CSSB 125(HES): "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; making conforming amendments; and providing for an effective date."
00 CS FOR SENATE BILL NO. 125(HES) 01 "An Act relating to the licensing, regulation, enforcement, and appeal rights of 02 ambulatory surgical centers, assisted living homes, child care facilities, child placement 03 agencies, foster homes, free-standing birth centers, home health agencies, hospices or 04 agencies providing hospice services or operating hospice programs, hospitals, 05 intermediate care facilities for the mentally retarded, maternity homes, nursing 06 facilities, residential child care facilities, residential psychiatric treatment centers, 07 runaway shelters, and rural health clinics; relating to possession of a firearm at licensed 08 entities and facilities; relating to criminal history requirements, and a registry, 09 regarding certain licenses, certifications, approvals, and authorizations by the 10 Department of Health and Social Services; making conforming amendments; and 11 providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 09.55.560(1) is amended to read: 02 (1) "health care provider" means an acupuncturist licensed under 03 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 04 chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 05 dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing 06 optician licensed under AS 08.71; a naturopath licensed under AS 08.45; an 07 optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 08 physical therapist or occupational therapist licensed under AS 08.84; a physician or 09 physician assistant licensed under AS 08.64; a podiatrist; a psychologist and a 10 psychological associate licensed under AS 08.86; a hospital as defined in 11 AS 47.32.900 [AS 18.20.130], including a governmentally owned or operated 12 hospital; an employee of a health care provider acting within the course and scope of 13 employment; an ambulatory surgical facility and other organizations whose primary 14 purpose is the delivery of health care, including a health maintenance organization, 15 individual practice association, integrated delivery system, preferred provider 16 organization or arrangement, and a physical hospital organization; 17 * Sec. 2. AS 09.65.095(b)(2) is amended to read: 18 (2) "hospital" means a hospital as defined in AS 47.32.900 19 [AS 18.20.130], including a governmentally owned or operated hospital. 20 * Sec. 3. AS 09.65.096(d)(2) is amended to read: 21 (2) "hospital" has the meaning given in AS 47.32.900 [AS 18.20.130] 22 and includes a governmentally owned or operated hospital; 23 * Sec. 4. AS 11.61.195(a) is amended to read: 24 (a) A person commits the crime of misconduct involving weapons in the 25 second degree if the person knowingly 26 (1) possesses a firearm during the commission of an offense under 27 AS 11.71.010 - 11.71.040; 28 (2) violates AS 11.61.200(a)(1) and is within the grounds of or on a 29 parking lot immediately adjacent to 30 (A) a public or private preschool, elementary, junior high, or 31 secondary school without the permission of the chief administrative officer of
01 the school or district or the designee of the chief administrative officer; or 02 (B) an entity [A CENTER], other than a private residence, 03 licensed as a child care facility under AS 47.32 [AS 47.33 OR AS 47.35] or 04 recognized by the federal government for the care of children; or 05 (3) discharges a firearm at or in the direction of 06 (A) a building with reckless disregard for a risk of physical 07 injury to a person; or 08 (B) a dwelling. 09 * Sec. 5. AS 11.61.220(a) is amended to read: 10 (a) A person commits the crime of misconduct involving weapons in the fifth 11 degree if the person 12 (1) is 21 years of age or older and knowingly possesses a deadly 13 weapon, other than an ordinary pocket knife or a defensive weapon, 14 (A) that is concealed on the person, and, when contacted by a 15 peace officer, the person fails to 16 (i) immediately inform the peace officer of that 17 possession; or 18 (ii) allow the peace officer to secure the deadly weapon, 19 or fails to secure the weapon at the direction of the peace officer, 20 during the duration of the contact; 21 (B) that is concealed on the person within the residence of 22 another person unless the person has first obtained the express permission of 23 an adult residing there to bring a concealed deadly weapon within the 24 residence; 25 (2) knowingly possesses a loaded firearm on the person in any place 26 where intoxicating liquor is sold for consumption on the premises; 27 (3) being an unemancipated minor under 16 years of age, possesses a 28 firearm without the consent of a parent or guardian of the minor; 29 (4) knowingly possesses a firearm 30 (A) within the grounds of or on a parking lot immediately 31 adjacent to an entity [A CENTER], other than a private residence, licensed as
01 a child care facility under AS 47.32 [AS 47.33 OR AS 47.35] or recognized 02 by the federal government for the care of children, except that a person 21 03 years of age or older may possess an unloaded firearm in the trunk of a 04 motor vehicle or encased in a closed container of a motor vehicle; 05 (B) within a 06 (i) courtroom or office of the Alaska Court System; or 07 (ii) courthouse that is occupied only by the Alaska 08 Court System and other justice-related agencies; or 09 (C) within a domestic violence or sexual assault shelter that 10 receives funding from the state; 11 (5) possesses or transports a switchblade or a gravity knife; or 12 (6) is less than 21 years of age and knowingly possesses a deadly 13 weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed 14 on the person. 15 * Sec. 6. AS 18.07.031(b) is amended to read: 16 (b) Notwithstanding the expenditure threshold in (a) of this section, a person 17 may not convert a building or part of a building to a nursing home that requires 18 licensure as a nursing facility under AS 47.32 [AS 18.20.020] unless authorized 19 under the terms of a certificate of need issued by the department. 20 * Sec. 7. AS 18.20.130 is amended to read: 21 Sec. 18.20.130. Definitions. In AS 18.20.075 - 18.20.130 [AS 18.20.010 - 22 18.20.130], 23 (1) "department" means the Department of Health and Social Services; 24 (2) "governmental unit" means the state, a municipality, or other 25 political subdivision, or a department, division, board, or other agency of any of them; 26 (3) "hospital" means an institution or establishment, public or private, 27 devoted primarily to providing diagnosis, treatment, or care over a continuous period 28 of 24 hours each day for two or more nonrelated individuals suffering from illness, 29 physical or mental disease, injury or deformity, or any other condition for which 30 medical or surgical services would be appropriate. 31 * Sec. 8. AS 18.20.310(a) is amended to read:
01 (a) If the department finds that a nursing facility, or a partner, officer, director, 02 owner of five percent or more of the nursing facility's assets, or managing employee of 03 the nursing facility substantially failed or refused to comply with AS 08.68.340 - 04 08.68.390, AS 08.70, AS 18.20.075 - 18.20.085 [AS 18.20.010 - 18.20.130], 05 AS 47.07, or with a regulation adopted under any of those statutes, or, for a nursing 06 facility that provides Medicaid services under AS 47.07, failed or refused to comply 07 with the Medicaid requirements of 42 U.S.C. 1396r (Title XIX of the Social Security 08 Act, as amended) or a regulation adopted under that statute, the department may take 09 the following actions: 10 (1) ban the admission of new residents to the nursing facility; 11 (2) as provided in AS 18.20.320, deny payment under AS 47.07 and 12 AS 47.25.120 - 47.25.300 for any Medicaid or general relief-medical resident admitted 13 to the nursing facility after notice by the department of denial of payment; residents 14 who are eligible for Medicaid or general relief-medical are not responsible for 15 payment when the department takes action under this paragraph; 16 (3) assess a civil fine in accordance with AS 18.20.340; 17 (4) suspend or terminate the nursing facility's participation in the 18 Medicaid program; 19 (5) suspend, revoke, or refuse to renew the nursing facility's license 20 issued under this chapter; 21 (6) seek an appointment of temporary administration as provided in 22 AS 18.20.360 or of a receiver under AS 18.20.370; 23 (7) in case of an emergency, seek an order from the court either to 24 close the nursing facility or to transfer residents from that facility, or both. 25 * Sec. 9. AS 18.23.070(3) is amended to read: 26 (3) "health care provider" means an acupuncturist licensed under 27 AS 08.06; a chiropractor licensed under AS 08.20; a dental hygienist licensed under 28 AS 08.32; a dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a 29 dispensing optician licensed under AS 08.71; an optometrist licensed under AS 08.72; 30 a pharmacist licensed under AS 08.80; a physical therapist or occupational therapist 31 licensed under AS 08.84; a physician licensed under AS 08.64; a podiatrist; a
01 psychologist and a psychological associate licensed under AS 08.86; a hospital as 02 defined in AS 47.32.900 [AS 18.20.130], including a governmentally owned or 03 operated hospital; and an employee of a health care provider acting within the course 04 and scope of employment; 05 * Sec. 10. AS 18.26.220 is amended to read: 06 Sec. 18.26.220. Facility compliance with health and safety laws and 07 licensing requirements. A medical facility constructed, acquired, improved, 08 financed, or otherwise under the provisions of this chapter and all actions of the 09 authority are subject to AS 18.07, AS 47.32 [AS 18.20], and any other present or 10 future state licensing requirements for the facilities or services provided under this 11 chapter. A medical facility issued a certificate of need under sec. 4, ch. 275, SLA 12 1976, by virtue of being in existence or under construction before July 1, 1976, must 13 fully meet the requirements of AS 18.07 in order to be eligible for funding under this 14 chapter. 15 * Sec. 11. AS 18.50.950(4) is amended to read: 16 (4) "child adoption agency" means a child adoption agency licensed as 17 a child placement agency under AS 47.32 or former AS 47.35; 18 * Sec. 12. AS 21.86.030(c) is amended to read: 19 (c) Nothing in this section relieves a health maintenance organization that 20 wishes to exercise the power described in (a)(1) of this section from the requirements 21 of 22 (1) AS 18.07, regarding obtaining a certificate of need; 23 (2) AS 47.32 [AS 18.20], regarding regulation of hospitals; and 24 (3) other statutes applicable to hospitals or other health care facilities. 25 * Sec. 13. AS 25.23.185(c) is amended to read: 26 (c) A child adoption agency licensed under former AS 47.35 and a child 27 placement agency licensed under AS 47.32 shall maintain records of the information 28 required to be furnished to the court under this section or under regulations of the 29 commissioner implementing this section. If a child adoption agency or child 30 placement agency ceases to place persons for adoption, it shall transfer its records to 31 the commissioner.
01 * Sec. 14. AS 25.27.244(s)(2) is amended to read: 02 (2) "license" 03 (A) means, except as provided in (B) of this paragraph, a 04 license, certificate, permit, registration, or other authorization that, at the time 05 of issuance, will be valid for more than 150 days and that may be acquired 06 from a state agency to perform an occupation, including the following: 07 (i) license relating to boxing or wrestling under 08 AS 05.10; 09 (ii) authorization to perform an occupation regulated 10 under AS 08; 11 (iii) teacher certificate under AS 14.20; 12 (iv) authorization under AS 18.08 to perform 13 emergency medical services; 14 (v) asbestos worker certification under AS 18.31; 15 (vi) boiler operator's license under AS 18.60.395; 16 (vii) certificate of fitness under AS 18.62; 17 (viii) hazardous painting certification under AS 18.63; 18 (ix) security guard license under AS 18.65.400 - 19 18.65.490; 20 (x) license relating to insurance under AS 21.27; 21 (xi) employment agency permit under AS 23.15.330 - 22 23.15.520; 23 (xii) registration as a broker-dealer, an agent, a state 24 investment adviser, or an investment adviser representative under 25 AS 45.55.030; 26 (xiii) certification as a pesticide applicator under 27 AS 46.03.320; 28 (xiv) certification as a storage tank worker or contractor 29 under AS 46.03.375; 30 (xv) certification as a water and wastewater works 31 operator under AS 46.30;
01 (xvi) commercial crewmember fishing license under 02 AS 16.05.480 other than an entry permit or interim-use permit under 03 AS 16.43; 04 (xvii) fish transporter permit under AS 16.05.671; 05 (xviii) sport fishing operator license under 06 AS 16.40.260; 07 (xix) sport fishing guide license under AS 16.40.270; 08 (B) does not include 09 (i) a vessel license issued under AS 16.05.490 or 10 16.05.530; 11 (ii) a license issued to a child care facility under 12 AS 47.32 [AS 47.35]; 13 (iii) a business license issued under AS 43.70; 14 (iv) an entry permit or interim-use permit issued under 15 AS 16.43; or 16 (v) a driver's license issued under AS 28.15; 17 * Sec. 15. AS 37.05.146(c)(67) is amended to read: 18 (67) fees received by the Department of Health and Social Services 19 under AS 47.32 [AS 47.33.910 FOR LICENSING ASSISTED LIVING HOMES]; 20 * Sec. 16. AS 44.64.030(a) is amended by adding a new paragraph to read: 21 (36) AS 47.32 (licensing by the Department of Health and Social 22 Services). 23 * Sec. 17. AS 47.05.010 is amended to read: 24 Sec. 47.05.010. Duties of department. The Department of Health and Social 25 Services shall 26 (1) administer adult public assistance, the Alaska temporary assistance 27 program, and all other assistance programs, and receive and spend money made 28 available to it; 29 (2) adopt regulations necessary for the conduct of its business and for 30 carrying out federal and state laws granting adult public assistance, temporary cash 31 assistance, diversion payments, or self-sufficiency services for needy families under
01 the Alaska temporary assistance program, and other assistance; 02 (3) establish minimum standards for personnel employed by the 03 department and adopt necessary regulations to maintain those standards; 04 (4) require those bonds and undertakings from persons employed by it 05 which in its judgment are necessary, and pay the premiums on them; 06 (5) cooperate with the federal government in matters of mutual 07 concern pertaining to adult public assistance, the Alaska temporary assistance 08 program, and other forms of public assistance; 09 (6) make the reports, in the form and containing the information, that 10 the federal government from time to time requires; 11 (7) cooperate with the federal government, its agencies or 12 instrumentalities in establishing, extending, and strengthening services for the 13 protection and care of homeless, dependent, and neglected children in danger of 14 becoming delinquent, and receive and expend funds available to the department by the 15 federal government, the state or its political subdivisions for that purpose; 16 (8) cooperate with the federal government in adopting state plans to 17 make the state eligible for federal matching in appropriate categories of assistance, and 18 in all matters of mutual concern, including adoption of the methods of administration 19 that are found by the federal government to be necessary for the efficient operation of 20 welfare programs; 21 (9) adopt regulations, not inconsistent with law, defining need, 22 prescribing the conditions of eligibility for assistance, and establishing standards for 23 determining the amount of assistance that an eligible person is entitled to receive; the 24 amount of the assistance is sufficient when, added to all other income and resources 25 available to an individual, it provides the individual with a reasonable subsistence 26 compatible with health and well-being; an individual who meets the requirements for 27 eligibility for assistance shall be granted the assistance promptly upon application for 28 it; 29 (10) grant to a person claiming or receiving assistance and who is 30 aggrieved because of the department's action or failure to act, reasonable notice and an 31 opportunity for a fair hearing by the department, and the department shall adopt
01 regulations relative to this; 02 (11) enter into reciprocal agreements with other states relative to 03 public assistance, welfare services, and institutional care that are considered advisable; 04 (12) establish the requirements of residence for public assistance, 05 welfare services, and institutional care that are considered advisable, subject to the 06 limitations of other laws of the state, or law or regulation imposed as conditions for 07 federal financial participation; 08 (13) establish the divisions and local offices that are considered 09 necessary or expedient to carry out a duty or authority assigned to it and appoint and 10 employ the assistants and personnel that are necessary to carry on the work of the 11 divisions and offices, and fix the compensation of the assistants or employees except 12 that a person engaged in business as a retail vendor of general merchandise, or a 13 member of the immediate family of a person who is so engaged, may not serve as an 14 acting, temporary or permanent local agent of the department, unless the 15 commissioner of health and social services certifies in writing to the governor, with 16 relation to a particular community, that no other qualified person is available in the 17 community to serve as local welfare agent; for the purposes of this paragraph, a 18 "member of the immediate family" includes a spouse, child, parent, brother, sister, 19 parent-in-law, brother-in-law or sister-in-law; 20 (14) provide education and health-related services and referrals 21 designed to reduce the number of out-of-wedlock pregnancies and the number of 22 induced pregnancy terminations in the state; 23 (15) investigate reports of abuse, neglect, or misappropriation of 24 property by certified nurse aides in facilities licensed by the department under 25 AS 47.32 [AS 18.20]. 26 * Sec. 18. AS 47.05.055(a) is amended to read: 27 (a) If the department has reason to believe that a certified nurse aide employed 28 in a facility licensed by the department under AS 47.32 as a hospital or nursing 29 home [AS 18.20] has committed abuse, neglect, or misappropriation of property in 30 connection with the person's duties as a certified nurse aide at the facility, the 31 department shall investigate the matter. The department shall conduct proceedings to
01 determine whether [IF] a finding of abuse, neglect, or misappropriation of property 02 should be made. These proceedings shall be conducted under AS 44.62.330 - 03 44.62.630. A finding under this subsection that a certified nurse aide has committed 04 abuse, neglect, or misappropriation of property shall be reported by the department to 05 the Board of Nursing. 06 * Sec. 19. AS 47.05 is amended by adding new sections to read: 07 Article 3. Criminal History; Registry. 08 Sec. 47.05.300. Applicability. (a) The provisions of AS 47.05.310 - 09 47.05.390 apply to any individual or entity that is required by statute or regulation to 10 be licensed or certified by the department or that is eligible to receive payments, in 11 whole or in part, from the department to provide for the health, safety, and welfare of 12 persons who are served by the programs administered by the department. 13 (b) Those individual service providers subject to AS 47.05.310 - 47.05.390 14 under (a) of this section include 15 (1) public home care providers described in AS 47.05.017; 16 (2) providers of home and community-based waiver services financed 17 under AS 47.07.030(c); and 18 (3) case managers to coordinate community mental health services 19 under AS 47.30.530. 20 Sec. 47.05.310. Criminal history; criminal history check; compliance. (a) 21 If an individual has been charged with, convicted of, found not guilty by reason of 22 insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the 23 standards for licensure or certification established by the department by regulation, 24 that individual may not own an entity, or be an officer, director, partner, member, or 25 principal of the business organization that owns an entity. In addition, an entity may 26 not 27 (1) allow that individual to operate the entity; 28 (2) hire or retain that individual at the entity as an employee, 29 independent contractor, or volunteer of the entity; 30 (3) allow that individual to reside in the entity if not a recipient of 31 services; or
01 (4) allow that individual to be present in the entity if the individual 02 would have regular contact with individuals who receive services from the entity, 03 unless that individual is a family member of or visitor of an individual who receives 04 services from the entity. 05 (b) The department may not issue or renew a license or a certification for an 06 entity that is in violation of (a) of this section or that would be in violation based on 07 the information received as part of the application process. 08 (c) The department may not issue or renew a license or certification for an 09 entity if an individual is applying for a license, license renewal, certification, or 10 certification renewal for the entity and that 11 (1) individual has been found by a court or agency of this or another 12 jurisdiction to have neglected, abused, or exploited a child or vulnerable adult under 13 AS 47.10, AS 47.24, or AS 47.62 or a substantially similar provision in another 14 jurisdiction; or 15 (2) individual's name appears on the centralized registry established 16 under AS 47.05.330 or a similar registry of this state or another jurisdiction. 17 (d) An entity shall provide to the department a release of information 18 authorization for a criminal history check for an individual who is not a recipient of 19 services from the entity and, after the entity has been issued a license, license renewal, 20 certification, or certification renewal by the department, 21 (1) who intends to become an owner of the entity, or an officer, 22 director, partner, member, or principal of the business organization that owns the 23 entity; 24 (2) whom the entity intends to hire or retain as the operator of the 25 entity's business; 26 (3) whom the entity intends to hire or retain as an employee, 27 independent contractor, or volunteer of the entity; or 28 (4) who will be present in the entity or at the places of operation of 29 entity, and would have regular contact with individuals who receive services from the 30 entity, but who is not a family member or visitor of an individual who receives 31 services from the entity.
01 (e) An individual for whom a release of information authorization has been 02 provided to the department shall submit the individual's fingerprints to the department, 03 with the fee established under AS 12.62.160, for a report of criminal justice 04 information under AS 12.62 and for submission by the Department of Public Safety to 05 the Federal Bureau of Investigation for a national criminal history record check. The 06 Department of Public Safety shall provide the report of criminal justice information 07 and the results of the national criminal history record check to the department for its 08 use in considering an application for a license, license renewal, certification, or 09 certification renewal, or in considering other approval or selection regarding an entity, 10 for compliance with the standards established in this section. For purposes of 11 obtaining access to criminal justice information maintained by the Department of 12 Public Safety under AS 12.62, the department is a criminal justice agency conducting 13 a criminal justice activity. The department may waive the requirement for fingerprint 14 submission if an individual is unable to provide fingerprints due to a medical or 15 physical condition that is documented by a licensed physician. 16 (f) The provisions of this section do not apply if the department grants an 17 exception from a requirement of (a) - (e) of this section under a regulation adopted by 18 the department. 19 (g) The department shall adopt regulations listing those criminal offenses that 20 are inconsistent with the standards for licensure or certification by the department. 21 (h) An individual service provider is subject to the provisions of (a) - (g) of 22 this section as if the individual service provider were an entity subject to those 23 provisions. 24 (i) For purposes of (b) and (c) of this section, in place of nonissuance or 25 nonrenewal of a license or certification, an entity or individual service provider that is 26 not required to be licensed or certified by the department or a person wishing to 27 become an entity or individual service provider that is not required to be licensed or 28 certified by the department is instead ineligible to receive a payment, in whole or in 29 part, from the department to provide for the health, safety, and welfare of persons who 30 are served by the programs administered by the department if the entity, individual 31 service provider, or person
01 (1) is in violation of (a) of this section or would be in violation based 02 on information received by the department as part of an application, approval, or 03 selection process; 04 (2) has been found by a court or agency of this or another jurisdiction 05 to have neglected, abused, or exploited a child or vulnerable adult under AS 47.10, 06 AS 47.24, or AS 47.62 or a substantially similar provision in another jurisdiction; or 07 (3) appears on the centralized registry established under AS 47.05.330 08 or a similar registry of this state or another jurisdiction. 09 Sec. 47.05.320. Criminal history use standards. The department shall by 10 regulation establish standards for the consideration and use by the department, an 11 entity, or an individual service provider of the criminal history of an individual 12 obtained under AS 47.05.310. 13 Sec. 47.05.330. Centralized registry. (a) The department shall by regulation 14 provide for a centralized registry to facilitate the licensing or certification of entities 15 and individual service providers, the authorization of payments to entities or 16 individual service providers by the department, and the employment of individuals by 17 entities and individual service providers. 18 (b) Except for the name of each victim being redacted before the information 19 is placed on the registry, the registry shall consist of the following information for an 20 entity or individual service provider, an applicant on behalf of an entity or individual 21 service provider, or an employee of an entity or individual service provider: 22 (1) orders, judgments, and adjudications finding that the applicant or 23 the employee committed abuse, neglect, or exploitation under AS 47.10, AS 47.24, 24 AS 47.62, or a substantially similar provision in another jurisdiction; 25 (2) orders under a state statute or a substantially similar provision in 26 another jurisdiction that a license or certification of the entity or individual service 27 provider to provide services related to the health, safety, and welfare of persons was 28 denied, suspended, revoked, or conditioned. 29 (c) As a condition for applying for licensure or certification of an entity or 30 individual service provider, or for payment to an entity or individual service provider 31 by the department, an applicant must agree to submit timely to the registry the
01 information required under this section relating to the entity, any individual, the 02 applicant, and employees of the entity or individual service provider. 03 (d) The department shall prescribe by regulation the form or format by which 04 an applicant must submit required information to the registry. 05 (e) Notwithstanding any contrary provision of law, the department may also 06 submit information described in this section to the registry. An entity or individual 07 that is exempt from department licensure or certification and that does not receive 08 money from the department for its services may voluntarily submit information 09 described in this section to the department for placement in the registry. 10 (f) Information contained in the registry is a public record under AS 40.25 and 11 is subject to public inspection and copying. 12 (g) A person who, in good faith, submits information to the registry in 13 accordance with this section is immune from civil or criminal liability that might 14 otherwise exist for submitting information to the registry. 15 (h) A person about whom information is placed in the registry may request the 16 department to delete or modify the information to correct inaccuracies. The 17 department shall investigate the request and make necessary deletions or 18 modifications. 19 Sec. 47.05.340. Regulations. The department shall adopt regulations to 20 implement AS 47.05.300 - 47.05.390. 21 Sec. 47.05.390. Definitions. In AS 47.05.300 - 47.05.390, unless the context 22 otherwise requires, 23 (1) "criminal history records" has the meaning given in AS 12.64.010; 24 (2) "criminal justice activity" has the meaning given in AS 12.62.900; 25 (3) "criminal justice agency" has the meaning given in AS 12.62.900; 26 (4) "criminal justice information" has the meaning given in 27 AS 12.62.900; 28 (5) "department" means the Department of Health and Social Services; 29 (6) "entity" includes an entity listed in AS 47.32.010(b); 30 (7) "individual service provider" means an individual described in 31 AS 47.05.300(a), and includes those listed in AS 47.05.300(b);
01 (8) "license" includes a provisional license. 02 * Sec. 20. AS 47.10.141(b) is amended to read: 03 (b) A peace officer shall take into protective custody a minor described in (a) 04 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) of 05 this section applies, when a peace officer takes a minor into protective custody under 06 this subsection, 07 (1) the peace officer shall 08 (A) return the minor to the minor's parent or guardian at the 09 parent's or guardian's residence if the residence is in the same community 10 where the minor was found and if the minor's parent or guardian consents to 11 the return, except that the officer may not use this option if the officer has 12 reasonable cause to believe that the minor has experienced physical or sexual 13 abuse in the parent's or guardian's household; 14 (B) take the minor to a nearby location agreed to by the minor's 15 parent or guardian if the parent or guardian does not consent to return of the 16 minor under (A) of this paragraph and the officer does not have reasonable 17 cause to believe that the minor has experienced physical or sexual abuse in the 18 parent's or guardian's household; or 19 (C) if disposition of the minor is not made under (A) or (B) of 20 this paragraph, take the minor to 21 (i) an office specified by the Department of Health and 22 Social Services; 23 (ii) a program for runaway minors licensed by the 24 department under AS 47.10.310; 25 (iii) a shelter for runaways that has a permit from the 26 department under AS 47.32 [AS 47.35.085] that agrees to shelter the 27 minor; 28 (iv) a facility or contract agency of the department; or 29 (v) another suitable location and promptly notify the 30 department if an office specified by the department, a licensed program 31 for runaway minors, a shelter for runaways that will accept the minor,
01 or a facility or contract agency of the department does not exist in the 02 community; 03 (2) if the peace officer plans to take the minor to an office, program, 04 shelter, or facility under (1)(C) of this subsection, the peace officer shall give the 05 highest priority to taking the minor to an office, program, shelter, or facility that is 06 semi-secure; 07 (3) a minor under protective custody may not be housed in a jail or 08 other detention facility but may be housed in a semi-secure portion of an office, 09 program, shelter, or other facility under (1) (C) of this subsection; 10 (4) the peace officer, immediately upon taking a minor into protective 11 custody, shall 12 (A) advise the minor of available mediation services and of the 13 right to social services under AS 47.10.142(b); and 14 (B) if the identity of the minor's parent or guardian is known, 15 advise the minor's parent or guardian that the minor has been taken into 16 protective custody and that counseling services for the minor's parent or 17 guardian and the minor's household may be available under AS 47.10.142(b). 18 * Sec. 21. AS 47.10.392 is amended to read: 19 Sec. 47.10.392. Certificate required. A private residence may not be held 20 out publicly as a shelter for runaway minors unless the residence 21 (1) is designated a shelter for runaways by a corporation that is 22 licensed to make the designation under AS 47.32 [AS 47.35.085]; and 23 (2) has a valid permit from the department signifying that designation. 24 * Sec. 22. AS 47.10.399(2) is amended to read: 25 (2) "shelter for runaways" or "shelter for runaway minors" means a 26 private residence whose legal occupant agrees to shelter, with or without 27 compensation, a runaway minor accepted into the residence by the legal occupant and 28 that 29 (A) is not simultaneously licensed under AS 47.10.310 as a 30 program for runaway minors; 31 (B) has been designated a shelter for runaways by a corporation
01 licensed for that purpose under AS 47.32 [AS 47.35.085]; and 02 (C) has a permit issued by the department under AS 47.32 03 [AS 47.35.085]. 04 * Sec. 23. AS 47.10.990(10) is amended to read: 05 (10) "foster care" means care provided by a person or household under 06 a foster home license required under AS 47.32 [AS 47.35.015]; 07 * Sec. 24. AS 47.10.990(24) is amended to read: 08 (24) "secure residential psychiatric treatment center" has the meaning 09 given "residential psychiatric treatment center" in AS 47.32.900 [AS 47.35.900]. 10 * Sec. 25. AS 47.12.990(14) is amended to read: 11 (14) "secure residential psychiatric treatment center" has the meaning 12 given "residential psychiatric treatment center" in AS 47.32.900; [AS 47.35.900.] 13 * Sec. 26. AS 47.24.013(a) is amended to read: 14 (a) If a report received under AS 47.24.010 regards the abandonment, 15 exploitation, abuse, neglect, or self-neglect of a vulnerable adult who is 60 years of 16 age or older that is alleged to have been committed by or to have resulted from the 17 negligence of the staff or a volunteer of an out-of-home care facility, including a 18 facility licensed under AS 47.32 [AS 18.20], in which the vulnerable adult resides, the 19 department shall transfer the report for investigation to the long term care ombudsman 20 under AS 47.62.015. 21 * Sec. 27. AS 47.24.017(d) is amended to read: 22 (d) If the protective services under this section include the placement of a 23 vulnerable adult in an assisted living home at the state's expense, the minimum daily 24 reimbursement rate to the assisted living home for the vulnerable adult is $70. The 25 department may, under its regulations, provide for a daily rate higher than $70 if the 26 additional care provided to the vulnerable adult in the assisted living home justifies the 27 additional reimbursement. In this subsection, "assisted living home" means an assisted 28 living home licensed under AS 47.32 [AS 47.33]. 29 * Sec. 28. AS 47.25.071(b) is amended to read: 30 (b) To qualify for a grant under (a) or (d) of this section, the child care facility 31 must
01 (1) be currently licensed under AS 47.32 [AS 47.35] and applicable 02 municipal licensing requirements; 03 (2) participate in the day care assistance program under AS 47.25.001 - 04 47.25.095; and 05 (3) provide care under a payment system as provided in (g) of this 06 section. 07 * Sec. 29. AS 47.25.095(2) is amended to read: 08 (2) "child care facility" means an establishment licensed as a child 09 care facility under AS 47.32 [AS 47.35], including day care centers, family day care 10 homes, and schools for preschool age children, that provides care for children not 11 related by blood, marriage, or legal adoption to the owner, operator, or manager of the 12 facility; 13 * Sec. 30. AS 47.25.095(4) is amended to read: 14 (4) "day care facility" means a center or home licensed in accordance 15 with the provisions of AS 47.32 as a child care facility [AS 47.35] or recognized by 16 the federal government for the care of children; 17 * Sec. 31. AS 47.25.195(f)(1) is amended to read: 18 (1) "assisted living home" means an assisted living home licensed 19 under AS 47.32 [AS 47.33]; 20 * Sec. 32. AS 47.30.915(5) is amended to read: 21 (5) "evaluation facility" means a health care facility that has been 22 designated or is operated by the department to perform the evaluations described in 23 AS 47.30.660 - 47.30.915, or a medical facility licensed under AS 47.32 24 [AS 18.20.020] or operated by the federal government; 25 * Sec. 33. AS 47.31.100(4) is amended to read: 26 (4) "evaluation facility" means a health care facility that has been 27 designated by the department to perform the evaluations described in AS 47.30.670 - 28 47.30.915, including a facility licensed under AS 47.32 [AS 18.20.020] or operated by 29 the federal government; 30 * Sec. 34. AS 47 is amended by adding a new chapter to read: 31 Chapter 32. Centralized Licensing and Related Administrative Procedures.
01 Sec. 47.32.010. Purpose and applicability. (a) The purpose of this chapter 02 is to establish centralized licensing and related administrative procedures for the 03 delivery of services in this state by the entities listed in (b) of this section. These 04 procedures are intended to promote safe and appropriate services by setting standards 05 for licensure that will reduce predictable risk; improve quality of care; foster 06 individual and patient rights; and otherwise advance public health, safety, and welfare. 07 (b) This chapter and regulations adopted under this chapter apply to the 08 following entities: 09 (1) ambulatory surgical centers; 10 (2) assisted living homes; 11 (3) child care facilities; 12 (4) child placement agencies; 13 (5) foster homes; 14 (6) free-standing birth centers; 15 (7) home health agencies; 16 (8) hospices, or agencies providing hospice services or operating 17 hospice programs; 18 (9) hospitals; 19 (10) intermediate care facilities for the mentally retarded; 20 (11) maternity homes; 21 (12) nursing facilities; 22 (13) residential child care facilities; 23 (14) residential psychiatric treatment centers; 24 (15) rural health clinics; 25 (16) runaway shelters. 26 Sec. 47.32.020. Requirement to obtain a license. (a) An entity may not 27 operate a facility described in AS 47.32.010(b) without first obtaining a license under 28 this chapter unless the entity is exempt under regulations adopted under AS 47.32.030. 29 (b) If an entity encompasses more than one type of activity listed in 30 AS 47.32.010(b), the entity shall apply for and receive a separate license under this 31 chapter before operating that type of activity unless exempt under regulations adopted
01 under AS 47.32.030. 02 Sec. 47.32.030. Powers of the department. (a) The department may 03 (1) administer and enforce the provisions of this chapter; 04 (2) coordinate and develop policies, programs, and planning related to 05 licensure and operation of entities listed in AS 47.32.010(b); 06 (3) adopt regulations necessary to carry out the purposes of this 07 chapter, including regulations that 08 (A) establish fees for licensing of each type of entity listed in 09 AS 47.32.010(b); 10 (B) impose requirements for licensure, including standards for 11 license renewal, that are in addition to the requirements of this chapter or of 12 any other applicable state or federal statute or regulation; 13 (C) impose requirements and standards on licensed entities that 14 are in addition to those imposed by this chapter or by any other applicable state 15 or federal statute or regulation, including 16 (i) requirements and standards necessary for an entity or 17 the state to receive money from the department from any source, 18 including federal money; 19 (ii) record-keeping requirements; 20 (iii) reporting requirements; and 21 (iv) requirements and standards regarding health, safety, 22 and sanitation; 23 (D) provide for waivers, variances, and exemptions from the 24 requirements of this chapter, including the requirement to obtain a license, if 25 the department finds it necessary for the efficient administration of this 26 chapter; and 27 (E) establish requirements for the operation of entities licensed 28 under this chapter; 29 (4) investigate 30 (A) entities described in AS 47.32.010(b); 31 (B) applicants for licensure, including individuals named in an
01 application; and 02 (C) other persons that the department has reason to believe are 03 operating an entity required to be licensed under this chapter, or are residing or 04 working in an entity for which licensure has been sought under this chapter; 05 this subparagraph does not apply to persons receiving services from an entity 06 for which licensure has been sought under this chapter; 07 (5) inspect and monitor licensed entities for compliance with this 08 chapter, regulations adopted under this chapter, and any other applicable statutes or 09 regulations; 10 (6) enter into contracts and agreements necessary to carry out the 11 functions, powers, and duties of the department under this chapter; 12 (7) enter into agreements with private entities, municipalities, and 13 individuals to investigate and make recommendations to the department regarding the 14 licensure and monitoring of entities under this chapter; 15 (8) require an individual who is or will be operating an entity to 16 complete training related to the operation of the entity; 17 (9) waive the application requirements for an entity seeking licensure 18 if the entity submits documentation verifying that it 19 (A) has a license issued by an organization or other agency that 20 has licensing authority under state or federal law if the standards for that 21 licensure are approved by the department under this chapter or regulations 22 adopted under this chapter; 23 (B) has accreditation from a nationally recognized organization 24 if the standards for that accreditation are equal to or more stringent than the 25 standards for licensure under this chapter or regulations adopted under this 26 chapter; or 27 (C) is an entity that federal law does not require to be licensed. 28 (b) Nothing in this chapter obligates the department to provide financial 29 support to an entity licensed under this chapter. 30 Sec. 47.32.040. Application for license. A person shall apply to the 31 department for a license under this chapter. The application must be made to the
01 department on a form provided by the department or in a format approved by the 02 department, and must be accompanied by 03 (1) any fee established by regulation; and 04 (2) documents and information required by regulation. 05 Sec. 47.32.050. Provisional license; biennial license. (a) The department 06 may issue a provisional license to an entity for which application is made under 07 AS 47.32.040 if, after inspection and investigation, the department determines that the 08 application and the entity meet the requirements of this chapter, regulations adopted 09 under this chapter, and any other applicable statutes or regulations. A provisional 10 license is valid for a period not to exceed one year, except that the department may 11 extend a provisional license for one additional period not to exceed one year. 12 (b) Before expiration of a provisional license issued under (a) of this section, 13 the department shall inspect and investigate the entity to determine whether the entity 14 is operating in compliance with this chapter, regulations adopted under this chapter, 15 and any other applicable statutes or regulations. After inspection and investigation 16 under this subsection and before expiration of a provisional license, the department 17 shall issue a biennial license for the entity if the department finds that 18 (1) the entity meets the requirements for biennial licensure established 19 in this chapter, regulations adopted under this chapter, and other applicable statutes 20 and regulations; 21 (2) a ground for nonrenewal of a license does not exist; and 22 (3) any applicable fee has been paid. 23 (c) The department may place one or more conditions on a provisional or 24 biennial license issued under this section in order to further the purposes of this 25 chapter. 26 Sec. 47.32.060. License renewal. (a) At least 90 days before expiration of a 27 biennial license, a licensed entity that intends to remain licensed shall submit an 28 application for renewal of the license on a form provided by the department or in a 29 format approved by the department, accompanied by 30 (1) all documents and information identified in regulation as being 31 required for renewal of the license; and
01 (2) any fee established by regulation. 02 (b) Before expiration of a biennial license, the department or its representative 03 may inspect an entity that is the subject of a renewal application to determine whether 04 the entity is operating in compliance with this chapter, regulations adopted under this 05 chapter, and other applicable statutes or regulations. After any inspection and 06 investigation under this subsection and before expiration of the biennial license, the 07 department shall renew a biennial license if the department finds that 08 (1) the licensed entity meets the requirements for renewal; 09 (2) a ground for nonrenewal of a license does not exist; and 10 (3) any applicable fee has been paid. 11 (c) If an application for renewal of a license is submitted but the department is 12 unable to complete its review of the application before the expiration of the biennial 13 license, the license is automatically extended for six months or until the department 14 completes its review and either approves or denies the application, whichever occurs 15 earlier. 16 (d) The department may place one or more conditions on a renewed license 17 issued under this section to further the purposes of this section. 18 (e) The department shall adopt regulations establishing the grounds for 19 nonrenewal of a license for purposes of AS 47.32.050 and this section. 20 Sec. 47.32.070. Denial of or conditions on license. (a) If the department 21 denies an application for or places conditions on a provisional or biennial license or 22 license renewal, the department shall provide the applicant or entity with a notice of 23 the action by certified mail. The notice must contain a written statement of the reason 24 for the action and information about requesting a hearing under (b) of this section. 25 (b) An applicant or entity that receives a notice of action under (a) of this 26 section may appeal the department's decision by requesting a hearing within 15 days 27 after receipt of the notice. The appeal must be on a form provided by the department 28 or in a format approved by the department. 29 Sec. 47.32.080. Posting of license; license not transferable. (a) A license 30 issued under this chapter shall be posted in a conspicuous place on the licensed 31 premises. Any notice of a variance issued by the department shall be posted near the
01 license. 02 (b) A license issued under this chapter is not transferable unless authorized by 03 the department. 04 Sec. 47.32.090. Complaints and investigation. (a) A person who believes 05 that an entity has violated an applicable statute or regulation or a condition of a license 06 issued under this chapter may file a verbal or written complaint with the department. 07 (b) The department may investigate a complaint filed under this section. The 08 department may decline to investigate a complaint if the department reasonably 09 concludes and documents that the complaint is without merit based on information 10 available to the department at the time of the complaint. The department may 11 consolidate complaints if the department concludes that a single investigation would 12 further the efficient administration of this chapter. 13 (c) A licensed entity may not take retaliatory action against a person who files 14 a complaint. Except as provided in AS 47.32.160, a complainant against whom a 15 retaliatory action has been taken may recover treble damages in a civil action upon a 16 showing that the action was taken in retaliation for the filing of a complaint. 17 Sec. 47.32.100. Cooperation with investigation. An entity shall cooperate 18 with an investigation initiated by the department. An investigated entity shall 19 (1) permit representatives of the department to inspect the entity; 20 review records, including files of individuals who received services from the entity; 21 interview staff; and interview individuals receiving services from the entity; and 22 (2) upon request, provide the department with information and 23 documentation regarding compliance with applicable statutes and regulations. 24 Sec. 47.32.110. Right of access and inspection. (a) A designated agent or 25 employee of the department shall have right of access to an entity 26 (1) to determine whether an application for licensure or renewal is 27 appropriate; 28 (2) to conduct a complaint investigation; 29 (3) to conduct a standard inspection; 30 (4) to inspect documents, including personnel records, accounts, the 31 building, or the premises;
01 (5) to interview staff or residents; or 02 (6) if the department has reasonable cause to believe that the entity is 03 operating in violation of this chapter or the regulations adopted under this chapter. 04 (b) If an entity denies access, the department may petition the court for an 05 order permitting access, or the department may seek to revoke the entity's license 06 under AS 47.32.140. 07 (c) Upon petition of the department and after a hearing held upon reasonable 08 notice to the entity, the court shall issue an order to an officer or employee of the 09 department authorizing the officer or employee to enter for any of the purposes 10 described in (a) of this section. 11 Sec. 47.32.120. Report. (a) Within 10 working days after completing an 12 investigation or inspection under AS 47.32.090 - 47.32.110, the department shall 13 prepare a report of the results of the investigation or inspection and mail a copy of the 14 report to the entity. The report shall include a description of 15 (1) any violation, including a citation to each statute or regulation that 16 has been violated; and 17 (2) any enforcement action the department intends to take under 18 AS 47.32.130 or 47.32.140. 19 (b) An entity that receives a copy of a report under this section may submit a 20 written response to the report to the department. The department may require an entity 21 to submit a response to a report received under this section. 22 (c) Within 14 days after the entity receives a copy of the report under this 23 section, upon request of the complainant, the department shall provide a copy of the 24 report to the complainant. 25 Sec. 47.32.130. Enforcement action: immediate revocation or suspension. 26 (a) If the department's report of investigation or inspection under AS 47.32.120 27 concludes that the department has reasonable cause to believe that a violation of an 28 applicable statute or regulation has occurred that presents an immediate danger to the 29 health, safety, or welfare of an individual receiving services from the entity, the 30 department, without an administrative hearing and without providing an opportunity to 31 cure or correct the violation, may immediately revoke or suspend the entity's license
01 or, if the entity is not licensed under this chapter, may revoke the entity's ability to 02 become licensed under this chapter or to provide services as an entity exempted under 03 this chapter. A suspension or revocation under this subsection takes effect 04 immediately upon initial notice to the entity from the department, is in addition to any 05 enforcement action under AS 47.32.140, and continues until a final determination 06 under (c) of this section or AS 47.32.150. 07 (b) Notice under this section shall be provided as follows: 08 (1) the department shall provide initial notice to the entity at the time 09 the department determines that an immediate suspension or revocation is required; 10 initial notice may be oral, except that, if an entity representative is not present at the 11 entity, the department shall post written notice on the front door of the entity; the 12 initial notice must provide information regarding the entity's appeal rights; 13 (2) the department shall provide formal written notice to the entity 14 within 14 working days after the immediate revocation or suspension decision; formal 15 written notice must include 16 (A) a copy of the department's report under AS 47.32.120, a 17 statement of the entity's right to submit a written response to the report, and 18 any department requirement that the entity submit a written response to the 19 report; 20 (B) a description of any enforcement action the department 21 intends to take under AS 47.32.140(d) or (f); and 22 (C) information regarding the entity's appeal rights. 23 (c) An entity to which a notice has been provided under this section may 24 appeal the department's decision to impose the enforcement action, including an 25 enforcement action the department intends to take under AS 47.32.140(d) or (f), by 26 filing a written request for a hearing, on a form provided by the department, within 15 27 days after receipt of the notice. If a hearing is not timely requested under this 28 subsection, the department's notice constitutes a final administrative order for which 29 the department may seek the court's assistance in enforcing. 30 Sec. 47.32.140. Enforcement actions. (a) If the department's report of 31 investigation or inspection under AS 47.32.120 concludes that the department has
01 reasonable cause to believe that a violation of an applicable statute or regulation has 02 occurred, the department shall provide notice to the entity of the violation and an 03 opportunity to cure the violation within a reasonable time specified by the department. 04 The notice must include a copy of the department's report under AS 47.32.120, a 05 statement that the entity may submit a written response to the report, any department 06 requirement that the entity submit a written response to the report, a description of any 07 enforcement action the department intends to take under (d) or (f) of this section, and 08 information regarding the entity's appeal rights. 09 (b) An entity receiving a notice under (a) of this section, or a notice under 10 AS 47.32.130(b)(2) that contains the information specified in AS 47.32.130(b)(2)(B), 11 shall submit a plan of correction to the department for approval. Once it has cured its 12 violations, the entity shall submit to the department an allegation of compliance. 13 Upon receipt of the allegation of compliance, the department may conduct a follow-up 14 investigation or inspection to determine compliance. The department may take one or 15 more enforcement actions under (d) and (f) of this section regardless of whether the 16 entity achieves compliance under this subsection. 17 (c) If the department believes that an entity has not voluntarily corrected the 18 violation or entered into a plan of correction with the approval of the department, the 19 department may require that the entity participate in a plan of correction under 20 regulations of the department. Once the entity has cured its violations, it shall submit 21 to the department an allegation of compliance. Upon receipt of the allegation of 22 compliance, the department may conduct a follow-up investigation or inspection to 23 determine compliance. The department may take one or more enforcement actions 24 under (d) and (f) of this section regardless of whether the entity achieves compliance 25 under this subsection. 26 (d) The department may take one or more of the following enforcement 27 actions under this section: 28 (1) delivery of a warning notice to the licensed entity and to any 29 additional person who was the subject of the investigation or inspection; 30 (2) modification of the term or scope of the entity's existing license, 31 including changing a biennial license to a provisional license or adding a condition to
01 the license; 02 (3) suspension of the entity's operations for a period of time set by the 03 department; 04 (4) suspension of or a ban on the entity's provision of services to 05 individuals not already receiving services from the entity for a period of time set by 06 the department; 07 (5) nonrenewal of the entity's license; 08 (6) revocation of the entity's license or, if the entity is not licensed 09 under this chapter, revocation of the entity's ability to become licensed under this 10 chapter; 11 (7) issuance of an order requiring closure, immediate or otherwise, of 12 the entity regardless of whether the entity is licensed or unlicensed; 13 (8) denial of payments under AS 47.07 for the entity's provision of 14 services to an individual not already receiving services from the entity; 15 (9) assumption of either temporary or permanent management of the 16 entity or pursuit of a court-ordered receiver for the entity; 17 (10) reduction of the number of individuals receiving services from the 18 entity under the license; 19 (11) imposition of a penalty authorized under law; 20 (12) inclusion in the registry established under AS 47.05.330; 21 (13) requirement that the entity prepare and submit a plan of 22 correction. 23 (e) The department may not take action under (d)(9) of this section unless the 24 commissioner has reasonable cause to believe that continued management by the 25 entity while the entity is attempting to cure a violation would be injurious to the 26 health, safety, or welfare of an individual who is receiving a service from the entity. 27 (f) In addition to any other enforcement actions the department may take 28 under this section, the department may assess a civil fine against an entity for a 29 violation of an applicable statute or regulation, taking into account the type and size of 30 the entity and the type and severity of the violation. A fine assessed under this 31 subsection may not exceed $2,500 a day for each day of violation for a continuing
01 violation or $25,000 for a single violation. 02 (g) An entity to which a notice has been provided under this section regarding 03 an enforcement action under (d) or (f) of this section may appeal the department's 04 decision to impose the enforcement action by filing a written request for a hearing, on 05 a form provided by the department, within 15 days after receipt of the notice of the 06 enforcement action. 07 (h) An enforcement action under (d) or (f) of this section may not be imposed 08 until 09 (1) the time period for requesting a hearing under AS 47.32.130(c) or 10 under (g) of this section, as applicable, has passed without a hearing being requested; 11 or 12 (2) a final agency decision has been issued following a hearing 13 requested under AS 47.32.130(c) or under (g) of this section, as applicable. 14 (i) If a hearing is not timely requested under AS 47.32.130(c) or under (g) of 15 this section, as applicable, the department's notice regarding an enforcement action 16 under (d) or (f) of this section constitutes a final administrative order. The department 17 may seek the court's assistance in enforcing the final administrative order. 18 (j) An entity against which an enforcement action under (d) or (f) of this 19 section has been taken may not apply for a license or license renewal until after the 20 time period set by the department in its final administrative order under 21 AS 47.32.130(c), this section, or AS 47.32.150, as applicable. If a time period has not 22 been set, a final administrative order against the entity has the effect of a permanent 23 revocation and the entity may not apply for a license or license renewal. If the 24 ownership, control, or management of an entity changes, the department may allow 25 the entity to seek licensure if the entity submits documents showing the change. 26 (k) Assessment of a civil fine under this section does not preclude imposition 27 of a criminal penalty under AS 47.32.170. 28 Sec. 47.32.150. Hearings. (a) Upon receipt of a timely request for a hearing 29 by an entity regarding an enforcement action under AS 47.32.130(a) or 30 47.32.140(d)(3), (5), (6), (7), or (9), the department shall request the chief 31 administrative law judge appointed under AS 44.64.020 to appoint an administrative
01 law judge employed or retained by the office of administrative hearings to preside 02 over a hearing conducted under this section. AS 44.64.060 applies to the hearing. 03 (b) Upon receipt of a timely request for a hearing by an entity regarding an 04 enforcement action under AS 47.32.070 or 47.32.140(d)(1), (2), (4), (8), (10), (11), 05 (12), or (13), the department shall conduct a hearing in front of an officer appointed by 06 the commissioner. A hearing under this subsection may be conducted on the record, 07 in an informal manner, and shall not be conducted under AS 44.62 or AS 44.64. The 08 appointed hearing officer may be a state employee. 09 (c) The decision following a hearing conducted under (a) or (b) of this section 10 constitutes a final agency administrative order. 11 (d) A hearing conducted under this section shall take place within 120 days 12 after the department's receipt of the request for hearing. A hearing may be held on an 13 expedited basis upon a showing of good cause. An expedited hearing shall be held 14 within 60 days after the department's receipt of the request for a hearing. 15 Sec. 47.32.160. Immunity. (a) The department, its employees, and its agents 16 are not liable for civil damages as a result of an act or omission in the licensure 17 process, the monitoring of a licensed entity, or any activities under this chapter. 18 (b) A volunteer who works for a hospice program licensed under this chapter 19 is not liable for damages for personal injury, wrongful death, or property damage for 20 an act or omission committed in the course of hospice-related duties unless the act or 21 omission constitutes gross negligence, recklessness, or intentional misconduct. 22 (c) An entity that obtains information about an employee under a criminal 23 history check under AS 47.05.310 may use that information only as provided in 24 regulations adopted by the department under AS 47.05.320. However, if that entity 25 reasonably relies on that information in denying employment for an individual 26 selected for hire as an employee, including during a period of provisional 27 employment, the entity is not liable in an action brought by the individual based on the 28 employment determination resulting from the information. 29 Sec. 47.32.170. Criminal penalty. A person who intentionally or with 30 criminal negligence violates a provision of this chapter or a regulation adopted under 31 this chapter related to the health and safety of persons served by an entity required to
01 comply with this chapter is guilty of a class B misdemeanor. 02 Sec. 47.32.180. Confidentiality; release of certain information. (a) Except 03 as otherwise provided by law, the following are confidential and may not be disclosed 04 to the public without a court order: complaints; investigations; inspections; records 05 related to a complaint, investigation, or inspection; and the identity of a complainant 06 and of individuals receiving services from an entity. 07 (b) With the exception of information that identifies a complainant or a 08 recipient of services from an entity, a copy of the department's report of investigation 09 or inspection under AS 47.32.120, an entity's written response to the report, and 10 information regarding any department imposition of an enforcement action under 11 AS 47.32.130 or 47.32.140 are public records under AS 40.25. The department shall 12 make this information available to the public for inspection and copying within 13 timeframes specified in AS 40.25 or regulations adopted under AS 40.25 after the 14 (1) entity receives its copy of the report of investigation under 15 AS 47.32.120, if the department has determined that an enforcement action under AS 16 47.32.130 or 47.32.140 will not be taken regarding the entity; 17 (2) department's notice of enforcement action under AS 47.32.130 or 18 47.32.140 becomes a final administrative order without a hearing under 19 AS 47.32.130(c) or 47.32.140(i); or 20 (3) issuance of a decision following a hearing under AS 47.32.150. 21 Sec. 47.32.190. Access to information. Notwithstanding any contrary 22 provision of law, the divisions of the department assigned public health and public 23 assistance functions shall have access to any information compiled or retained by 24 other divisions within the department, regardless of the nature of the information or 25 whether the information is considered confidential, in order to assist in administering 26 the provisions of this chapter. 27 Sec. 47.32.200. Notice of changes from an entity. (a) An entity shall 28 provide the department with written notice of a change of mailing address at least 14 29 days before the effective date of the change. 30 (b) An entity shall notify the department within 24 hours after having 31 knowledge that an administrator, employee, volunteer, or household member, as
01 required by the type of entity under department regulations, has been 02 (1) convicted of, has been charged by information or complaint with, 03 or is under indictment or presentment for an offense listed in regulations adopted 04 under AS 47.05.310 or a law or ordinance of this or another jurisdiction with similar 05 elements; or 06 (2) found to have neglected or abused a child as described in AS 47.10. 07 (c) An entity shall notify the department within 24 hours after having 08 knowledge of any allegation or suspicion of abuse, neglect, or misappropriation of 09 money or other property of an individual receiving services from the entity. The entity 10 shall conduct an investigation and make a written report to the department within five 11 days following notification to the department under this subsection. 12 (d) Not less than 20 days before the effective date of a decision to relinquish 13 the entity's license, the entity shall notify the department of the decision. 14 (e) Not more than one day after signing a contract for sale of the licensed 15 entity, the entity shall notify the department of the sale. 16 (f) Not less than 30 days before an entity wishes to change the location of the 17 entity, the entity shall notify the department of the change. 18 Sec. 47.32.900. Definitions. In this chapter, 19 (1) "ambulatory surgical center" means a facility that 20 (A) is not a part of a hospital or a physician's general medical 21 practice; and 22 (B) operates primarily for the purpose of providing surgical 23 services to patients who do not require hospitalization; 24 (2) "assisted living home" 25 (A) means a residential facility that serves three or more adults 26 who are not related to the owner by blood or marriage, or that receives state or 27 federal payment for services regardless of the number of adults served; the 28 department shall consider a facility to be an assisted living home if the facility 29 (i) provides housing and food services to its residents; 30 (ii) offers to provide or obtain for its residents 31 assistance with activities of daily living; or
01 (iii) provides or offers any combination of these 02 services; 03 (B) does not include 04 (i) a correctional facility; 05 (ii) an emergency shelter; 06 (iii) a program licensed under AS 47.10.310 for 07 runaway minors; 08 (iv) a type of entity listed in AS 47.32.010(b)(5), (8), 09 (9), (10), (11), or (12); 10 (3) "child placement agency" means an agency that arranges for 11 placement of a child 12 (A) in a foster home, residential child care facility, or adoptive 13 home; or 14 (B) for guardianship purposes; 15 (4) "commissioner" means the commissioner of health and social 16 services; 17 (5) "department" means the Department of Health and Social Services; 18 (6) "entity" means an entity listed in AS 47.32.010(b); 19 (7) "foster home" means a place where the adult head of household 20 provides 24-hour care on a continuing basis to one or more children who are apart 21 from their parents; 22 (8) "free-standing birth center" means a facility that is not a part of a 23 hospital and that provides a birth service to maternal clients; 24 (9) "frontier extended stay clinic" means a rural health clinic that is 25 authorized to provide 24-hour care to one or more individuals; 26 (10) "home health agency" means a public agency or private 27 organization, or a subdivision of a public agency or private organization, that 28 primarily engages in providing skilled nursing services in combination with physical 29 therapy, occupational therapy, speech therapy, or services provided by a home health 30 aide to an individual in the individual's home, an assisted living home, or another 31 residential setting; in this paragraph,
01 (A) "public agency" means an agency operated by the state or a 02 local government; 03 (B) "subdivision" means a component of a multi-function 04 facility or home health agency, such as the home health care division of a 05 hospital or the division of a public agency, that independently meets the 06 requirements for licensure as a home health agency; 07 (11) "hospice" or "agency providing hospice services or operating 08 hospice programs" means a program that provides hospice services; 09 (12) "hospice services" means a range of interdisciplinary palliative 10 and supportive services 11 (A) provided in a home or at an inpatient facility to persons 12 who are terminally ill and to those persons' families in order to meet their 13 physical, psychological, social, emotional, and spiritual needs; and 14 (B) based on hospice philosophy; for purposes of this 15 subparagraph "hospice philosophy" means a philosophy that is life affirming, 16 recognizes dying as a normal process of living, focuses on maintaining the 17 quality of remaining life, neither hastens nor postpones death, strengthens the 18 client's role in making informed decisions about care, and stresses the delivery 19 of services in the least restrictive setting possible and with the least amount of 20 technology necessary by volunteers and professionals who are trained to help a 21 client with the physical, social, psychological, spiritual, and emotional issues 22 related to terminal illness so that the client can feel better prepared for the 23 death that is to come; 24 (13) "hospital" means a public or private institution or establishment 25 devoted primarily to providing diagnosis, treatment, or care over a continuous period 26 of 24 hours each day for two or more unrelated individuals suffering from illness, 27 physical or mental disease, injury or deformity, or any other condition for which 28 medical or surgical services would be appropriate; "hospital" does not include a 29 frontier extended stay clinic; 30 (14) "intermediate care facility for the mentally retarded" has the 31 meaning given in 42 C.F.R. 440.150;
01 (15) "licensed entity" means an entity that has a license issued under 02 this chapter; 03 (16) "maternity home" means a place of residence the primary function 04 of which is to give care, with or without compensation, to pregnant individuals, 05 regardless of age, or that provides care, as needed, to mothers and their newborn 06 infants; 07 (17) "nursing facility" means a facility that is primarily engaged in 08 providing skilled nursing care and related services for those who, because of their 09 mental or physical condition, require care and services above the level of room and 10 board; "nursing facility" does not include a facility that is primarily for the care and 11 treatment of mental diseases; 12 (18) "residential child care facility" means a place, staffed by 13 employees, where one or more children who are apart from their parents receive 24- 14 hour care on a continuing basis; 15 (19) "residential psychiatric treatment center" means a secure or semi- 16 secure facility, or an inpatient program in another facility, that provides, under the 17 direction of a physician, psychiatric diagnostic, evaluation, and treatment services on a 18 24-hour-a-day basis to children with severe emotional or behavioral disorders; 19 (20) "runaway shelter" means a facility housing a runaway child; 20 (21) "rural health clinic" 21 (A) means a facility or clinic that is authorized to provide 22 health care services and is located in a rural area; 23 (B) includes a frontier extended stay clinic; 24 (C) does not include a rehabilitation agency or a facility 25 primarily for the care and treatment of mental diseases. 26 * Sec. 35. AS 47.32.010, added by sec. 34 of this Act, is amended by adding a new 27 subsection to read: 28 (c) The provisions of AS 47.05.300 - 47.05.390, regarding criminal history, 29 criminal history checks, criminal history use standards, and a centralized registry, 30 apply to entities listed in (b) of this section, as provided in AS 47.05.300. 31 * Sec. 36. AS 47.33.010 is amended to read:
01 Sec. 47.33.010. Applicability. (a) Except as provided in (b) of this section, 02 this chapter applies to residential facilities operated in the state that serve three or 03 more adults who are not related to the owner of the facility by blood or marriage by 04 (1) providing housing and food service to its residents; and 05 (2) providing or obtaining, or offering to provide or obtain for its 06 residents 07 (A) assistance with the activities of daily living; 08 (B) personal assistance; or 09 (C) a combination of services under (A) and (B) of this 10 paragraph. 11 (b) Notwithstanding (a) of this section, this chapter does not apply to 12 (1) a correctional facility; 13 (2) a facility for treatment of alcoholism that is regulated under 14 AS 47.37; 15 (3) an emergency shelter; 16 (4) a medical facility, including a nursing home, licensed under 17 AS 47.32 [AS 18.20]; 18 (5) a program for runaway minors licensed under AS 47.10.310; or 19 (6) a maternity home licensed under AS 47.32 [AS 47.35]. 20 * Sec. 37. AS 47.33.070(a) is amended to read: 21 (a) An assisted living home shall maintain, for each resident of the home, a 22 file that includes 23 (1) the name and birth date, and, if provided by the resident, the social 24 security number of the resident; 25 (2) the name, address, and telephone number of the resident's closest 26 relative, service coordinator, if any, and representative, if any; 27 (3) a statement of what actions, if any, the resident's representative is 28 authorized to take on the resident's behalf; 29 (4) a copy of the resident's assisted living plan; 30 (5) a copy of the residential services contract between the home and 31 the resident;
01 (6) a notice, as required under AS 47.33.030, regarding the depository 02 in which the resident's advance payment money is being held; 03 (7) written acknowledgment by the resident or the resident's 04 representative that the resident has received a copy of and has read, or has been read 05 the 06 (A) resident's rights under AS 47.33.300; 07 (B) resident's right to pursue a grievance under AS 47.33.340; 08 (C) resident's right to protection from retaliation under 09 AS 47.33.350; 10 (D) provisions of AS 47.32.160 [AS 47.33.510], regarding 11 immunity; and 12 (E) home's house rules; 13 (8) an acknowledgment and agreement relating to home safekeeping 14 and management of the resident's money, as required by AS 47.33.040; 15 (9) a copy of the resident's living will, if any, or an advance health care 16 directive made under AS 13.52, if any; and 17 (10) a copy of a power of attorney or other written designation, 18 including an advance health care directive made under AS 13.52, of an agent, 19 representative, or surrogate by the resident. 20 * Sec. 38. AS 47.40.021 is amended to read: 21 Sec. 47.40.021. Licensing and supervision. Facilities providing services that 22 are purchased by the department under AS 47.40.011 - 47.40.091 [,] shall, if required 23 by the department, be licensed and supervised under AS 47.32 [AS 47.35]. 24 * Sec. 39. AS 47.40.110 is amended to read: 25 Sec. 47.40.110. Licensing and supervision. A person providing services 26 purchased by the Department of Health and Social Services under AS 47.40.100 - 27 47.40.120 shall, if required to be licensed under AS 47.32 [AS 47.35], be licensed and 28 supervised in the same manner as foster homes and maternity homes under AS 47.32 29 [AS 47.35]. 30 * Sec. 40. AS 47.55.010(d) is amended to read: 31 (d) The department may employ the necessary subordinate officers and
01 employees, and shall prescribe methods for operation of the homes, standards of care 02 and service to home residents, and rules governing personnel. The methods for 03 operation and standards of care and services to residents prescribed under this 04 subsection shall be the same as the methods for operation and standards of care 05 established by the department for an assisted living home licensed under AS 47.32 06 [AS 47.33]. 07 * Sec. 41. AS 47.62.090(2) is amended to read: 08 (2) "long term care facility" means an assisted living home, as defined 09 in AS 47.32.900, [THAT IS REQUIRED TO BE LICENSED UNDER AS 47.33] and 10 a nursing facility, [HOME] as defined in AS 47.32.900 [AS 08.70.180]; 11 * Sec. 42. AS 47.80.140 is repealed and reenacted to read: 12 Sec. 47.80.140. Licensing and certificates of need. (a) A person may not 13 establish or operate a residential facility until the facility has been licensed under 14 AS 47.32. 15 (b) A certificate of need is required as a prerequisite for the licensing of a 16 residential facility established after July 1, 1978, and not otherwise provided for in 17 AS 18.07.031 - 18.07.111. A certificate shall be issued and regulated in the same 18 manner as provided in AS 18.07.031 - 18.07.111 for certificates of need for health 19 care facilities. This subsection does not apply to an assisted living home licensed 20 under AS 47.32. 21 * Sec. 43. AS 14.43.148(h)(1)(B)(iii) is repealed. 22 * Sec. 44. AS 18.05.040(a)(10); AS 18.18.005, 18.18.010, 18.18.020, 18.18.030, 23 18.18.040, 18.18.100, 18.18.200, 18.18.300, 18.18.310, 18.18.320, 18.18.330, 18.18.340, 24 18.18.350, 18.18.390, 18.18.410, 18.18.420, 18.18.430, 18.18.440, 18.18.450, 18.18.460, 25 18.18.470, and 18.18.490 are repealed. 26 * Sec. 45. AS 18.20.010, 18.20.020, 18.20.030, 18.20.040, 18.20.050, 18.20.060, 27 18.20.070, 18.20.090, 18.20.110, 18.20.120, 18.20.130(2), 18.20.230, 18.20.240, 18.20.250, 28 18.20.260, and 18.20.302 are repealed. 29 * Sec. 46. AS 44.62.330(a)(15), 44.62.330(a)(17), and 44.62.330(a)(41) are repealed. 30 * Sec. 47. AS 44.64.030(a)(15), 44.64.030(a)(16), 44.64.030(a)(33), and 31 AS 44.64.030(a)(34) are repealed.
01 * Sec. 48. AS 47.33.100, 47.33.400, 47.33.410, 47.33.420, 47.33.430, 47.33.500, 02 47.33.510, 47.33.520, 47.33.530, 47.33.540, 47.33.550, 47.33.560, 47.33.570, 47.33.910, 03 47.33.920, 47.33.990(8), 47.33.990(11), and 47.33.990(14) are repealed. 04 * Sec. 49. AS 47.35.005, 47.35.010, 47.35.015, 47.35.017, 47.35.019, 47.35.021, 05 47.35.022, 47.35.023, 47.35.025, 47.35.027, 47.35.029, 47.35.033, 47.35.037, 47.35.039, 06 47.35.043, 47.35.045, 47.35.047, 47.35.048, 47.35.085, 47.35.105, 47.35.110, 47.35.120, 07 47.35.130, 47.35.132, 47.35.140, 47.35.800, 47.35.810, 47.35.820, and 47.35.900 are 08 repealed. 09 * Sec. 50. AS 47.37.270(2) and 47.37.270(3) are repealed. 10 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY REGARDING CERTAIN SECTIONS; DEPARTMENT ACTION. 13 (a) The changes made by secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act apply to 14 (1) applications or requests submitted within the 90 days before, or submitted 15 on or after, the effective dates of sec. 34 of this Act for initial licensure, certification, or other 16 approval of an entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act; and 17 (2) applications submitted within the 90 days before, or submitted on or after, 18 the effective date of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act for renewal of a 19 license issued before the effective date of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act 20 under a statute repealed or amended by this Act, and regarding a type of entity listed in 21 AS 47.32.010(b), enacted by sec. 34 of this Act. 22 (b) The Department of Health and Social Services may not make a final determination 23 regarding an application or request described in (a) of this section earlier than the effective 24 date of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act. 25 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 APPLICABILITY REGARDING SEC. 19 OF THIS ACT; DEPARTMENT 28 ACTION. (a) The changes made by sec. 19 of this Act apply to 29 (1) applications or requests submitted within the 30 days before, or submitted 30 on or after, the effective date of sec. 19 of this Act for initial licensure, certification, or other 31 approval or selection as any of the following:
01 (A) an entity or individual service provided that is subject to 02 AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act; 03 (B) an entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act, 04 that is not described in (A) of this paragraph; and 05 (2) applications or requests submitted within the 30 days before, or submitted 06 on or after, the effective date of sec. 19 of this Act, for renewal of a license, certification, or 07 other approval or selection for an entity or individual service provider that is subject to 08 AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act. 09 (b) The Department of Health and Social Services may not make a final determination 10 regarding an application or request described in (a) of this section earlier than the effective 11 date of sec. 19 of this Act. 12 (c) In this section, 13 (1) "entity" includes an entity subject to AS 47.05.300 - 47.05.390, enacted by 14 sec. 19 of this Act, and an entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act, that 15 is not subject to AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act; 16 (2) "individual service provider" has the meaning given in AS 47.05.390, 17 enacted by sec. 19 of this Act. 18 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: CURRENTLY LICENSED OR APPROVED FACILITIES. (a) 21 Notwithstanding AS 47.32.020, enacted by sec. 34 of this Act, a facility that is a type of entity 22 listed in AS 47.32.010(b), enacted by sec. 34 of this Act, and that on the effective date of secs. 23 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act is being operated under a valid license or under 24 an approval issued by the department under a statute repealed or amended by this Act, may 25 continue to be operated under that license or approval as provided in this section. 26 (b) References to AS 47.32 in the following sections are interpreted to include, until 27 June 30, 2006, the relevant former licensing provision repealed in this Act: 28 (1) AS 11.61.195(a), as amended by sec. 4 of this Act; 29 (2) AS 11.61.220(a), as amended by sec. 5 of this Act; 30 (3) AS 25.27.244(s)(2), as amended by sec. 14 of this Act; 31 (4) AS 47.05.010, as amended by sec. 17 of this Act;
01 (5) AS 47.05.055(a), as amended by sec. 18 of this Act; 02 (6) AS 47.10.141(b), as amended by sec. 20 of this Act; 03 (7) AS 47.10.392, as amended by sec. 21 of this Act; 04 (8) AS 47.10.399(2), as amended by sec. 22 of this Act; 05 (9) AS 47.10.990, as amended by secs. 23 and 24 of this Act; 06 (10) AS 47.24.013(a), as amended by sec. 26 of this Act; 07 (11) AS 47.24.017(d), as amended by sec. 27 of this Act; 08 (12) AS 47.25.071(b), as amended by sec. 28 of this Act; 09 (13) AS 47.25.095(2), as amended by sec. 29 of this Act; 10 (14) AS 47.25.095(4), as amended by sec. 30 of this Act; 11 (15) AS 47.25.195(f)(1), as amended by sec. 31 of this Act; 12 (16) AS 47.30.915(5), as amended by sec. 32 of this Act; 13 (17) AS 47.31.100(4), as amended by sec. 33 of this Act; 14 (18) AS 47.33.070(a), as amended by sec. 37 of this Act; and 15 (19) AS 47.55.010(d), as amended by sec. 40 of this Act. 16 (c) Until renewal or expiration of a current license under (d) or (e) of this section, the 17 requirements and standards, including department oversight, monitoring, and enforcement 18 actions, regarding operation of a facility that is authorized to continuing operating under this 19 section are those that were in effect in statute or regulation on the day before the effective date 20 of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act. 21 (d) Unless the terms of the facility's current license provide for an earlier expiration 22 date, and unless an enforcement action taken by the department as provided in (c) of this 23 section affects the validity of the current license, the expiration date of the current license of a 24 facility described in (a) of this section is June 30, 2006. 25 (e) Application for license renewal must be made under AS 47.32.060, enacted by 26 sec. 34 of this Act, by the date required by that statute, for a facility described in (a) of this 27 section for which renewal of licensure is desired before expiration of the facility's current 28 license. For purposes of renewal of a license under this subsection and AS 47.32.060, enacted 29 by sec. 34 of this Act, the current license for the facility is considered to be a biennial license 30 under AS 47.32. 31 (f) In this section,
01 (1) "current license" means a license or approval described in (a) of this 02 section; 03 (2) "department" means the Department of Health and Social Services. 04 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: CERTAIN APPLICATIONS PENDING FOR MORE THAN 90 07 DAYS. (a) An application for licensure or approval regarding a facility that is a type of 08 entity listed in AS 47.32.010(b), enacted by sec. 34 of this Act, that was submitted more than 09 90 days before the effective date of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act under 10 a statute repealed or amended by this Act and that is pending department action on the 11 effective date of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act shall continue to be 12 processed, and either granted or denied, by the department under the applicable statutes and 13 regulations that were in effect on the day before the effective date of secs. 1 - 18, 20 - 34, 36 - 14 41, and 43 - 50 of this Act. 15 (b) Until renewal or expiration of the license or approval under (c) or (d) of this 16 section, the requirements and standards, including department oversight, monitoring, and 17 enforcement actions, regarding operation of a facility licensed or approved as provided in (a) 18 of this section are those that were in effect in statute or regulation on the day before the 19 effective date of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this Act. 20 (c) Unless an enforcement action taken by the department as provided in (b) of this 21 section affects the validity of the license or approval, a license or approval issued by the 22 department on or after the effective date of secs. 1 - 18, 20 - 34, 36 - 41, and 43 - 50 of this 23 Act under the provisions of (a) of this section expires June 30, 2006. 24 (d) Application must be made under AS 47.32.060, enacted by sec. 34 of this Act, by 25 the date required by that statute, for a facility described in (a) of this section for which a 26 license or approval was issued under (a) of this section and for which renewal of a license is 27 desired, before expiration of the license or approval issued under (a) of this section. For 28 purposes of renewal of a license under this subsection and AS 47.32.060, enacted by sec. 34 29 of this Act, the license or approval issued under (a) of this section regarding the facility is 30 considered to be a biennial license under AS 47.32. 31 (e) In this section,
01 (1) "department" means the Department of Health and Social Services; 02 (2) "license" includes a renewed license. 03 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: PENDING APPLICATIONS AND OTHER REQUESTS 06 REGARDING SEC. 19 OF THIS ACT. (a) An application or other request for licensure, 07 certification, or other approval or selection as an entity or individual service provider that 08 would be subject to AS 47.05.300 - 47.05.390, enacted by sec. 19 of this Act, that was 09 submitted more than 30 days before the effective date of sec. 19 of this Act and is pending 10 department action on the effective date of sec. 19 of this Act shall continue to be processed, 11 and either granted or denied, by the department under the applicable statutes and regulations 12 that were in effect on the day before the effective date of sec. 19 of this Act. In this 13 subsection, 14 (1) "entity" means an entity that would be subject to AS 47.05.300 - 15 47.05.390, enacted by sec. 19 of this Act; 16 (2) "individual service provider" has the meaning given in AS 47.05.390, 17 enacted by sec. 19 of this Act. 18 (b) In this section, 19 (1) "department" means the Department of Health and Social Services; 20 (2) "license" includes a renewed license. 21 * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITION: REGULATIONS. (a) The Department of Health and Social Services 24 may proceed to adopt regulations necessary to implement secs. 1 - 18, 20 - 34, 36 - 41, and 43 25 - 50 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), 26 but not before the effective date of the statutory changes. 27 (b) The Department of Health and Social Services may proceed to adopt regulations 28 necessary to implement secs. 19 and 35 of this Act. The regulations take effect under 29 AS 44.62 (Administrative Procedure Act). 30 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 CERTIFICATION OF EFFECTIVE DATE OF REGULATIONS. The lieutenant 02 governor shall certify to the revisor of statues the effective date of the regulations adopted by 03 the Department of Health and Social Services under sec. 56 of this Act. 04 * Sec. 58. Sections 51, 54, and 56 of this Act take effect immediately under 05 AS 01.10.070(c). 06 * Sec. 59. Section 41 of this Act takes effect July 1, 2006. 07 * Sec. 60. Sections 19 and 35 of this Act take effect on the effective date of the regulations 08 adopted by the Department of Health and Social Services under sec. 56(b) of this Act, or 09 March 1, 2006, whichever is earlier, but in no event earlier than July 2, 2005. 10 * Sec. 61. Except as provided in secs. 58 - 60 of this Act, this Act takes effect July 2, 2005.