the establishment and continued 08 operation of those homes; 09 (4) require that a resident of an assisted living home have an assisted 10 living plan that identifies the services that will be used to meet the resident's 11 reasonable wants and needs; and 12 (5) provide a resident of an assisted living home, or the resident's 13 representative, with the opportunity to participate to the fullest extent possible in the 14 design and implementation of the resident's assisted living plan and in any decisions 15 involving the resident's care. 16 Sec. 47.33.010. APPLICABILITY. (a) Except as provided in (b) of this 17 section, this chapter applies to residential facilities operated in the state that serve three 18 or more adults who are not related to the owner of the facility by blood or marriage 19 by 20 (1) providing housing and food service to its residents; and 21 (2) providing or obtaining, or offering to provide or obtain for its 22 residents 23 (A) assistance with the activities of daily living; 24 (B) personal assistance; or 25 (C) a combination of services under (A) and (B) of this 26 paragraph. 27 (b) Notwithstanding (a) of this section, this chapter does not apply to 28 (1) a correctional facility; 29 (2) a facility for treatment of alcoholism that is regulated under 30 AS 47.37; 31 (3) an emergency shelter;
01 (4) a medical facility, including a nursing home, licensed under 02 AS 18.20; 03 (5) a program for runaway minors licensed under AS 47.10; or 04 (6) a maternity home licensed under AS 47.35. 05 Sec. 47.33.020. HEALTH-RELATED SERVICES ALLOWED IN ASSISTED 06 LIVING HOMES. (a) This chapter does not prohibit the resident of an assisted living 07 home from self-administering the resident's own medications, unless the resident's 08 assisted living plan specifically provides otherwise. 09 (b) An assisted living home may provide, obtain, or offer to provide or obtain 10 the health-related services described in (c) - (i) of this section. A service under (c) - 11 (i) of this section may only be provided or obtained in addition to, and as a 12 supplemental service to, the long-term provision by the home to the resident of 13 assistance with the activities of daily living or personal assistance. 14 (c) If self-administration of medications is included in a resident's assisted 15 living plan, the assisted living home may supervise the resident's self-administration 16 of medications, notwithstanding a limitation imposed by AS 08 or by a regulation 17 adopted under AS 08. The supervision may be performed by any home staff person 18 and may include 19 (1) reminding a resident to take medication; 20 (2) opening a medication container or prepackaged medication for a 21 resident; 22 (3) reading a medication label to a resident; 23 (4) observing a resident while the resident takes medication; 24 (5) checking a resident's self-administered dosage against the label of 25 the medication container; 26 (6) reassuring a resident that the resident is taking the dosage as 27 prescribed; and 28 (7) directing or guiding, at the request of the resident, the hand of a 29 resident who is administering the resident's own medications. 30 (d) An assisted living home may provide intermittent nursing services to a 31 resident who does not require 24-hour nursing services and supervision. Intermittent
01 nursing services may be provided only by a nurse licensed under AS 08.68 or by a 02 person to whom a nursing task has been delegated under (e) of this section. 03 (e) A person who is on the staff of an assisted living home and who is not a 04 nurse licensed under AS 08.68 may perform a nursing task in that home if 05 (1) the authority to perform that nursing task is delegated to that person 06 by a nurse licensed under AS 08.68; and 07 (2) that nursing task is specified in regulations adopted by the Board 08 of Nursing as a task that may be delegated. 09 (f) A resident who needs skilled nursing care may, with the consent of the 10 assisted living home, arrange for that care to be provided in the home by a nurse 11 licensed under AS 08.68 if that arrangement does not interfere with the services 12 provided to other residents. 13 (g) As part of a plan to avoid transfer of a resident from the home for medical 14 reasons, the home may provide, through the services of a nurse who is licensed under 15 AS 08.68, 24-hour skilled nursing care to the resident for not more than 45 consecutive 16 days. 17 (h) If a resident has received 24-hour skilled nursing care for the 45-day limit 18 set by (g) of this section, the resident or the resident's representative may elect to have 19 the resident remain in the home without continuation of 24-hour skilled nursing care 20 if the home agrees to retain the resident after 21 (1) the home and either the resident or the resident's representative 22 have consulted with the resident's physician; 23 (2) the home and either the resident or the resident's representative 24 have discussed the consequences and risks involved in the election to remain in the 25 home; and 26 (3) the portion of the resident's assisted living plan that relates to 27 health-related services has been revised to provide for the resident's health-related 28 needs without the use of 24-hour skilled nursing care, and the revised plan has been 29 reviewed by a registered nurse licensed under AS 08.68 or by the resident's attending 30 physician. 31 (i) A terminally ill resident may remain in the home if (1) the home and either
01 the resident or the resident's representative agree that the resident may remain in the 02 home; and (2) the resident is under the care of a physician who certifies that the needs 03 of the resident are being met in the home. The time limitation of (g) of this section 04 does not apply in the case of a terminally ill resident. 05 Sec. 47.33.030. ADVANCE PAYMENTS. (a) An assisted living home may 06 not require a resident or prospective resident of the home or a resident or prospective 07 resident's representative, to make an advance payment to the home except as security 08 for performance of the contract or as advance rent for the immediately following rental 09 period as the rental period is defined in the contract. If a home requires a resident or 10 prospective resident to make an advance payment for security or as advance rent, 11 (1) the home shall promptly deposit the money in a designated trust 12 account in a financial institution, separate from other money and property of the home; 13 (2) the home may not represent on a financial statement that the 14 advance payment money is part of the assets of the home; 15 (3) the advance payment money may be used only for the account of 16 the resident; 17 (4) the home shall notify the resident or the resident's representative, 18 in writing, of the name and address of the depository in which the advance payment 19 money is being held; and 20 (5) the home shall provide to the resident or the resident's 21 representative the terms and conditions under which the advance payment money may 22 be withheld by the home. 23 (b) An assisted living home shall establish a written policy for the refund of 24 unused advance payments in the event of termination of a residential services contract 25 or death of a resident. The policy must provide that a resident is entitled to a prorated 26 refund of the unused portion of an advance payment, less reasonable charges for 27 damages to the home resulting from other than normal use. 28 Sec. 47.33.040. RESIDENTS' MONEY. (a) Except for advance payments 29 under AS 47.33.030, an assisted living home may not require a resident of the home 30 to deposit with the home money that belongs to the resident. The provisions of (b) of 31 this section do not apply to money that constitutes an advance payment under
01 AS 47.33.030. 02 (b) An assisted living home may accept, for safekeeping and management, 03 money that belongs to a resident. The home shall establish a written policy for the 04 management of such money and shall act in a fiduciary capacity with respect to that 05 money, in accordance with regulations adopted by the licensing agency. A home is 06 not required to accept money that belongs to a resident. 07 Sec. 47.33.050. TEMPORARY ABSENCE. (a) An assisted living home may 08 agree to reserve space for a resident of the home who is temporarily absent from the 09 home and plans to return to the home. The absent resident, or the resident's 10 representative, shall notify the home in writing if the resident's plan to return to the 11 home changes. 12 (b) Until the assisted living home receives written notice that an absent 13 resident does not intend to return to the home, the home may charge the resident an 14 agreed-upon daily rate during the resident's absence from the home. 15 Sec. 47.33.060. HOUSE RULES. (a) An assisted living home may establish 16 house rules, subject to the limitations provided for under this chapter. 17 (b) An assisted living home shall give a copy of the house rules to a 18 prospective resident or the prospective resident's representative before the prospective 19 resident enters into a residential services contract with the home, and shall post the 20 house rules in a conspicuous place in the home. 21 (c) House rules may address various issues, including 22 (1) times and frequency of use of the telephone; 23 (2) hours for viewing and volume for listening to television, radio, and 24 other electronic equipment that could disturb other residents; 25 (3) visitors; 26 (4) movement of residents in and out of the home; 27 (5) use of personal property; 28 (6) use of tobacco and alcohol; and 29 (7) physical, verbal, or other abuse of other residents or staff. 30 (d) An assisted living home may not adopt a house rule that unreasonably 31 restricts a right of a resident provided for under this chapter or under any other
01 provision of law. 02 Sec. 47.33.070. RESIDENT FILES. (a) An assisted living home shall 03 maintain, for each resident of the home, a file that includes 04 (1) the name and birth date, and, if provided by the resident, the social 05 security number of the resident; 06 (2) the name, address, and telephone number of the resident's closest 07 relative, service coordinator, if any, and representative, if any; 08 (3) a statement of what actions, if any, the resident's representative is 09 authorized to take on the resident's behalf; 10 (4) a copy of the resident's assisted living plan; 11 (5) a copy of the residential services contract between the home and 12 the resident; 13 (6) a notice, as required under AS 47.33.030, regarding the depository 14 in which the resident's advance payment money is being held; 15 (7) written acknowledgement by the resident or the resident's 16 representative that the resident has received a copy of and has read, or has been read 17 the 18 (A) resident's rights under AS 47.33.300; 19 (B) resident's right to pursue a grievance under AS 47.33.340; 20 (C) resident's right to protection from retaliation under 21 AS 47.33.350; 22 (D) provisions of AS 47.33.510, regarding immunity; and 23 (E) home's house rules; 24 (8) an acknowledgement and agreement relating to home safekeeping 25 and management of the resident's money, as required by AS 47.33.040; 26 (9) a copy of the resident's living will, if any; and 27 (10) a copy of a power of attorney or other written designation of an 28 agent, representative, or surrogate by the resident. 29 (b) An assisted living home shall retain a resident's file for at least one year 30 after the resident terminates residency at the home. 31 Sec. 47.33.080. CLOSURE OR RELOCATION; CHANGE OF MAILING
01 ADDRESS. (a) Not later than 90 days before the voluntary closing or relocation of 02 an assisted living home, the home shall provide written notice of the closure or 03 relocation to the licensing agency, each resident of the home, all representatives of 04 residents, and all service coordinators for residents. 05 (b) Not later than 14 days before a change of an assisted living home's mailing 06 address, the home shall provide written notice of the change to the licensing agency, 07 each resident of the home, all representatives of residents, and all service coordinators 08 for residents. 09 Sec. 47.33.090. RATE INCREASE. An assisted living home may not increase 10 the rate charged for services provided by the home unless the home notifies each 11 resident or the resident's representative of the increase at least 30 days before the 12 increase is to take effect. 13 ARTICLE 2. COMMENCEMENT OF RESIDENCY; ASSISTED LIVING PLAN. 14 Sec. 47.33.200. COMMENCEMENT OF RESIDENCY. A person may not 15 begin to reside in an assisted living home without that person's consent, or, if the 16 person is not competent, the consent of the person's representative. 17 Sec. 47.33.210. RESIDENTIAL SERVICES CONTRACTS. (a) A person 18 may not begin residency in an assisted living home unless a representative of the home 19 and either the person or the person's representative sign a residential services contract 20 that complies with the provisions of this section. Upon signing of the contract, the 21 home shall give the resident and the resident's representative, if any, a copy of the 22 contract and place a copy of the contract in the resident's file. 23 (b) A residential services contract must 24 (1) specifically describe the services and accommodations to be 25 provided by the assisted living home; 26 (2) set out the rates charged by the home; 27 (3) specifically describe the rights, duties, and obligations of the 28 resident, other than those specified in this chapter; 29 (4) set out the policies and procedures for termination of the contract 30 as provided for in this chapter; 31 (5) state the amount and purpose of any advance payments required by
01 the home; and 02 (6) set out the home's policy for refund of advance payments in the 03 event of termination of the contract or death of the resident. 04 Sec. 47.33.220. ASSISTED LIVING PLAN REQUIRED. An assisted living 05 home shall ensure that an assisted living plan for a resident of the home is developed, 06 and approved by the resident or the resident's representative, within 30 days after the 07 resident was admitted to the home. The assisted living plan must be developed by the 08 resident or the resident's representative with participation from 09 (1) the resident's service coordinator, if any; 10 (2) representatives of providers of services to the resident; and 11 (3) the administrator of the home. 12 Sec. 47.33.230. ASSISTED LIVING PLAN CONTENTS; DISTRIBUTION. 13 (a) An assisted living plan for a resident of an assisted living home must 14 (1) promote the resident's participation in the community and increased 15 independence through training and support, in order to provide the resident with an 16 environment suited to the resident's needs and best interests; 17 (2) recognize the responsibility and right of the resident or the 18 resident's representative to evaluate and choose, after discussion with all relevant 19 parties, including the home, the risks associated with each option when making 20 decisions pertaining to the resident's abilities, preferences, and service needs; and 21 (3) recognize the right of the home to evaluate and to either consent 22 or refuse to accept the resident's choice of risks under (2) of this subsection. 23 (b) An assisted living plan for a resident must identify and describe 24 (1) the resident's specific strengths and limitations in performing the 25 activities of daily living; 26 (2) any physical disabilities and impairments, and the aspects of the 27 resident's medical condition, general health, emotional health, mental health, or other 28 conditions or problems that are relevant to the services needed by the resident; 29 (3) the resident's preference in roommates, living environment, food, 30 recreational activities, religious affiliation, and relationships and visitation with friends, 31 family members, and others;
01 (4) specific activities of daily living with which the resident needs 02 assistance; 03 (5) how assistance with the activities of daily living will be provided 04 or arranged for by the home or the resident; 05 (6) the frequency of the resident's training for independent living, if 06 habilitation is part of the plan; 07 (7) the resident's need for personal assistance and how those needs will 08 be met by home staff or another service provider from the community; 09 (8) the resident's need for health-related services and how that need 10 will be met; 11 (9) the resident's reasonable wants and the services that will be used 12 to meet those wants. 13 (c) If the assisted living home provides or arranges for the provision of health-related services to a resident, the 14 home shall ensure that a 15 (1) registered nurse licensed under AS 08.68 reviews the portion of an 16 assisted living plan that describes how the resident's need for health-related services 17 will be met; and 18 (2) physician's statement about the resident is included in the plan. 19 (d) A resident's assisted living plan must be in writing, in language that can 20 be understood by the resident. 21 (e) If a person's reasonable wants and needs can be met by a particular 22 assisted living home and a decision is made to enter into a residential services contract 23 between the person and the home, the resident's assisted living plan shall be approved, 24 dated, and signed by the administrator of that home and either the resident or the 25 resident's representative. 26 (f) The assisted living plan shall be retained by the home in the resident's file. 27 The home shall provide a copy of the plan to the resident and to the resident's 28 representative, if any. 29 Sec. 47.33.240. EVALUATION OF ASSISTED LIVING PLAN. (a) An 30 assisted living home resident or the resident's representative, and the home 31 administrator or the administrator's designee, shall evaluate the resident's assisted
01 living plan, determine whether the plan is meeting the resident's reasonable wants and 02 needs, and revise the plan if necessary. At the request of the resident or the resident's 03 representative, the resident's service coordinator, if any, and family members may 04 participate in the evaluation. If the assisted living home provides or arranges for the 05 provision of health-related services to a resident, the resident's evaluation must be 06 done at three-month intervals. If the assisted living home does not provide or arrange 07 to provide health-related services to a resident, the resident's evaluation must be done 08 at least at one-year intervals. 09 (b) The administrator or the administrator's designee shall 10 (1) document the results of the evaluation in the resident's record; 11 (2) sign and date any revisions to the resident's assisted living plan; 12 (3) place a copy of the revisions in the resident's file; and 13 (4) provide the resident and the resident's representative, if any, with 14 a copy of the revisions. 15 ARTICLE 3. RESIDENTS' RIGHTS. 16 Sec. 47.33.300. RESIDENTS' RIGHTS. (a) Subject to (c) of this section, a 17 resident of an assisted living home has the right to 18 (1) live in a safe and sanitary environment; 19 (2) be treated with consideration and respect for personal dignity, 20 individuality, and the need for privacy, including privacy in 21 (A) a medical examination or health-related consultation; 22 (B) the resident's room or portion of a room; 23 (C) bathing and toileting, except for any assistance in those 24 activities that is specified in the resident's assisted living plan; and 25 (D) the maintenance of personal possessions and the right to 26 keep at least one cabinet or drawer locked; 27 (3) possess and use personal clothing and other personal property, 28 unless the home can demonstrate that the possession or use of certain personal property 29 would be unsafe or an infringement of the rights of other residents; 30 (4) engage in private communications, including 31 (A) receiving and sending unopened correspondence;
01 (B) having access to a telephone, or having a private telephone 02 at the resident's own expense; and 03 (C) visiting with persons of the resident's choice, subject to 04 visiting hours established by the home; 05 (5) close the door of the resident's room at any time, including during 06 visits in the room with guests or other residents; 07 (6) at the resident's own expense unless otherwise provided in the 08 residential services contract, participate in and benefit from community services and 09 activities to achieve the highest possible level of independence, autonomy, and 10 interaction with the community; 11 (7) manage the resident's own money; 12 (8) participate in the development of the resident's assisted living plan; 13 (9) share a room with a spouse if both are residents of the home; 14 (10) have a reasonable opportunity to exercise and to go outdoors at 15 regular and frequent intervals, when weather permits; 16 (11) exercise civil and religious liberties; 17 (12) have access to adequate and appropriate health care and health 18 care providers of the resident's own choosing, consistent with established and 19 recognized standards within the community; 20 (13) self-administer the resident's own medications, unless specifically 21 provided otherwise in the resident's assisted living plan; 22 (14) receive meals that are consistent with religious or health-related 23 restrictions; 24 (15) receive the prior notice of relocation of the home or the home's 25 intent to terminate the residential services contract of the resident required by 26 AS 47.33.080 and 47.33.360, respectively; 27 (16) present to the home grievances and recommendations for change 28 in the policies, procedures, or services of the home; 29 (17) at the resident's own expense unless otherwise provided in the 30 residential services contract, have access to and participate in advocacy or special 31 interest groups;
01 (18) at the resident's own expense unless otherwise provided in the 02 residential services contract, intervene or participate in, or refrain from participating 03 in, adjudicatory proceedings held under this chapter, unless provided otherwise by 04 other law; and 05 (19) reasonable access to home files relating to the resident, subject to 06 the constitutional right of privacy of other residents of the home. 07 (b) An assisted living home may not establish or apply a policy, procedure, or 08 rule that is inconsistent with or contrary to a right provided by this section or by other 09 law. 10 (c) The rights set out in (a)(3), (4), (7), (12), and (14) of this section do not 11 create an obligation for an assisted living home to expend money for the specified 12 rights unless otherwise provided in the residential services contract. 13 Sec. 47.33.310. NOTICE OF RIGHTS. (a) At the time a person begins 14 residency in an assisted living home, the home shall provide the resident and the 15 resident's representative, if any, with a copy of the rights set out in AS 47.33.300. 16 The home shall obtain from the resident or the resident's representative a signed and 17 dated acknowledgement stating that the resident has read or been read the rights, 18 understands the rights, and has had any questions about the rights answered by the 19 home. 20 (b) An assisted living home shall post in a prominent place in the home 21 (1) a copy of the rights set out in AS 47.33.300; 22 (2) the name, address, and phone number of the long term care 23 ombudsman hired under AS 44.21.231 and, if relevant to residents, of the advocacy 24 agency for persons with a developmental disability or mental illness; 25 (3) the telephone number of an information or referral service for 26 vulnerable adults; and 27 (4) a copy of the grievance procedure established under AS 47.33.340. 28 Sec. 47.33.320. ACCESS TO ASSISTED LIVING HOME. An assisted living 29 home shall allow advocates and the representatives of community legal services 30 programs access to the home at reasonable times to, subject to the resident's consent, 31 (1) visit with a resident of the home and make personal, social, and
01 legal services available to the resident; 02 (2) distribute educational and informational materials to advise a 03 resident or resident's representative of applicable rights; and 04 (3) assist a resident or a resident's representative in asserting legal 05 rights or claims. 06 Sec. 47.33.330. PROHIBITIONS. (a) An assisted living home, including staff 07 of the home, may not 08 (1) deprive a resident of the home of the rights, benefits, or privileges 09 guaranteed to the resident by law; 10 (2) enter a resident's room without first obtaining permission, except 11 (A) during regular, previously announced, fire, sanitation, or 12 other licensing inspections; 13 (B) when a condition or situation presents an imminent danger; 14 (C) as required by the resident's assisted living plan to provide 15 services specified in the residential services contract; or 16 (D) for other vital health or safety reasons; 17 (3) impose religious beliefs or practices upon a resident or require a 18 resident to attend religious services; 19 (4) place a resident under physical restraint unless the resident's own 20 actions present an imminent danger to the resident or others; 21 (5) place a resident under chemical restraint; this paragraph does not 22 prevent a resident from voluntarily taking tranquilizers, or other medication, prescribed 23 by a licensed physician; 24 (6) compel a resident to perform services for the home, except as 25 contracted for by the resident and the home or as provided for in the resident's assisted 26 living plan; or 27 (7) restrain, interfere with, coerce, discriminate against, or retaliate 28 against a resident for asserting a right specified by this chapter or by other law. 29 (b) An assisted living home may not physically restrain a resident unless the 30 home has a written physical restraint procedure that has been approved by the licensing 31 agency. The home shall terminate the physical restraint as soon as the resident no
01 longer presents an imminent danger. 02 (c) An owner, administrator, employee, or agent of an assisted living home 03 may not act as a representative of a resident. 04 Sec. 47.33.340. RESIDENT GRIEVANCE PROCEDURE. (a) An assisted 05 living home shall establish a written grievance procedure for handling complaints of 06 residents of the home. At the time a person begins residency in an assisted living 07 home, the home shall give a copy of the grievance procedure to the resident and the 08 resident's representative, if any. 09 (b) The grievance procedure established under this section must provide that 10 a resident and the resident's representative have the right to 11 (1) present both a written and an oral explanation of the resident's 12 grievance; 13 (2) have an advocate of the resident's choice, and the resident's 14 representative, if any, attend meetings concerning the resident's grievance; and 15 (3) be notified in writing, within 30 days after the filing of the 16 grievance, of the final decision of the home regarding the grievance. 17 Sec. 47.33.350. RETALIATION AGAINST HOME RESIDENT. (a) An 18 assisted living home may not take retaliatory action against a resident of that home if 19 the resident or the resident's representative 20 (1) exercises a right provided by this chapter or by other law; 21 (2) appears as a witness, or refuses to appear as a witness, in an 22 adjudicatory proceeding regarding the home; 23 (3) files a civil action alleging a violation of this chapter; or 24 (4) claims a violation of this chapter before a state or federal agency 25 having jurisdiction over the home or its employees. 26 (b) Termination of a resident's residential services contract by an assisted 27 living home within 60 days after the resident engages in an activity described in (a) 28 of this section creates a rebuttable presumption that the termination was retaliatory. 29 (c) At the time, or before, a person begins residency in an assisted living 30 home, the home shall give the resident and the resident's representative, if any, written 31 notice of the protection from retaliation provided under this section.
01 Sec. 47.33.360. INVOLUNTARY TERMINATION OF CONTRACT. (a) An 02 assisted living home may not terminate a residential services contract with a resident 03 of the home against the resident's will, except 04 (1) for medical reasons; 05 (2) for engaging in a documented pattern of conduct that is harmful to 06 the resident, other residents, or staff of the home; 07 (3) for violation of the terms of the residential services contract, 08 including failure to pay costs incurred under the contract; 09 (4) when emergency transfer out of the home is ordered by the 10 resident's physician; 11 (5) when the home is closing; or 12 (6) when the home can no longer provide or arrange for services in 13 accordance with the resident's needs and the resident's assisted living plan. 14 (b) At least 30 days before terminating the residential services contract with 15 a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall 16 provide written notice of the proposed contract termination to the resident or the 17 resident's representative, and to the resident's service coordinator if any. The notice 18 must state the 19 (1) basis for the termination; and 20 (2) resident's right to contest the termination in the manner provided 21 in the contract, which must include an offer by the home to participate in a case 22 conference as described in (c) of this section. 23 (c) Before terminating the residential services contract with a resident under 24 (a)(2), (3), (5), or (6) of this section, the assisted living home shall participate in a case 25 conference if requested by the resident or the resident's representative. The case 26 conference must include the resident, the resident's representative, if any, the resident's 27 advocate, if any, the resident's service coordinator, if any, the home administrator, and 28 appropriate care providers who may discuss the appropriateness of the contract 29 termination. 30 (d) If a home terminates the residential services contract with a resident under 31 this section, the home shall cooperate with the resident, the resident's service
01 coordinator, if any, and the resident's representative, if any, in making arrangements 02 to relocate the resident. 03 ARTICLE 4. LICENSING. 04 Sec. 47.33.400. LICENSE REQUIRED. (a) A person may not maintain or 05 operate an assisted living home that is subject to this chapter unless that home is 06 licensed under this chapter. 07 (b) A person may not use the term "assisted living home" or "assisted living 08 facility" in connection with services to be provided or obtained unless the home or 09 facility is governed by this chapter, as described in AS 47.33.010. 10 (c) To be licensed as an assisted living home, a facility must meet the 11 licensure requirements of this chapter and of regulations adopted under this chapter. 12 (d) Nothing in this chapter prohibits an assisted living home that is licensed 13 under this chapter and that serves five or fewer residents from using the term "adult 14 foster home" or "assisted living foster home" in connection with that facility. 15 Sec. 47.33.410. LICENSING AGENCY. (a) The Department of Health and 16 Social Services is the licensing agency responsible for licensing assisted living homes 17 that will be providing care primarily to persons with a mental or developmental 18 disability. 19 (b) The Department of Administration is the licensing agency responsible for 20 licensing assisted living homes that will be providing care primarily to persons who 21 have a physical disability, who are elderly, or who suffer from dementia, but who are 22 not diagnosed as chronically mentally ill. 23 (c) The Department of Administration and the Department of Health and 24 Social Services shall confer and jointly determine, in accordance with regulations, the 25 appropriate licensing agency for an assisted living home 26 (1) that, at the time of application for a license, appears to meet 27 the criteria in both (a) and (b) of this section; 28 (2) for which, at the time of application for a license, the 29 appropriate licensing agency is not clear under the criteria in (a) and (b) of this 30 section; 31 (3) that, during the term of a license issued under this chapter,
01 wishes to relinquish the license issued by one licensing agency and replace the 02 license with one issued by the other licensing agency; or 03 (4) that, at the time of the assisted living home's license 04 renewal under this chapter, is described in (1), (2), or (3) of this subsection. 05 (d) A licensing agency shall 06 (1) establish, by regulation, requirements and standards for licensure 07 and renewal of a license under this chapter; 08 (2) license assisted living homes in accordance with this chapter and 09 regulations adopted under this chapter; 10 (3) investigate license applicants and licensees for compliance with this 11 chapter; and 12 (4) enforce the standards established by this chapter and regulations 13 adopted under this chapter. 14 (e) The Department of Administration and the Department of Health and 15 Social Services shall jointly adopt regulations to implement the provisions of (c) of this 16 section, including regulations providing procedures and standards for determining the 17 appropriate licensing agency for an assisted living home and for relinquishing and 18 replacing a license issued under this chapter. 19 (f) Under procedures and standards of operation established by the licensing 20 agency by regulation, a licensing agency may contract with private or municipal 21 agencies to investigate and make recommendations to the licensing agency for the 22 licensing of assisted living homes. 23 Sec. 47.33.420. STANDARD FORMS. The Department of Health and Social 24 Services and the Department of Administration shall cooperatively develop standard 25 forms that assisted living homes may use to comply with the requirements of this 26 chapter. 27 Sec. 47.33.430. AUTHORITY OF STATE AGENCIES TO IMPOSE 28 ADDITIONAL REQUIREMENTS. The provisions of this chapter do not preclude 29 a state agency from imposing additional requirements or standards on an assisted living 30 home in order for the home to receive state or federal payment for services. 31 ARTICLE 5. COMPLAINT, INVESTIGATION, AND ADJUDICATORY
01 PROCEDURES; SANCTIONS; PENALTIES. 02 Sec. 47.33.500. COMPLAINT. (a) A person who believes that a provision 03 of this chapter or of a regulation adopted under this chapter has been violated may file 04 a complaint with the appropriate licensing agency. 05 (b) The licensing agency shall investigate a complaint filed under this section 06 unless the agency reasonably concludes that the complaint is without merit. 07 (c) Unless disclosure is required by court order, the licensing agency may not 08 disclose the identity of a complainant, or of a resident on whose behalf a complaint 09 is filed, without the consent of the complainant or the resident or the resident's 10 representative. 11 Sec. 47.33.510. IMMUNITY. A person who files a complaint concerning a 12 suspected violation of this chapter or of a regulation adopted under this chapter, or 13 who testifies in an administrative or judicial proceeding arising from a complaint 14 concerning a suspected violation of this chapter or of a regulation adopted under this 15 chapter, is immune from civil liability for the filing or testifying unless the person 16 acted in bad faith or with malicious purpose. 17 Sec. 47.33.520. INVESTIGATION. (a) A licensing agency may investigate 18 an assisted living home at any time to determine whether the home is in compliance 19 with this chapter and regulations adopted under this chapter. 20 (b) An assisted living home that is the subject of an investigation shall give 21 the licensing agency access to 22 (1) the home; 23 (2) all records relating to the operation of the home that are relevant 24 to the investigation; 25 (3) all resident files; and 26 (4) the residents and employees of the home. 27 (c) The licensing agency shall prepare a written report of the investigation that 28 summarizes its findings, and shall provide a copy of the report to the assisted living 29 home that is the subject of the investigation and to the complainant, if any, if the 30 complainant requests a copy. 31 (d) The assisted living home may submit to the licensing agency a written
01 response to the investigation report. The licensing agency shall retain the home's 02 response with the record of the complaint. 03 (e) Except as otherwise provided in AS 47.33.500(c), completed investigation 04 reports and responses from homes are public records. 05 Sec. 47.33.530. NOTICE OF VIOLATION. (a) If the licensing agency 06 determines that an assisted living home has violated a provision of this chapter or of 07 a regulation adopted under this chapter, the licensing agency shall prepare a written 08 notice of violation that contains 09 (1) a description of the violation; 10 (2) a citation to the statute or regulation that has been violated; 11 (3) an order requiring the home to correct the violation by the time 12 specified in the order, not to exceed 90 days after the date the home receives the 13 notice of violation; 14 (4) a statement of the requirement for filing a report of compliance 15 under AS 47.33.540; 16 (5) notice of the sanctions that may be imposed under this chapter if 17 the home fails to timely file a report of compliance or fails to correct the violation; 18 and 19 (6) notice of the right to apply for a variance, if applicable under 20 licensing agency regulations. 21 (b) The licensing agency shall serve the notice of violation on the home in 22 person, or by certified mail, return receipt requested. 23 Sec. 47.33.540. REPORT OF COMPLIANCE. (a) After correcting a violation 24 described in a notice of violation served under AS 47.33.530, an assisted living home 25 shall submit to the licensing agency a report of compliance regarding the correction. 26 (b) Each licensing agency shall adopt regulations specifying the contents of 27 and establishing procedures for reports of compliance, including the time period for 28 submission to the licensing agency under (a) of this section. 29 Sec. 47.33.550. ADMINISTRATIVE SANCTIONS. (a) A licensing agency 30 may revoke an assisted living home license, deny renewal of an assisted living home 31 license, suspend operations of an assisted living home, suspend the ability of an
01 assisted living home to take in new residents, place conditions on the ability of an 02 assisted living home to take in new residents, restrict the type of care than an assisted 03 living home may provide to residents, or assess an administrative fine, as the agency 04 considers appropriate, on one or more of the following grounds: 05 (1) a violation of a provision of this chapter, a regulation adopted under 06 this chapter, an order in a notice of violation issued under this chapter, or a term of 07 a license issued under this chapter; 08 (2) a criminal conviction of an administrator of an assisted living home 09 if the conviction is 10 (A) for an offense involving a resident of the home; 11 (B) a felony; or 12 (C) a misdemeanor involving alcohol, a controlled substance, 13 an imitation controlled substance, or physical or sexual abuse; 14 (3) obtaining, retaining, or attempting to obtain or retain a license under 15 this chapter by fraud or misrepresentation. 16 (b) An administrative fine assessed under this section may not exceed $500 a 17 day for each day that a violation continues, and may not exceed a total of $5,000 for 18 a violation. 19 (c) Before imposing an administrative sanction under (a) of this section, the 20 licensing agency shall give the assisted living home a written notice of the imposition 21 of administrative sanction. The notice must contain a form for requesting a hearing 22 under (d) of this section, and must describe 23 (1) each sanction to be imposed; 24 (2) the violation that is the basis of each sanction; and 25 (3) the home's right to request a hearing to contest the sanctions. 26 (d) An assisted living home may contest a licensing agency's decision to 27 impose an administrative sanction by filing a written request for a hearing, on the form 28 provided by the licensing agency, no later than 10 days after receipt of the notice of 29 administrative sanction. 30 (e) Unless an administrative sanction is related to a violation that presents an 31 imminent danger to the health or safety of the residents of an assisted living home, the
01 sanction may not be imposed until the 02 (1) time period for requesting a hearing under (d) of this section has 03 passed without a hearing being requested; or 04 (2) licensing agency renders a final decision following a hearing 05 requested under (d) of this section. 06 (f) If an assisted living home requests a hearing under (d) of this section the 07 hearing shall be held within 60 days after the licensing agency receives the request. 08 The department's decision following a hearing under this section is a final 09 administrative order. 10 (g) If an assisted living home does not request a hearing under (d) of this 11 section, the licensing agency's notice of administrative sanction constitutes a final 12 administrative order that the licensing agency may seek the court's assistance in 13 enforcing. 14 (h) A licensing agency shall provide notice of the agency's final action 15 regarding imposition of an administrative sanction on an assisted living home to 16 (1) each resident of the home; 17 (2) the agencies that provide treatment to the residents; 18 (3) the residents' service coordinators; and 19 (4) adult protective services. 20 (i) Imposition of an administrative sanction under this section does not 21 preclude imposition of a criminal penalty under AS 47.33.570. 22 Sec. 47.33.560. ADMINISTRATIVE PROCEDURES. (a) Except as 23 otherwise provided in this chapter, administrative proceedings involving the denial, 24 limitation, suspension, or revocation of a license or the assessment of an administrative 25 fine under this chapter shall be conducted under AS 44.62 (Administrative Procedure 26 Act). 27 (b) An administrative hearing held under this chapter shall be open to the 28 public unless the hearing officer determines that the hearing should be closed to protect 29 the privacy of a resident of an assisted living home. 30 (c) A resident may intervene as a party in an adjudicatory proceeding held 31 under this chapter if the home in which that person resides is a party to the
01 proceeding. 02 (d) At least 30 days before a hearing is held under this chapter, the licensing 03 agency shall give notice of the hearing to each resident of the assisted living home that 04 is the subject of the hearing. 05 Sec. 47.33.570. CRIMINAL PENALTY. A person who violates 06 AS 47.33.400(a) or (b) is guilty of a class B misdemeanor. 07 ARTICLE 6. GENERAL PROVISIONS. 08 Sec. 47.33.910. FEES. A licensing agency may charge and collect fees for 09 application and licensure under this chapter. 10 Sec. 47.33.920. REGULATIONS. The commissioner of health and social 11 services and the commissioner of administration each may adopt regulations to carry 12 out the provisions of this chapter, including regulations regarding licensure and 13 renewal requirements, license application and renewal procedures; application and 14 license fees; types, duration, renewal, and transferability of licenses; staffing and home 15 operation standards; and variances to licensure and operating standards. Regulations 16 adopted under this chapter may provide for the waiver or modification of the 17 requirements of this chapter for homes with fewer than six residents. 18 Sec. 47.33.990. DEFINITIONS. In this chapter, 19 (1) "activities of daily living" means walking, eating, dressing, bathing, 20 toileting, and transfer between a bed and a chair; 21 (2) "administrator" means an person who has general administrative 22 charge and oversight of an assisted living home; 23 (3) "adult" means a person 18 years of age or older who is not a ward 24 of the state under AS 47.10.080; 25 (4) "advocate" means a public or private officer, agency, or 26 organization designated by federal or state statute, or a state plan developed under a 27 federal or state statute, to represent the interests of and speak on behalf of a resident 28 of an assisted living home; 29 (5) "aging in place" means choosing to remain in a familiar living 30 environment and manage the risks associated with the physical or mental decline that 31 can occur with increasing age;
01 (6) "assisted living home" means a residential facility to which this 02 chapter applies, as described in AS 47.33.010; 03 (7) "assisted living plan" means a written description of 04 (A) a person's functional capabilities; 05 (B) the person's needs and preferences for assistance with the 06 activities of daily living; and 07 (C) the services to be provided to meet the person's reasonable 08 wants and needs; 09 (8) "controlled substance" has the meaning given in AS 11.71.900; 10 (9) "health-related services" means services described in 11 AS 47.33.020(c) - (i); 12 (10) "home" means an assisted living home; 13 (11) "imitation controlled substance" has the meaning given in 14 AS 11.73.099; 15 (12) "imminent danger" means a danger that could reasonably be 16 expected to cause death or serious physical harm to the resident's self, to the staff of 17 a home, or to others; 18 (13) "instrumental activities of daily living" means doing laundry, 19 cleaning of living areas, food preparation, managing money and conducting business 20 affairs, using public transportation, writing letters, obtaining appointments, using the 21 telephone, and engaging in recreational or leisure activities; 22 (14) "licensing agency" means the state agency given authority under 23 AS 47.33.410 to license an assisted living home; 24 (15) "personal assistance" means the provision by an assisted living 25 home of one or more of the following personal services to a resident of the home: 26 (A) assisting a resident in obtaining supportive services as 27 provided for in the resident's assisted living plan; 28 (B) assisting a resident in obtaining instrumental activities of 29 daily living, as provided for in the resident's assisted living plan; 30 (C) being aware of a resident's general whereabouts while the 31 resident is traveling independently in the community;
01 (D) monitoring a resident's activities while on the home 02 premises to provide for the resident's and others' safety and well-being; 03 (16) "person with a developmental disability" has the meaning given 04 in AS 47.80.900; 05 (17) "physician's statement" means a written statement by a person's 06 primary physician that includes a 07 (A) medical history and physical, not older than six months, of 08 the person; 09 (B) listing of the person's complete current medicine regimen; 10 and 11 (C) statement of current therapy regimen necessary to maintain 12 or increase the person's functioning, mobility, or independence; 13 (18) "resident" means an adult who has signed a residential services 14 contract with and resides in an assisted living home; 15 (19) "representative" means a guardian, conservator, attorney in fact, 16 or other person designated by a court, or in writing by a legally competent person, to 17 act on behalf of that person; 18 (20) "service coordinator" means a person who is responsible for 19 (A) coordinating the services of community agencies that 20 provide services to a resident of an assisted living home; 21 (B) participating in inter-agency case management for a 22 resident; or 23 (C) planning for the placement of a person in an assisted living 24 home; 25 (21) "supportive services" means recreational and leisure activities, 26 transportation, social services, legal services, financial management services, 27 educational and vocational services, medical, dental, and other health care services, 28 habilitation or rehabilitation services, respite services, case management, day care, and 29 other services required to meet a resident's needs; 30 (22) "terminally ill resident" means an ill resident who has a medical 31 prognosis, certified in writing by the resident's attending physician, that the life
01 expectancy of the resident is no more than six months if the illness runs its normal 02 course. 03 * Sec. 2. AS 11.61.195(a) is amended to read: 04 (a) A person commits the crime of misconduct involving weapons in the 05 second degree if the person knowingly 06 (1) possesses a firearm during the commission of an offense under 07 AS 11.71.010 - 11.71.040; or 08 (2) violates AS 11.61.200(a)(1) and is within the grounds of or on a 09 parking lot immediately adjacent to 10 (A) a public or private preschool, elementary, junior high, or 11 secondary school without the permission of the chief administrative officer of 12 the school or district or the designee of the chief administrative officer; or 13 (B) a center, other than a private residence, licensed under 14 AS 47.33 or AS 47.35.010 - 47.35.070 [AS 47.35.010 - 47.35.075] or 15 recognized by the federal government for the care of children. 16 * Sec. 3. AS 11.61.220(a) is amended to read: 17 (a) A person commits the crime of misconduct involving weapons in the fifth 18 degree if the person 19 (1) knowingly possesses a deadly weapon, other than an ordinary 20 pocketknife or a defensive weapon, that is concealed on the person; 21 (2) knowingly possesses a loaded firearm on the person in any place 22 where intoxicating liquor is sold for consumption on the premises; 23 (3) being an unemancipated minor under 16 years of age, possesses a 24 firearm without the consent of a parent or guardian of the minor; 25 (4) knowingly possesses a firearm 26 (A) or a defensive weapon within the grounds of or on a 27 parking lot immediately adjacent to a public or private preschool, elementary, 28 junior high, or secondary school without the permission of the chief 29 administrative officer of the school or district or the designee of the chief 30 administrative officer, except that a person 21 years of age or older may 31 possess
01 (i) an unloaded firearm in the trunk of a motor vehicle 02 or encased in a closed container in a motor vehicle; 03 (ii) a defensive weapon; or 04 (B) within the grounds of or on a parking lot immediately 05 adjacent to a center, other than a private residence, licensed under AS 47.33 or 06 AS 47.35.010 - 47.35.070 [AS 47.35.010 - 47.35.075] or recognized by the 07 federal government for the care of children; or 08 (5) possesses or transports a switchblade or a gravity knife. 09 * Sec. 4. AS 18.07.031 is amended by adding a new subsection to read: 10 (b) Notwithstanding the expenditure threshold in (a) of this section, a person 11 may not convert a building or part of a building that is licensed as an assisted living 12 facility under AS 47.33 to a nursing home that requires licensure under AS 18.20.020 13 unless authorized under the terms of a certificate of need issued by the office. 14 * Sec. 5. AS 36.30.850(b)(19) is amended to read: 15 (19) contracts for home health care provided under regulations 16 adopted by the Department of Health and Social Services and for adult residential 17 [AND FOSTER] care services provided under regulations adopted by the Department 18 of Health and Social Services or by the Department of Administration; 19 * Sec. 6. AS 44.21.240(2) is amended to read: 20 (2) "long term care facility" means an assisted living [A FOSTER] 21 home [OR OTHER RESIDENTIAL FACILITY FOR DEPENDENT ADULTS] that 22 is required to be licensed under AS 47.33 [AS 47.35] and a nursing home as defined 23 in AS 08.70.180; 24 * Sec. 7. AS 44.62.330(a) is amended by adding a new paragraph to read: 25 (59) the Department of Health and Social Services and the Department 26 of Administration as to the licensing and regulation of assisted living homes under 27 AS 47.33. 28 * Sec. 8. AS 47.35.010(a) is amended to read: 29 (a) The department may 30 (1) license and supervise boarding homes, foster homes, group homes, 31 nurseries, and institutions caring for children [AND FOSTER HOMES, GROUP
01 HOMES AND INSTITUTIONS CARING FOR DEPENDENT ADULTS]; 02 (2) investigate and supervise licensees; 03 (3) enforce the standards established by it; 04 (4) contract with private or municipal agencies to investigate and make 05 recommendations to the department for the licensing and supervision of boarding 06 homes, foster homes, group homes, nurseries, and institutions caring for children 07 [AND FOSTER HOMES, GROUP HOMES AND INSTITUTIONS CARING FOR 08 DEPENDENT ADULTS] under procedures and standards of operation established by 09 the department; contracts with private agencies under this paragraph are governed by 10 AS 36.30 (State Procurement Code). 11 * Sec. 9. AS 47.35.020 is amended to read: 12 Sec. 47.35.020. LICENSE OR PERMIT REQUIRED FOR CERTAIN CARE 13 FACILITIES. A person may not, without a license or permit to do so, 14 (1) maintain or conduct, for more than 90 days, a boarding home, foster 15 home, group home, institution, or other place for the regular reception or care of 16 children under 16 years of age [, OR A FOSTER HOME, GROUP HOME, OR 17 INSTITUTION FOR THE CARE OF DEPENDENT ADULTS]; or 18 (2) engage in the business of receiving or caring for children under 14 19 years of age, with or without compensation, in a nursery in which five or more 20 children not related by blood or marriage, or legal adoption, to the owner, operator, or 21 manager of the business are lodged. 22 * Sec. 10. AS 47.35.035(a) is amended to read: 23 (a) A person may not be licensed under this chapter to maintain or conduct a 24 foster home for children under the age of 18 unless the person has completed an 25 orientation for foster parents approved by the department. An orientation required 26 under this subsection must provide information about foster care regulations, policies, 27 and procedures; practical instruction about the realities of caring for a child who is 28 placed in a foster home; and other appropriate information. 29 * Sec. 11. AS 47.35.040(e) is amended to read: 30 (e) The department shall give written notice of revocation or modification 31 under (b) of this section 30 days before the effective date of the action. However, if
01 the health or well-being of children [OR DEPENDENT ADULTS] is in jeopardy, the 02 revocation or modification action is effective immediately upon the issuance of written 03 notice by the department. 04 * Sec. 12. AS 47.35.060 is amended to read: 05 Sec. 47.35.060. RECORDS REQUIRED. Each licensee or permit holder shall 06 keep records regarding each child [OR ADULT] in its control and care, or placed by 07 it, that the department prescribes, and shall report to the department the facts that the 08 department requires with reference to the children [OR ADULTS]. All records 09 regarding individuals placed for care in an institution or home under this chapter are 10 confidential and shall be safeguarded from improper disclosure by the agency or 11 department. 12 * Sec. 13. AS 47.35.900(3) is amended to read: 13 (3) "facility" means the administration, program, and physical plant of 14 a nursery caring for children, or a foster home, group home, or institution caring for 15 children [OR DEPENDENT ADULTS]; 16 * Sec. 14. AS 47.80.140 is amended to read: 17 Sec. 47.80.140. LICENSING AND CERTIFICATES OF NEED. (a) A person 18 may not establish or operate a residential facility without first obtaining a license to 19 do so. The department by regulation shall provide for licensing of residential facilities 20 that are not within the licensing provisions of AS 18.20.010 - 18.20.130, AS 47.33, 21 AS 47.35.010 - 47.35.080 or other law requiring state licensing of such facilities. 22 Regulations of the department must include but need not be limited to (1) standards 23 of operation promoting and protecting public health, safety, and welfare, and (2) 24 procedures governing applications for and issuance of licenses and duration, renewal, 25 and revocation of licenses for cause. The department may at reasonable times inspect 26 and examine residential facilities licensed under this subsection for conformity with 27 licensing requirements. 28 (b) A certificate of need is required as a prerequisite for licensing a residential 29 facility established after July 1, 1978, and not otherwise provided for in AS 18.07.031 30 - 18.07.111. A certificate shall be issued and regulated in the same manner as 31 provided in AS 18.07.031 - 18.07.111 for certificates of need for health care facilities.
01 This subsection does not apply to an assisted living home licensed under AS 47.33. 02 * Sec. 15. AS 47.35.075 is repealed. 03 * Sec. 16. TRANSITION. Regulations relating to licensure of residential facilities for 04 dependent adults, adopted by the Department of Health and Social Services under authority 05 of AS 47.35 and in effect before January 1, 1995, remain in effect, and may be implemented 06 and enforced by the Department of Health and Social Services, until regulations relating to 07 assisted living homes are adopted by the Department of Health and Social Services and the 08 Department of Administration under AS 47.33, and take effect. Litigation, hearings, 09 investigation, and other proceedings pending under a law amended or repealed by this Act, 10 or in connection with functions transferred by this Act, continue in effect and may be 11 continued and completed notwithstanding a transfer, amendment, or repeal provided for in this 12 Act. 13 * Sec. 17. REGULATIONS. Notwithstanding sec. 20 of this Act, the Department of 14 Health and Social Services and the Department of Administration may proceed to adopt 15 regulations necessary to implement the changes made by this Act. The regulations may not 16 take effect before January 1, 1995. 17 * Sec. 18. REVISOR'S INSTRUCTION. (a) In AS 44.47.305 and 44.47.310, the revisor 18 of statutes shall change "AS 47.35.010 - 47.35.075" to "AS 47.35." 19 (b) In AS 47.35, the revisor of statutes shall change "AS 47.35.010 - 47.35.075" to 20 "AS 47.35.010 - 47.35.070." 21 * Sec. 19. Section 17 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 20. Sections 1 - 16 of this Act take effect January 1, 1995.