SB 89: "An Act relating to house rules for assisted living homes."

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

01 (1) live in a safe and sanitary environment; 02 (2) be treated with consideration and respect for personal dignity, 03 individuality, and the need for privacy, including privacy in 04 (A) a medical examination or health-related consultation; 05 (B) the resident's room or portion of a room; 06 (C) bathing and toileting, except for any assistance in those 07 activities that is specified in the resident's assisted living plan; and 08 (D) the maintenance of personal possessions and the right to 09 keep at least one cabinet or drawer locked; 10 (3) possess and use personal clothing and other personal property, 11 unless the home can demonstrate that the possession or use of certain personal 12 property would be unsafe or an infringement of the rights of other residents; 13 (4) engage in private communications, including 14 (A) receiving and sending unopened correspondence; 15 (B) having access to a telephone, or having a private telephone 16 at the resident's own expense; and 17 (C) visiting with persons of the resident's choice, subject to 18 visiting hours established by the home, and consistent with AS 47.33.060; 19 (5) close the door of the resident's room at any time, including during 20 visits in the room with guests or other residents; 21 (6) at the resident's own expense unless otherwise provided in the 22 residential services contract, participate in and benefit from community services and 23 activities to achieve the highest possible level of independence, autonomy, and 24 interaction with the community; 25 (7) manage the resident's own money; 26 (8) participate in the development of the resident's assisted living plan; 27 (9) share a room with a spouse if both are residents of the home; 28 (10) have a reasonable opportunity to exercise and to go outdoors at 29 regular and frequent intervals, when weather permits; 30 (11) exercise civil and religious liberties; 31 (12) have access to adequate and appropriate health care and health

01 care providers of the resident's own choosing, consistent with established and 02 recognized standards within the community; 03 (13) self-administer the resident's own medications, unless specifically 04 provided otherwise in the resident's assisted living plan; 05 (14) receive meals that are consistent with religious or health-related 06 restrictions; 07 (15) receive the prior notice of relocation of the home or the home's 08 intent to terminate the residential services contract of the resident required by 09 AS 47.33.080 and 47.33.360, respectively; 10 (16) present to the home grievances and recommendations for change 11 in the policies, procedures, or services of the home; 12 (17) at the resident's own expense unless otherwise provided in the 13 residential services contract, have access to and participate in advocacy or special 14 interest groups; 15 (18) at the resident's own expense unless otherwise provided in the 16 residential services contract, intervene or participate in, or refrain from participating 17 in, adjudicatory proceedings held under this chapter, unless provided otherwise by 18 other law; and 19 (19) reasonable access to home files relating to the resident, subject to 20 the constitutional right of privacy of other residents of the home. 21 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 REVISOR'S INSTRUCTION. If this Act and an executive order submitted by the 24 governor to the Thirty-Second Alaska State Legislature in the First Regular Session 25 reorganizing the Department of Health and Social Services both become law, the revisor of 26 statutes is requested to give effect to both the provisions of this Act and the executive order.