CSHB 60(HSS): "An Act relating to the licensing of runaway shelters; relating to advisors to the board of trustees of the Alaska Mental Health Trust Authority; relating to the sharing of confidential health information between the Department of Health and the Department of Family and Community Services; relating to the duties of the Department of Health and the Department of Family and Community Services; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 60(HSS) 01 "An Act relating to the licensing of runaway shelters; relating to advisors to the board 02 of trustees of the Alaska Mental Health Trust Authority; relating to the sharing of 03 confidential health information between the Department of Health and the Department 04 of Family and Community Services; relating to the duties of the Department of Health 05 and the Department of Family and Community Services; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 12.62.400(a) is amended to read: 09 (a) To obtain a national criminal history record check for determining a 10 person's qualifications for a license, permit, registration, employment, or position, a 11 person shall submit the person's fingerprints to the department with the fee established 12 by AS 12.62.160. The department may submit the fingerprints to the Federal Bureau 13 of Investigation to obtain a national criminal history record check of the person for the
01 purpose of evaluating a person's qualifications for 02 (1) a license or conditional contractor's permit to manufacture, sell, 03 offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage 04 under AS 04.11; 05 (2) licensure as a mortgage lender, a mortgage broker, or a mortgage 06 loan originator under AS 06.60; 07 (3) admission to the Alaska Bar Association under AS 08.08; 08 (4) licensure as a collection agency operator under AS 08.24; 09 (5) a certificate of fitness to handle explosives under AS 08.52; 10 (6) licensure as a massage therapist under AS 08.61; 11 (7) licensure to practice nursing or certification as a nurse aide under 12 AS 08.68; 13 (8) certification as a real estate appraiser under AS 08.87; 14 (9) a position involving supervisory or disciplinary power over a minor 15 or dependent adult for which criminal justice information may be released under 16 AS 12.62.160(b)(9); 17 (10) a teacher certificate under AS 14.20; 18 (11) a registration or license to operate a marijuana establishment 19 under AS 17.38; 20 (12) admittance to a police training program under AS 18.65.230 or for 21 certification as a police officer under AS 18.65.240 if that person's prospective 22 employer does not have access to a criminal justice information system; 23 (13) licensure as a security guard under AS 18.65.400 - 18.65.490; 24 (14) a concealed handgun permit under AS 18.65.700 - 18.65.790; 25 (15) licensure as an insurance producer, managing general agent, 26 reinsurance intermediary broker, reinsurance intermediary manager, surplus lines 27 broker, or independent adjuster under AS 21.27; 28 (16) serving and executing process issued by a court by a person 29 designated under AS 22.20.130; 30 (17) a school bus driver license under AS 28.15.046; 31 (18) licensure as an operator or an instructor for a commercial driver
01 training school under AS 28.17; 02 (19) registration as a broker-dealer, agent, investment adviser 03 representative, or investment adviser under AS 45.56.300 - 45.56.350; 04 (20) licensure, license renewal, certification, certification renewal, or 05 payment from the Department of Health of an individual and an entity subject to the 06 requirements for a criminal history check under AS 47.05.310, including 07 (A) a public home care provider described in AS 47.05.017; 08 (B) a provider of home and community-based waiver services 09 financed under AS 47.07.030(c); 10 (C) a case manager to coordinate community mental health 11 services under AS 47.30.530; 12 (D) an entity listed in AS 47.32.010(b) and (c), including an 13 owner, officer, director, member, partner, employee, volunteer, or contractor of 14 an entity; or 15 (E) an individual or entity not described in (A) - (D) of this 16 paragraph that is required by statute or regulation to be licensed or certified by 17 the Department of Health or that is eligible to receive payments, in whole or in 18 part, from the Department of Health to provide for the health, safety, and 19 welfare of persons who are served by the programs administered by the 20 Department of Health; 21 (21) employment as a village public safety officer under AS 18.65.672 22 or certification as a village public safety officer under AS 18.65.682; 23 (22) licensure, license renewal, certification, or certification renewal 24 by the Department of Family and Community Services of an individual or entity, or 25 payment from the Department of Family and Community Services to an individual or 26 entity, subject to the requirements for a criminal history check under AS 47.05.310 27 [FOR A FOSTER HOME, CHILD PLACEMENT AGENCY, AND RUNAWAY 28 SHELTER LISTED IN AS 47.32.010(c)], including an entity listed in 29 AS 47.32.010(c) and an owner, officer, director, member, partner, employee, 30 volunteer, or contractor of an entity. 31 * Sec. 2. AS 18.65.340(f)(1) is amended to read:
01 (1) "department" means a department of state government listed in 02 AS 44.17.005(2) - (16) [AS 44.17.005(2) - (15)]; 03 * Sec. 3. AS 44.25.260 is amended to read: 04 Sec. 44.25.260. Board advisors. The commissioners of health, family and 05 community services, natural resources, and revenue, or their respective designees, are 06 advisors to the board. 07 * Sec. 4. AS 47.05 is amended by adding a new section to article 1 to read: 08 Sec. 47.05.115. Access to identifiable health information. Notwithstanding a 09 contrary provision of law, the Department of Health and the Department of Family 10 and Community Services shall share identifiable health information, regardless of the 11 confidential nature of the information, between and within the departments as 12 necessary to enable administration or operation of the sending or receiving 13 department. Information shared in accordance with this section shall be acquired, 14 used, disclosed, and stored in a confidential manner that safeguards the security of the 15 information in a physically, administratively, and technologically secure environment. 16 In this section, "identifiable health information" has the meaning given in 17 AS 18.15.395. 18 * Sec. 5. AS 47.10.300 is amended to read: 19 Sec. 47.10.300. Powers and duties [OF THE DEPARTMENT]. The 20 Department of Health [DEPARTMENT] shall 21 (1) review, inspect, and approve or disapprove for licensing proposed 22 or established programs for runaway minors to ensure the health and safety of minors 23 in the program; 24 (2) [MAINTAIN A REGISTER OF LICENSED PROGRAMS FOR 25 RUNAWAY MINORS; 26 (3) AWARD NONPROFIT CORPORATIONS OR 27 MUNICIPALITIES GRANTS FOR THE ESTABLISHMENT OR OPERATION OF 28 LICENSED PROGRAMS FOR RUNAWAY MINORS; 29 (4)] adopt regulations for the administration of AS 47.10.300 - 30 47.10.390, including regulations providing for the coordination of services to be 31 provided by licensed programs for runaway minors and by the Department of Health
01 [DEPARTMENT]. 02 * Sec. 6. AS 47.10.300 is amended by adding a new subsection to read: 03 (b) The Department of Family and Community Services shall 04 (1) maintain a register of licensed programs for runaway minors; 05 (2) award nonprofit corporations or municipalities grants for the 06 establishment or operation of licensed programs for runaway minors. 07 * Sec. 7. AS 47.10.310(b) is amended to read: 08 (b) The Department of Health [DEPARTMENT] may license a program for 09 runaway minors under AS 47.10.300 - 47.10.390 only if the program 10 (1) is operated by a corporation or a municipality; and 11 (2) meets the requirements of (c) of this section. 12 * Sec. 8. AS 47.10.310(c) is amended to read: 13 (c) A program for runaway minors shall 14 (1) explain to a minor who seeks assistance from the program the legal 15 rights and responsibilities of runaway minors and the services and assistance provided 16 for runaway minors by the program and by the state or local municipality; 17 (2) upon admission of a minor to the program, attempt to determine 18 why the minor is a runaway and what services may be necessary or appropriate for 19 reuniting the minor with the minor's family; 20 (3) provide or help arrange for the provision of services necessary to 21 promote the health and welfare of a minor in the program and, if appropriate, members 22 of the minor's family; services may include, but are not limited to, the provision of 23 food, shelter, clothing, medical care, and individual, group, or family counseling; 24 (4) within one state working day after admission of a minor to the 25 program inform the Department of Family and Community Services 26 [DEPARTMENT] of a minor in the program 27 (A) who claims to be the victim of child abuse or neglect, as 28 defined in AS 47.17.290; 29 (B) whom an employee of the program has cause to believe has 30 been a victim of child abuse or neglect; or 31 (C) whom an employee of the program has reason to believe is
01 evading the supervision of the department, the person to whom the department 02 has entrusted supervision, or the minor's legal guardian; 03 (5) be operated with the goal of reuniting runaway minors with their 04 families, except in cases in which reunification is clearly contrary to the best interest 05 of the minor; and 06 (6) maintain adequate staffing and accommodations to ensure physical 07 security and to provide crisis services to minors residing in a facility operated by the 08 program; a program that, as determined by the Department of Health 09 [DEPARTMENT], regularly receives state money in an amount that exceeds one- 10 fourth of the program's costs shall maintain semi-secure portions of its facilities in a 11 proportion that meets regulations established by the Department of Health 12 [DEPARTMENT]; residents under 18 years of age shall be segregated from residents 13 who are 18 years of age or older. 14 * Sec. 9. AS 47.10.390(1) is amended to read: 15 (1) "licensed program for runaway minors" means a residential or 16 nonresidential program licensed by the Department of Health [DEPARTMENT] 17 under AS 47.10.310; 18 * Sec. 10. AS 47.10.396 is amended to read: 19 Sec. 47.10.396. Confidentiality of records. If the Department of Health or 20 the Department of Family and Community Services [DEPARTMENT] requires 21 record keeping by a shelter for runaways or by a corporation that is licensed to 22 designate shelters for runaways, records of the shelter and the corporation that identify 23 a runaway minor who has been sheltered in a shelter for runaways or has sought 24 assistance from a shelter for runaways are confidential and are not subject to 25 inspection or copying under AS 40.25.110 - 40.25.120 unless 26 (1) after being informed of the minor's right to privacy, the minor 27 consents in writing to the disclosure of the records; 28 (2) the records are relevant to an investigation or proceeding involving 29 child abuse or neglect or a child in need of aid petition; or 30 (3) disclosure of the records is necessary to protect the life or health of 31 the minor.
01 * Sec. 11. AS 47.10.398(a) is amended to read: 02 (a) A person in a shelter for runaways, or in a home for which an application 03 to be designated a shelter for runaways is being considered by a corporation licensed 04 for that purpose by the Department of Health [DEPARTMENT], that is operated in a 05 manner that is consistent with AS 47.10.392 - 47.10.399 and regulations adopted 06 under those sections is not criminally liable under AS 11.51.130(a)(4). 07 * Sec. 12. AS 47.10.398(b) is amended to read: 08 (b) Except as provided in (c) of this section, the provider of a shelter for 09 runaways, or of a home for which an application to be designated a shelter for 10 runaways is being considered by a corporation approved for that purpose by the 11 Department of Health [DEPARTMENT], that is operated in a manner that is 12 consistent with AS 47.10.392 - 47.10.399 and regulations adopted under those 13 sections and the members of the provider's household, other than a runaway minor, are 14 not liable for civil damages as a result of an act or omission 15 (1) in admitting or refusing to admit a runaway minor to the shelter or 16 home; or 17 (2) by a runaway minor who is sheltered in the shelter or home. 18 * Sec. 13. AS 47.10.399(2) is amended to read: 19 (2) "shelter for runaways" or "shelter for runaway minors" means a 20 private residence whose legal occupant agrees to shelter, with or without 21 compensation, a runaway minor accepted into the residence by the legal occupant and 22 that 23 (A) is not simultaneously licensed under AS 47.10.310 as a 24 program for runaway minors; 25 (B) has been designated a shelter for runaways by a corporation 26 licensed for that purpose under AS 47.32; and 27 (C) has a permit issued by the Department of Health 28 [DEPARTMENT] under AS 47.32. 29 * Sec. 14. AS 47.32.010(b) is amended to read: 30 (b) The following entities are subject to this chapter and regulations adopted 31 under this chapter by the Department of Health:
01 (1) ambulatory surgical centers; 02 (2) assisted living homes; 03 (3) child care facilities; 04 (4) freestanding birth centers; 05 (5) home health agencies; 06 (6) hospices, or agencies providing hospice services or operating 07 hospice programs; 08 (7) hospitals; 09 (8) intermediate care facilities for individuals with an intellectual 10 disability or related condition; 11 (9) maternity homes; 12 (10) nursing facilities; 13 (11) residential child care facilities; 14 (12) residential psychiatric treatment centers; 15 (13) rural health clinics; 16 (14) subacute mental health facilities; 17 (15) runaway shelters. 18 * Sec. 15. AS 47.32.032 is amended to read: 19 Sec. 47.32.032. Foster care license; variance. (a) The Department of Family 20 and Community Services [DEPARTMENT] shall streamline the application and 21 licensing paperwork necessary for a person to be approved as a foster parent or 22 relative placement to the extent consistent with federal law. 23 (b) The Department of Family and Community Services [DEPARTMENT] 24 shall approve a variance of the applicable building code requirements for licensure of 25 a foster care home to the extent permitted by federal law if an applicant does not meet 26 the requirements at the time of inspection and 27 (1) the home design and construction is consistent with homes located 28 in the community; and 29 (2) the home is otherwise a safe environment for a child. 30 (c) To the extent feasible, the Department of Family and Community 31 Services [DEPARTMENT] shall approve or deny a foster care home license,
01 including a request for a variance under this section, not more than 45 days after the 02 date the department receives the application for a foster care home license. If it is not 03 feasible to approve or deny a foster care home license not more than 45 days after 04 receiving the application, a supervisory-level employee may authorize a longer period 05 of time for the decision, but the period must be the shortest period feasible. 06 * Sec. 16. AS 47.32.060(e) is amended to read: 07 (e) The applicable department shall adopt regulations establishing the 08 grounds for nonrenewal of a license for each entity that department licenses under 09 AS 47.32.010 for purposes of AS 47.32.050 and this section. 10 * Sec. 17. AS 47.32.150(b) is amended to read: 11 (b) Upon receipt of a timely request for a hearing by an entity regarding an 12 enforcement action under AS 47.05.310, AS 47.32.070, or 47.32.140(d)(1), (2), (4), 13 (8), (10), (11), or (12) or (f), the applicable department shall conduct a hearing in front 14 of an officer appointed by that department's [THE] commissioner. A hearing under 15 this subsection may be conducted on the record, in an informal manner, and may not 16 be conducted under AS 44.62 or AS 44.64. The appointed hearing officer may be a 17 state employee. 18 * Sec. 18. AS 47.32.180(b) is amended to read: 19 (b) With the exception of information that identifies a complainant or a 20 recipient of services from an entity, a copy of a department's report of investigation or 21 inspection under AS 47.32.120, an entity's written response to the report, and 22 information regarding a department's imposition of an enforcement action under 23 AS 47.32.130 or 47.32.140 are public records under AS 40.25.100 - 40.25.295. The 24 Department of Health and the Department of Family and Community Services 25 [DEPARTMENTS] shall make this information available to the public for inspection 26 and copying within time frames specified in AS 40.25.100 - 40.25.295 or regulations 27 adopted under AS 40.25.100 - 40.25.295 after the 28 (1) entity receives its copy of the report of investigation under 29 AS 47.32.120, if the applicable department has determined that an enforcement action 30 under AS 47.32.130 or 47.32.140 will not be taken regarding the entity; 31 (2) applicable department's notice of enforcement action under
01 AS 47.32.130 or 47.32.140 becomes a final administrative order without a hearing 02 under AS 47.32.130(c) or 47.32.140(i); or 03 (3) issuance of a decision following a hearing under AS 47.32.150. 04 * Sec. 19. AS 47.32.900(2) is amended to read: 05 (2) "assisted living home" 06 (A) means a residential facility that serves three or more adults 07 who are not related to the owner by blood or marriage, or that receives state or 08 federal payment for services regardless of the number of adults served; the 09 Department of Health [DEPARTMENT] shall consider a facility to be an 10 assisted living home if the facility 11 (i) provides housing and food services to its residents; 12 (ii) offers to provide or obtain for its residents 13 assistance with activities of daily living; 14 (iii) offers personal assistance as defined in 15 AS 47.33.990; or 16 (iv) provides or offers any combination of these 17 services; 18 (B) does not include 19 (i) a correctional facility; 20 (ii) an emergency shelter; 21 (iii) a program licensed under AS 47.10.310 for 22 runaway minors; 23 (iv) a type of entity listed in AS 47.32.010(b)(6) - (10) 24 or (c)(2); 25 * Sec. 20. AS 47.32.900 is amended by adding a new paragraph to read: 26 (24) "applicable department" means the department with licensing 27 authority for an entity under AS 47.32.010. 28 * Sec. 21. AS 47.32.010(c)(3) is repealed. 29 * Sec. 22. This Act takes effect immediately under AS 01.10.070(c).