Alaska Stat. § 47.45.122 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.122
Eligibility for public assistance.
Status: in_force

(a) An individual whose public assistance is denied or reduced solely because of the receipt of a bonus under AS 47.45.010  47.45.160 by the individual or by a member of the individual's household is eligible for assistance under the general relief assistance program in AS 47.25.120  47.25.300. Notwithstanding the limit in AS 47.25.130 , the individual is entitled to receive the same amount as the individual would have received under other public assistance programs had the individual not received a longevity bonus.

(b) In this section other public assistance means (1) Supplemental Security Income under 42 U.S.C. 1381  1385;

(2) Medicaid under 42 U.S.C. 1396  1396p; and

(3) Adult Public Assistance under AS 47.25.430  47.25.615.
Alaska Stat. § 47.30.550 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.550
Cost sharing formulas; use of income.
Status: in_force

(a) In a district designated by the department as a poverty area, the department may fund not more than 90 percent of the eligible costs of the community mental health services to be furnished under an entity's approved plan.

(b) In a district that has not been designated by the department as a poverty area, the department may fund not more than 75 percent of the eligible costs of the community mental health services to be furnished under an entity's approved plan.

(c) Notwithstanding (a) and (b) of this section, if the department determines that sufficient funds from other sources are unavailable, then the department shall fund the percent of the eligible costs that is necessary in order to ensure that services for chronically mentally ill adults and severely mentally ill children, and other community mental health services to be furnished under an entity's approved plan are made available by the entity. Funding under this subsection is subject to the availability of legislative appropriations for the purpose.

(d) Income earned by an entity through a community mental health project funded under AS 47.30.520  47.30.620 shall be used to augment or enhance the entity's mental health services.

(e) In (a) and (b) of this section, poverty area means a census district in which at least 15 percent of the population, based upon the most recent census data, falls under 125 percent of the United States Department of Health and Human Services' Poverty Income Guidelines for Alaska, as reported in the Federal Register.
Alaska Stat. § 47.55.090 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.090
Enforcement against property outside state.
Status: in_force

If a beneficiary under this chapter dies leaving property outside the state, the attorney general on direction of the governor shall take the steps with respect to the property that will protect and secure the rights of the state as a creditor.
Alaska Stat. § 47.25.985 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.985
Violations; penalty.
Status: in_force

(a) A person is guilty of a misdemeanor if the person (1) knowingly acquires, possesses, uses, alters, or transfers food stamp allotments in violation of AS 47.25.975  47.25.980 or the regulations adopted under AS 47.25.980 ;

(2) presents food stamp allotments or causes them to be presented for payment or redemption knowing them to have been transferred, received, altered, or used in a manner violating AS 47.25.975  47.25.980 or the regulations adopted under AS 47.25.980 ;

(3) knowingly acquires, uses, alters, or transfers a wage subsidy authorized under AS 47.25.975 (b) in violation of AS 47.25.975  47.25.980, AS 47.27.025 (e), or the regulations adopted under AS 47.25.980 or AS 47.27.025 (e).

(b) Upon conviction a person shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
Alaska Stat. § 47.33.300 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.300
Residents' rights.
Status: in_force

(a) Subject to (c) of this section, a resident of an assisted living home has the right to (1) live in a safe and sanitary environment free from abuse and discrimination;

(2) be treated with consideration and respect for personal dignity, individuality, and the need for privacy, including privacy in (A) a medical examination or health-related consultation;

(B) the resident's room or portion of a room;

(C) bathing and toileting, except for any assistance in those activities that is specified in the resident's assisted living plan; and

(D) the maintenance of personal possessions and the right to keep at least one cabinet or drawer locked;

(3) possess and use personal clothing and other personal property, unless the home can demonstrate that the possession or use of certain personal property would be unsafe or an infringement of the rights of other residents;

(4) engage in private communications, including (A) receiving and sending unopened correspondence;

(B) having access to a telephone, or having a private telephone at the resident's own expense;

(C) visiting with persons of the resident's choice, subject to visiting hours established by the home and consistent with AS 47.33.060 ; and

(D) having access to the Internet provided by the home, subject to availability to the home in the community, and having a private device to access the Internet at the resident's own expense;

(5) close the door of the resident's room at any time, including during visits in the room with guests or other residents;

(6) at the resident's own expense unless otherwise provided in the residential services contract, participate in and benefit from community services and activities to achieve the highest possible level of independence, autonomy, and interaction with the community;

(7) manage the resident's own money;

(8) participate in the development of the resident's assisted living plan;

(9) share a room with a spouse if both are residents of the home;

(10) have a reasonable opportunity to exercise and to go outdoors at regular and frequent intervals, when weather permits;

(11) exercise civil and religious liberties;

(12) have access to adequate and appropriate health care and health care providers of the resident's own choosing, consistent with established and recognized standards within the community;

(13) self-administer the resident's own medications, unless specifically provided otherwise in the resident's assisted living plan;

(14) receive meals that are consistent with cultural preferences and religious or health-related restrictions;

(15) receive the prior notice of relocation of the home or the home's intent to terminate the residential services contract of the resident required by AS 47.33.080 and 47.33.360, respectively;

(16) present to the home grievances and recommendations for change in the policies, procedures, or services of the home without fear of reprisal or retaliation;

(17) at the resident's own expense unless otherwise provided in the residential services contract, have access to and participate in advocacy or special interest groups;

(18) at the resident's own expense unless otherwise provided in the residential services contract, intervene or participate in, or refrain from participating in, adjudicatory proceedings held under this chapter, unless provided otherwise by other law;

(19) reasonable access to home files relating to the resident, subject to the constitutional right of privacy of other residents of the home;

(20) receive information in a language the resident understands; and

(21) receive quality care; in this paragraph, quality care means care of a resident in accordance with the resident's assisted living plan, plan of care, personal preferences, and health care providers' recommendations.

(b) An assisted living home may not establish or apply a policy, procedure, or rule that is inconsistent with or contrary to a right provided by this section or by other law.

(c) The rights set out in (a)(3), (4), (7), (12), and (14) of this section do not create an obligation for an assisted living home to expend money for the specified rights unless otherwise provided in the residential services contract.
Alaska Stat. § 47.70.040 — AK Code / Title 47 / Chapter 47.70 / Section 47.70.040
Agreements.
Status: in_force

The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states under art. V(b) of the Interstate Compact on the Placement of Children.
Alaska Stat. § 47.37.120 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.120
Program development and implementation.
Status: in_force

(a) The department shall carry out the development and implementation of a comprehensive program dealing with the prevention and treatment of, and research on, problems of alcoholism and drug abuse as they affect the state.

(b) The comprehensive program carried out under this section must include a strategy for expanding substance abuse treatment services and reducing waiting lists for eligible participants in a substance abuse prevention or treatment program and must include one or more of the factors listed under AS 47.37.045 (f).
Alaska Stat. § 47.32.100 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.100
Cooperation with investigation.
Status: in_force

An entity shall cooperate with an investigation initiated by the department with licensing authority for that entity under AS 47.32.010 . An investigated entity shall (1) permit representatives of the investigating department to inspect the entity; review records, including files of individuals who received services from the entity; interview staff; and interview individuals receiving services from the entity; and

(2) upon request, provide the investigating department with information and documentation regarding compliance with applicable statutes and regulations.
Alaska Stat. § 47.37.125 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.125
Payment for services.
Status: in_force

Subject to appropriation by the legislature, money in the mental health trust settlement income account established in AS 37.14.036 may be used to support a service provided under the authority given in this chapter.
Alaska Stat. § 47.30.715 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.715
Procedure after order.
Status: in_force

(a) After the court grants an ex parte order authorizing hospitalization for evaluation, the department shall immediately transport a person who is detained at a medical or other facility, including a correctional facility, to a crisis residential center or evaluation facility for an evaluation.

(b) A person being detained while awaiting transportation to a crisis residential center or evaluation facility may request a court hearing to review the detention at any time. The hearing shall be held not later than 72 hours after the request is filed. When the court rules on a request for review of the detention pending transportation, the court shall consider the factors listed in (d) of this section.

(c) A person may not be detained for more than seven days while awaiting transportation to a crisis residential center or evaluation facility; however, the department or a facility detaining a person under AS 47.30.700  47.30.815 may file a request to extend the detention based on the person continuing to meet the standards for commitment under AS 47.30.700 and the need for a continued hold. The request must be supported by the verified or certified statement of a mental health professional and be served on the respondent, the respondent's attorney, and the division of the Department of Law that has responsibility for civil cases. When the court decides a request to extend the detention pending transportation, the court shall consider the factors identified in (d) of this section.

(d) When ruling on a request to review or extend detention, the court shall consider the totality of the circumstances, including (1) the length of time the person has been detained;

(2) the reason the person has not yet been transported;

(3) the person's current medical and psychiatric condition;

(4) whether the person is gravely disabled or is likely to cause serious harm to self or others; and

(5) whether the person is receiving treatment at the person's current placement.

(e) The court shall schedule a hearing to decide a request for review under (b) of this section or a request to extend detention under (c) of this section. The hearing shall be held not later than 72 hours after the request for review or the request to extend detention, as applicable. If a hearing is held after expiration of the seven-day detention period, the detention shall be extended until the hearing.

(f) Regardless of whether a request to extend the respondent's detention has been filed, if, at any time in the course of the detention, a mental health professional at the detaining facility determines that the person does not meet the standards for commitment under AS 47.30.700 , the respondent shall be released and the facility shall notify the petitioner, the respondent's attorney, the division of the Department of Law that has responsibility for civil cases, and the court.

(g) When an evaluation facility receives a proper order for evaluation, it shall accept the order and the respondent for an evaluation period not to exceed 72 hours. The evaluation facility shall promptly notify the court of the date and time of the respondent's arrival. The court shall set a date, time, and place for a 30-day commitment hearing, to be held if needed within 72 hours after the respondent's arrival, and the court shall notify the evaluation facility, the respondent, the respondent's guardian, if any, the respondent's attorney, the petitioner's attorney, if any, and the attorney general of the time and place of the hearing. Evaluation personnel, when used, shall similarly notify the court of the date and time when they first met with the respondent.
Alaska Stat. § 47.30.838 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.838
Psychotropic medication in crisis situations.
Status: in_force

(a) Except as provided in (c) and (d) of this section, an evaluation facility or designated treatment facility may administer psychotropic medication to a patient without the patient's informed consent, regardless of whether the patient is capable of giving informed consent, only if (1) there is a crisis situation, or an impending crisis situation, that requires immediate use of the medication to preserve the life of, or prevent significant physical harm to, the patient or another person, as determined by a physician, physician assistant, or advanced practice registered nurse; the behavior or condition of the patient giving rise to a crisis under this paragraph and the staff's response to the behavior or condition must be documented in the patient's medical record; the documentation must include an explanation of alternative responses to the crisis that were considered or attempted by the staff and why those responses were not sufficient; and

(2) the medication is ordered by a physician, physician assistant, or advanced practice registered nurse; the order (A) may be written or oral and may be received by telephone, facsimile machine, or in person;

(B) may include an initial dosage and may authorize additional, as needed, doses; if additional, as needed, doses are authorized, the order must specify the medication, the quantity of each authorized dose, the method of administering the medication, the maximum frequency of administration, the specific conditions under which the medication may be given, and the maximum amount of medication that may be administered to the patient in a 24-hour period;

(C) is valid for only 24 hours and may be renewed by a physician, physician assistant, or advanced practice registered nurse for a total of 72 hours, including the initial 24 hours, only after a personal assessment of the patient's status and a determination that there is still a crisis situation as described in (1) of this subsection; upon renewal of an order under this subparagraph, the facts supporting the renewal shall be written into the patient's medical record.

(b) When a patient is no longer in the crisis situation that led to the use of psychotropic medication without consent under (a) of this section, an appropriate health care professional shall discuss the crisis with the patient, including precursors to the crisis, in order to increase the patient's and the professional's understanding of the episode and to discuss prevention of future crises. The professional shall seek and consider the patient's recommendations for managing potential future crises.

(c) If crisis situations as described in (a)(1) of this section occur repeatedly, or if it appears that they may occur repeatedly, the evaluation facility, crisis stabilization center, crisis residential center, or designated treatment facility may administer psychotropic medication during not more than three crisis periods without the patient's informed consent only with court approval under AS 47.30.839 .

(d) An evaluation facility or designated treatment facility may administer psychotropic medication to a patient without the patient's informed consent if the patient is unable to give informed consent but has authorized the use of psychotropic medication in an advance health care directive properly executed under AS 13.52 or has authorized an agent or surrogate under AS 13.52 to consent to this form of treatment for the patient and the agent or surrogate does consent.

(e) Before determining whether a minor patient should be given psychotropic medication under this section, a mental health professional shall, to the extent time and the nature of the crisis permit, consult with a parent or guardian of the minor, evaluate the minor for drug withdrawal and medical psychosis caused by currently prescribed drugs or self-medication, and review all available information regarding the minor's family history, diet, medications, and other possibly relevant factors.
Alaska Stat. § 47.07.055 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.055
Recovery of medical assistance from estates.
Status: in_force

(a) The estate of an individual who received medical assistance payments is subject to a claim for recovery of the medical assistance after the individual's death that, except as provided in (b) of this section, may be secured by a lien filed against the individual's real property during the individual's lifetime if the (1) individual was an inpatient in a nursing facility, intermediate care facility for persons with intellectual and developmental disabilities, or other medical institution;

(2) department required the individual, as a condition of receiving medical assistance under this chapter, to spend for medical expenses all but a minimal amount of that individual's income; and

(3) department determined during the individual's lifetime, after notice and opportunity for hearing, that the individual could not reasonably be expected to be discharged from the institution and to return home.

(b) A lien may not be filed under (a) of this section against an individual's home if the home is lawfully occupied by the individual's (1) spouse;

(2) child under age 21;

(3) blind or disabled child as described in AS 47.25.615 (3) or (5) or 42 U.S.C. 1382(c); or

(4) sibling, if the sibling has an equity interest in the home and was residing in the home for at least one year before the date of the individual's admission to the institution.

(c) The state may not recover the costs of medical assistance under a lien on a home under (a) of this section until after the death of the individual's surviving spouse, if any, and only at a time when neither of the following is lawfully residing in the home: (1) a sibling of the individual who was residing in the individual's home for a period of at least one year immediately preceding the date of the individual's institutionalization and who has continuously resided in the home since the institutionalization began; or

(2) a son or daughter of the individual who (A) resided in the home for at least two years immediately preceding the date of the individual's institutionalization;

(B) has continuously resided in the home since the institutionalization began; and

(C) establishes to the department's satisfaction that the son or daughter provided care to the individual that allowed the individual to reside in the home rather than in an institution.

(d) A lien and claim authorized under (a) of this section are extinguished if, during the individual's lifetime, the individual is discharged from the institution and returns home. However, a new lien and claim are authorized for subsequent expenses if the circumstances described in (a) of this section occur after the individual returns home.

(e) In addition to recovery of medical assistance upon sale of property subject to a lien authorized under (a)  (d) of this section, after an individual's death, the individual's estate is subject to a claim for reimbursement for medical assistance payments made on behalf of the individual under this chapter for the following services to the extent that those services were provided when the individual was 55 years of age or older: (1) services received while an inpatient in a nursing facility, intermediate care facility for persons with intellectual and developmental disabilities, or other medical institutions; and

(2) home and community-based services provided through a waiver received from the federal government that allows home and community-based services to be covered under this chapter for persons who are eligible for coverage under this chapter while in an institution but who are able to avoid institutionalization because of the provision of home and community-based services.

(f) Other than a recovery upon sale of a home, a claim under this section may be made only after the death of the individual's surviving spouse, if any, and only at a time when the individual has no surviving child under age 21 and no surviving child who is blind or totally and permanently disabled.

(g) For purposes of AS 13.16.470 , the claims authorized under this section are debts with preference under the laws of the state.

(h) In addition to the claims allowed under the other provisions of this section, the state may file a claim under AS 06.65.320 against the amount in an individual's program account after the individual dies. Notwithstanding the other provisions of this section, the claim is subject to the requirements of 26 U.S.C. 529A(f) (Internal Revenue Code). In this subsection, program account has the meaning given in AS 06.65.390 .
Alaska Stat. § 47.10.081 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.081
Predisposition hearing reports.
Status: reserved

(a) [Repealed, § 55 ch 59 SLA 1996.] (b) Before the disposition hearing of a child in need of aid, the department shall submit a predisposition report to aid the court in its selection of a disposition. This report must include, but is not limited to, the following: (1) a statement of changes in the child's or parent's behavior, which will aid the court in determining that supervision of the family or placement is no longer necessary;

(2) if removal from the home is recommended, a description of the reasons the child cannot be protected or rehabilitated adequately in the home, including a description of any previous efforts to work with the parents and the child in the home and the parents' attitude toward placement of the child;

(3) a description of the potential harm to the child that may result from removal from the home and any efforts that can be made to minimize such harm; and

(4) any further information that the court may request.

(c) The court shall inform the child, the child's parents and the attorneys representing the parties and the guardian ad litem that the predisposition report will be available to them not less than 10 days before the disposition hearing.

(d) For purposes of this section, parents means the natural or adoptive parents, and any legal guardian, relative, or other adult person with whom the child has resided and who has acted as a parent in providing for the child for a continuous period of time before this action.
Alaska Stat. § 47.33.020 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.020
Health-related services allowed in assisted living homes.
Status: in_force

(a) This chapter does not prohibit the resident of an assisted living home from self-administering the resident's own medications, unless the resident's assisted living plan specifically provides otherwise.

(b) An assisted living home may provide, obtain, or offer to provide or obtain the health-related services described in (c)  (i) of this section. A service under (c)  (i) of this section may only be provided or obtained in addition to, and as a supplemental service to, the long-term provision by the home to the resident of assistance with the activities of daily living or personal assistance.

(c) If self-administration of medications is included in a resident's assisted living plan, the assisted living home may supervise the resident's self-administration of medications, notwithstanding a limitation imposed by AS 08 or by a regulation adopted under AS 08 . The supervision may be performed by any home staff person and may include (1) reminding a resident to take medication;

(2) opening a medication container or prepackaged medication for a resident;

(3) reading a medication label to a resident;

(4) observing a resident while the resident takes medication;

(5) checking a resident's self-administered dosage against the label of the medication container;

(6) reassuring a resident that the resident is taking the dosage as prescribed; and

(7) directing or guiding, at the request of the resident, the hand of a resident who is administering the resident's own medications.

(d) An assisted living home may provide intermittent nursing services to a resident who does not require 24-hour nursing services and supervision. Intermittent nursing services may be provided only by a nurse licensed under AS 08.68 or by a person to whom a nursing task has been delegated under (e) of this section.

(e) A person who is on the staff of an assisted living home and who is not a nurse licensed under AS 08.68 may perform a nursing task in that home if (1) the authority to perform that nursing task is delegated to that person by a nurse licensed under AS 08.68 ; and

(2) that nursing task is specified in regulations adopted by the Board of Nursing as a task that may be delegated.

(f) A resident who needs skilled nursing care may, with the consent of the assisted living home, arrange for that care to be provided in the home by a nurse licensed under AS 08.68 if that arrangement does not interfere with the services provided to other residents.

(g) As part of a plan to avoid transfer of a resident from the home for medical reasons, the home may provide, through the services of a nurse who is licensed under AS 08.68 , 24-hour skilled nursing care to the resident for not more than 45 consecutive days.

(h) If a resident has received 24-hour skilled nursing care for the 45-day limit set by (g) of this section, the resident or the resident's representative may elect to have the resident remain in the home without continuation of 24-hour skilled nursing care if the home agrees to retain the resident after (1) the home and either the resident or the resident's representative have consulted with the resident's physician;

(2) the home and either the resident or the resident's representative have discussed the consequences and risks involved in the election to remain in the home; and

(3) the portion of the resident's assisted living plan that relates to health-related services has been revised to provide for the resident's health-related needs without the use of 24-hour skilled nursing care, and the revised plan has been reviewed by a registered or advanced practice registered nurse licensed under AS 08.68 or by the resident's attending physician.

(i) A terminally ill resident may remain in the home if (1) the home and either the resident or the resident's representative agree that the resident may remain in the home; and (2) the resident is under the care of a physician who certifies that the needs of the resident are being met in the home. The time limitation of (g) of this section does not apply in the case of a terminally ill resident.
Alaska Stat. § 47.38.020 — AK Code / Title 47 / Chapter 47.38 / Section 47.38.020
Alcohol and substance abuse monitoring program.
Status: in_force

(a) The commissioner, in cooperation with the commissioner of corrections, shall establish a program using a competitive procurement process for certain persons with release conditions ordered as provided under AS 12.30 , or offenders with conditions of probation, that include not consuming controlled substances or alcoholic beverages.

(b) The commissioner shall adopt regulations to implement the program. The regulations must include regulations regarding products and services that provide alcohol and substance abuse monitoring.

(c) The commissioner shall include in the program (1) a requirement for twice-a-day testing, either remotely or in person, for alcoholic beverage use and random testing for controlled substances;

(2) a means to provide the probation officer, prosecutor's office, or local law enforcement agency with notice within 24 hours, so that a complaint may be filed alleging a violation of AS 11.56.757 , a petition may be filed with the court seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, or an arrest warrant may be issued for the person on release or offender with conditions of probation provided in this subsection, if the person or offender (A) fails to appear for an appointment or fails to complete a test through the use of remote alcohol or substance abuse monitoring technology as required by the program requirements; or

(B) tests positive for the use of controlled substances or alcoholic beverages; and

(3) a requirement that the person or offender pay, based on the person's or offender's ability under financial guidelines established by the commissioner, for the cost of participating in the program.

(d) The department shall contract with one or more vendors using a competitive procurement process in accordance with AS 36.30 (State Procurement Code) to provide or conduct the testing required under (c) of this section.

Article 2. Recidivism Reduction Program.
Alaska Stat. § 47.17.022 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.022
Training.
Status: in_force

(a) A person employed by the state or by a school district who is required under this chapter to report abuse or neglect of children shall receive training on the recognition and reporting of child abuse and neglect.

(b) Each department of the state and school district that employs persons required to report abuse or neglect of children shall provide (1) initial training required by this section to each new employee within 45 days after the first day of employment, and to any existing employee who has not received equivalent training; and

(2) appropriate in-service training required by this section as determined by the department or school district.

(c) Each department and school district that must comply with (b) of this section shall develop a training curriculum that acquaints its employees with (1) laws relating to child abuse and neglect;

(2) techniques for recognition and detection of child abuse and neglect;

(3) agencies and organizations within the state that offer aid or shelter to victims and the families of victims of child abuse or neglect;

(4) procedures for required notification of suspected abuse or neglect;

(5) the role of a person required to report child abuse or neglect and the employing agency after the report has been made; and

(6) a brief description of the manner in which cases of child abuse or neglect are investigated by the department and law enforcement agencies after a report of suspected abuse or neglect.

(d) Each department and school district that must comply with (b) of this section shall file a current copy of its training curriculum and materials with the Council on Domestic Violence and Sexual Assault. A department or school district may seek the technical assistance of the council or the Department of Family and Community Services in the development of its training program.

(e) Each school district that provides training under this section shall provide notice to public and private schools located in the school district of the availability of the training and invite volunteers who are required to report abuse or neglect of children under AS 47.17.020 to participate in the training at no cost to the volunteer.
Alaska Stat. § 47.10.141 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.141
Runaway and missing minors.
Status: in_force

(a) Upon receiving a written, telephonic, or other request to locate a minor evading the minor's legal custodian or to locate a minor otherwise missing, a law enforcement agency shall make reasonable efforts to locate the minor and shall immediately complete a missing person's report containing information necessary for the identification of the minor. The report must be submitted to the Alaska Public Safety Information Network, the National Crime Information Center, and the missing persons information clearinghouse in accordance with AS 18.65 .

(b) A peace officer shall take into protective custody a minor described in (a) of this section if the minor is not otherwise subject to arrest or detention. Unless (c) of this section applies, when a peace officer takes a minor into protective custody under this subsection, (1) the peace officer shall (A) return the minor to the minor's parent or guardian at the parent's or guardian's residence if the residence is in the same community where the minor was found and if the minor's parent or guardian consents to the return, except that the officer may not use this option if the officer has reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent's or guardian's household;

(B) take the minor to a nearby location agreed to by the minor's parent or guardian if the parent or guardian does not consent to return of the minor under (A) of this paragraph and the officer does not have reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent's or guardian's household; or

(C) if disposition of the minor is not made under (A) or (B) of this paragraph, take the minor to (i) an office specified by the Department of Family and Community Services;

(ii) a program for runaway minors licensed by the department under AS 47.10.310 ;

(iii) a shelter for runaways that has a permit from the department under AS 47.32 that agrees to shelter the minor;

(iv) a facility or contract agency of the department; or

(v) another suitable location and promptly notify the department if an office specified by the department, a licensed program for runaway minors, a shelter for runaways that will accept the minor, or a facility or contract agency of the department does not exist in the community;

(2) if the peace officer plans to take the minor to an office, program, shelter, or facility under (1)(C) of this subsection, the peace officer shall give the highest priority to taking the minor to an office, program, shelter, or facility that is semi-secure;

(3) a minor under protective custody may not be housed in a jail or other detention facility but may be housed in a semi-secure portion of an office, program, shelter, or other facility under (1)(C) of this subsection;

(4) the peace officer, immediately upon taking a minor into protective custody, shall (A) advise the minor of available mediation services and of the right to social services under AS 47.10.142 (b); and

(B) if the identity of the minor's parent or guardian is known, advise the minor's parent or guardian that the minor has been taken into protective custody and that counseling services for the minor's parent or guardian and the minor's household may be available under AS 47.10.142 (b).

(c) A minor may be taken into emergency protective custody by a peace officer and placed into temporary detention in a juvenile detention facility in the local community if there has been an order issued by a court under (j) of this section. A minor detained under this subsection shall be brought before a court on the day the minor is detained, or if that is not possible, within 24 hours after the detention for a hearing to determine the most appropriate placement in the best interests of the minor. A minor taken into emergency protective custody under this subsection may not be detained for more than 24 hours, except as provided under (j) of this section. Emergency protective custody may not include placement of a minor in an adult correctional facility, an adult jail, or a temporary secure juvenile holding area, nor may an order for protective custody be enforced against a minor who is residing in a licensed program for runaway minors, as defined in AS 47.10.390 .

(d) If, after investigation of a report of a missing minor, a law enforcement agency has reason to believe that the minor is involuntarily absent from the custody of a custodial parent or guardian, the department shall notify the Bureau of Vital Statistics of the disappearance and shall provide the bureau with a description of the minor. The description of the minor must include, if known, the minor's full name, date and place of birth, parent's names, and mother's maiden name. If the Department of Public Safety has reason to believe that the minor, whether born in this state or not, has been enrolled in a specific school or school district in the state, the department shall also notify the last known school or school district attended in the state by the missing minor of the disappearance. When a person who was listed as a missing minor is found, the Department of Public Safety shall notify the Bureau of Vital Statistics and any school or school district previously informed of the person's disappearance.

(e) In the absence of gross negligence or intentional misconduct, an office, program, shelter, or facility, or an employee of an office, program, shelter, or facility, to which a minor is taken by a peace officer for semi-secure custody is not subject to civil or criminal liability based on the minor's leaving the office, program, shelter, or facility without permission unless the office, program, shelter, or facility is not in compliance with the department's regulations that set standards for semi-security and the lack of compliance was a material factor in the minor's being able to leave without permission.

(f) If a child, without permission, leaves the semi-secure portion of an office, program, shelter, or facility to which the child was taken by a peace officer under (b)(1)(C) of this section, the office, program, shelter, or facility shall immediately notify the department and the nearest law enforcement agency of the identity of the child and the child's absence. If the same child is again taken into protective custody under (b) of this section and the peace officer knows that the child has previously been reported under this subsection as missing from a semi-secure placement, the peace officer, in addition to taking the appropriate action under (b) of this section, shall report the circumstances and the identity of the child to the department. Within 48 hours after receiving this report, the department shall determine whether to file a petition alleging that the child is a child in need of aid under AS 47.10.011 . If the department decides not to file a petition alleging that the child is a child in need of aid, the department shall, within seven state working days after receiving the report from the peace officer under this subsection, send to the child's parents or guardian, as applicable, written notice of its determination not to proceed with the petition, including the reasons on which the determination was based. If the department is unable to obtain a reasonably reliable address for a parent or guardian, the department shall keep a copy of the notice on file and, notwithstanding AS 47.10.093 , release the notice to the child's parent or guardian on request of the parent or guardian. If the department files a petition alleging that the child is a child in need of aid, the court shall proceed under AS 47.10.142 (d).

(g) If the department files a petition alleging the child is a child in need of aid under AS 47.10.011 (5) because the child is habitually absent from home or refuses available care, the child's parent or guardian shall attend each hearing held during the child-in-need-of-aid proceedings unless the court excuses the parent or guardian from attendance for good cause. If the child is found to be a child in need of aid, the court may order that the (1) child participate in treatment;

(2) parent or guardian personally participate in treatment reasonably available in the parent or guardian's community as specified in a plan set out in the court order; and

(3) child and the parent or guardian comply with other conditions set out in the court order.

(h) If the court orders a minor's parent or guardian to participate in the treatment under (g) of this section, the court may also order the parent or guardian to use available insurance or another resource to cover the treatment, or to pay for the treatment if other coverage is unavailable.

(i) If the parent or guardian fails to attend a hearing as required by the court under (g) of this section, the hearing shall proceed without the presence of the parent.

(j) The court shall issue a written order if the court determines that a minor shall be placed in a juvenile detention facility as a result of violating a court order issued under AS 47.10.080 (c)(1) or 47.10.142(f). An order issued under this subsection (1) must include a finding of probable cause that the minor is a runaway in wilful violation of a court order and identify the court order the minor has violated;

(2) must specify the factual basis for determining that there is reasonable cause to believe that the minor has violated a court order;

(3) must describe how the minor's current situation poses a severe and imminent risk to the minor's life or safety;

(4) must include findings of fact to support a determination that there is not an appropriate, less restrictive alternative to placing the minor in a juvenile detention facility available, with due consideration to the best interests of the minor;

(5) must include a plan for the minor's release from the juvenile detention facility in the least amount of time necessary, not to exceed seven days unless otherwise specified by the court; and

(6) may not be renewed or extended.

(k) In this section, (1) law enforcement agency has the meaning given in AS 12.36.090 ;

(2) semi-secure means operated according to standards that may be established by the department in regulations that are designed to require a level of security that will reasonably ensure that, if a minor leaves without permission, the minor's act of leaving will be immediately noticed;

(3) temporary secure juvenile holding area has the meaning given in AS 47.12.990 .
Alaska Stat. § 47.05.030 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.030
Misuse of public assistance lists and records.
Status: in_force

(a) Except as provided in (b) and (c) of this section and for purposes directly connected with the administration of general assistance, adult public assistance, the child care assistance program authorized under AS 47.25.001  47.25.095, or the Alaska temporary assistance program, and in accordance with the regulations of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or information concerning, persons applying for or receiving the assistance directly or indirectly derived from the records, papers, files, or communications of the department or subdivisions or agencies of the department, or acquired in the course of the performance of official duties.

(b) It is not a violation of (a) of this section for the department or an employee of the department to disclose to a legislator, or for a legislator to solicit, receive, or make use of, financial information concerning an eligibility determination of a person applying for or receiving cash assistance, a diversion payment, or self-sufficiency services under the Alaska temporary assistance program if the disclosure, solicitation, receipt, and use are for official purposes in connection with the legislator's official functions and related to the administration of the program consistent with federal law. Information provided to a legislator under this subsection shall remain confidential and may not be further disclosed except as provided in AS 47.05.020 .

(c) It is not a violation of (a) of this section for the department or an employee of the department to disclose information to the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, if the receiving agency requests the information only for purposes authorized under AS 47.05.020 .
Alaska Stat. § 47.37.030 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.030
Powers of department.
Status: in_force

The department may (1) plan, establish, and maintain programs for the prevention and treatment of alcoholism, drug abuse, and misuse of hazardous volatile materials and substances by inhalant abusers;

(2) make contracts and award grants necessary or incidental to the performance of its duties and the execution of its powers, including contracts with the grants to public and private agencies, organizations, and individuals, to pay them for services rendered or furnished to alcoholics, intoxicated persons, drug abusers, or inhalant abusers; to the maximum extent possible, contracts and grants must be for a period of two years; contracts under this paragraph are governed by AS 36.30 (State Procurement Code);

(3) solicit and accept for use a gift of money or property or a grant of money, services, or property from the federal government, the state or a political subdivision of it, or a private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for a grant;

(4) administer or supervise the administration of the provisions relating to alcoholics, intoxicated persons, drug abusers, and inhalant abusers of state plans submitted for federal funding under federal health, welfare, or treatment legislation;

(5) coordinate its activities and cooperate with alcoholism, drug abuse, and inhalant abuse programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local, or private agencies for the treatment of alcoholics, intoxicated persons, drugs abusers, and inhalant abusers, and for the common advancement of alcoholism, drug abuse, and inhalant abuse programs in this and other states;

(6) keep records and engage in research and the gathering of relevant statistics;

(7) do other acts necessary to implement the authority expressly granted to it;

(8) acquire, hold, or dispose of real property or any interest in it, and construct, lease, or otherwise provide treatment facilities for alcoholics, intoxicated persons, drug abusers, and inhalant abusers; however, the department shall encourage local initiative, involvement, and financial participation under grants-in-aid whenever possible in preference to the construction or operation of facilities directly by the department; contracting and construction under this paragraph are governed by AS 36.30 (State Procurement Code);

(9) strengthen and enhance the process for identifying people who have co-occurring substance abuse and mental health disorders;

(10) establish a secure enhanced detoxification and treatment center for persons involuntarily detained because they are likely to inflict physical harm to self or others; in this paragraph, enhanced means the ability to treat co-occurring substance abuse and mental health disorders;

(11) develop and implement a substance abuse treatment system using evidence-based best practices or, if evidence-based best practices do not exist, research-based practices, that includes a procedure for adapting the practices to new situations and for collaboration with consumer-based programs; if research-based practices are not known or available, the department may include consensus-based or, if funds are available, promising practices; a practice must promote independence, recovery, employment, education, ongoing community-based treatment, housing, and other aspects of harm reduction.
Alaska Stat. § 47.25.626 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.626
Regional heating assistance program.
Status: in_force

(a) The Department of Health may develop a regional Alaska heating program for the administration of AS 47.25.621  47.25.626 to provide home heating assistance in a uniform and cost-effective manner in a region of this state if an Alaska Native organization is authorized to implement a federally approved tribal family assistance plan that includes that region and has been awarded a tribal energy assistance grant for a program that includes that region under 42 U.S.C. 8623(d).

(b) The department may award contracts to implement a program developed under (a) of this section. A contract authorized for delivery of home heating assistance under a regional Alaska heating program under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). Subject to appropriation, a contract under this section must be in an amount that represents a fair and equitable share of the money appropriated for the Alaska affordable heating program under AS 47.25.621  47.25.626 to serve the state residents specified in (a) of this section. The authority provided under this section to contract is in addition to the authority to contract in AS 47.05.015 or other law.

(c) The department may award a contract under this section only to an organization that (1) has been awarded a tribal energy assistance grant under 42 U.S.C. 8623(d) for a program that includes that region;

(2) agrees to administer home heating assistance under AS 47.25.621  47.25.626 to state residents in the region; and

(3) agrees to implement an appeals process as described in (e) of this section.

(d) Records pertaining to recipients of home heating assistance under a contract awarded under this section are confidential and not subject to disclosure under AS 40.25.100  40.25.220.

(e) An organization that receives a contract under this section shall provide an appeals process to applicants for or recipients of home heating assistance covered by the contract awarded under this section. The appeals process must be the same as the method available under AS 47.25.624 , except that the decision reached shall be considered a recommended decision to the department. Within 30 days after receiving a recommended decision, the department shall review the recommended decision and issue a decision accepting or rejecting the recommended decision. If the department rejects the recommended decision, the department shall independently review the record and issue its final decision. The final decision of the department on the matter is appealable to the courts of this state.

(f) If the department establishes a regional Alaska heating program and awards a contract to provide home heating assistance under this section, (1) a person applying for home heating assistance under AS 47.25.621  47.25.626 in the region of the state covered by the regional Alaska heating program may obtain home heating assistance from the department only through the organization designated by the department to serve the region;

(2) the department may require the contractor (A) to operate and administer the contract in a manner consistent with the organization's federally approved energy assistance grant and plan; or

(B) to apply the provisions of AS 47.25.623 to determine eligibility for home heating assistance to a person for whom assistance may be paid under the contract or may allow the contractor to use other criteria to determine that eligibility.

Article 5. Food Stamp Program.
Alaska Stat. § 47.05.055 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.055
Certified nurse aides.
Status: in_force

(a) If the department has reason to believe that a certified nurse aide employed in a facility licensed by the department under AS 47.32 as a hospital or nursing home has committed abuse, neglect, or misappropriation of property in connection with the person's duties as a certified nurse aide at the facility, the department shall investigate the matter. The department shall conduct proceedings to determine whether a finding of abuse, neglect, or misappropriation of property should be made. These proceedings shall be conducted under AS 44.62.330  44.62.630. A finding under this subsection that a certified nurse aide has committed abuse, neglect, or misappropriation of property shall be reported by the department to the Board of Nursing.

(b) If the certified nurse aide is employed in a skilled nursing facility or nursing facility, other than an intermediate care facility for persons with intellectual and developmental disabilities, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the Board of Nursing, a finding that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide's employment at the facility.
Alaska Stat. § 47.12.040 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.040
Investigation and petition.
Status: in_force

(a) Whenever circumstances subject a minor to the jurisdiction of this chapter, the court shall (1) require in conformance with this section, that, for a minor who is alleged to be a delinquent minor under AS 47.12.020 , the department or an entity selected by it shall make a preliminary inquiry to determine if any action is appropriate and may take appropriate action to adjust the matter without a court hearing; the department or an entity selected by it may arrange to interview the minor, the minor's parents or guardian, and any other person having relevant information; at or before the interview, the minor and the minor's parents or guardian, if present, must be advised that any statement may be used against the minor and of the following rights of the minor: to have a parent or guardian present at the interview; to remain silent; to have retained or appointed counsel at all stages of the proceedings, including the initial interview; if a petition is filed, to have an adjudication hearing before a judge or jury with compulsory process to compel the attendance of witnesses; and the opportunity to confront and cross-examine witnesses; if, under this paragraph, (A) the department or an entity selected by it makes a preliminary inquiry and takes appropriate action to adjust the matter without a court hearing, the minor may not be detained or taken into custody as a condition of the adjustment and, subject to AS 47.12.060 , the matter shall be closed by the department or an entity selected by it if the minor successfully completes all that is required of the minor by the department or an entity selected by it in the adjustment; in a municipality or municipalities in which a youth court has been established under AS 47.12.400 , adjustment of the matter under this paragraph may include referral to the youth court; if a community dispute resolution center has been established under AS 47.12.450 (a) and has obtained recognition under AS 47.12.450 (b), adjustment of the matter under this paragraph may include use of the services of the community dispute resolution center;

(B) the department or an entity selected by it concludes that the matter may not be adjusted without a court hearing, the department may file a petition, amended petition, or supplemental petition under (2) of this subsection setting out the facts; or

(2) appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the interests of the public or of the minor require that further action be taken; if, under this paragraph, the court appoints a person or agency to make a preliminary inquiry and to report to it, then upon the receipt of the report, the court may informally adjust the matter without a hearing, or it may authorize the person having knowledge of the facts of the case to file with the court a petition setting out the facts; if, following the filing of a petition, additional facts are determined, the court may authorize a person having knowledge of the facts to file an amended petition or supplemental petition; if the court informally adjusts the matter, the minor may not be detained or taken into the custody of the court as a condition of the adjustment, and the matter shall be closed by the court upon adjustment.

(b) The petition and all subsequent pleadings shall be styled as follows: In the matter of ........................, a minor under 18 years of age. The petition may be executed upon the petitioner's information and belief, and must be verified. It must include the following information: (1) the name, address, and occupation of the petitioner, together with the petitioner's relationship to the minor, and the petitioner's interest in the matter;

(2) the name, age, and address of the minor;

(3) a brief statement of the facts that bring the minor within this chapter;

(4) the names and addresses of the minor's parents;

(5) the name and address of the minor's guardian, or of the person having control or custody of the minor.

(c) If the petitioner does not know a fact required in this section, the petitioner shall so state in the petition.
Alaska Stat. § 47.30.700 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.700
Initial involuntary commitment procedures.
Status: in_force

(a) Upon petition of any adult, a judge shall immediately conduct a screening investigation or direct a local mental health professional employed by the department or by a local mental health program that receives money from the department under AS 47.30.520  47.30.620 or another mental health professional designated by the judge, to conduct a screening investigation of the person alleged to be mentally ill and, as a result of that condition, alleged to be gravely disabled or to present a likelihood of serious harm to self or others. Within 48 hours after the completion of the screening investigation, a judge may issue an ex parte order orally or in writing, stating that there is probable cause to believe the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others. The court shall provide findings on which the conclusion is based, appoint an attorney to represent the respondent, and may direct that a peace officer take the respondent into custody and deliver the respondent to the nearest appropriate facility for emergency examination or treatment. The ex parte order shall be provided to the respondent and made a part of the respondent's clinical record. The court shall confirm an oral order in writing within 24 hours after it is issued.

(b) The petition required in (a) of this section must allege that the respondent is reasonably believed to present a likelihood of serious harm to self or others or is gravely disabled as a result of mental illness and must specify the factual information on which that belief is based including the names and addresses of all persons known to the petitioner who have knowledge of those facts through personal observation.

(c) When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits a minor respondent under this section, the center or facility shall inform the parent or guardian of the location of the minor as soon as possible after the arrival of the minor at the center or facility. When a crisis stabilization center, crisis residential center, evaluation facility, or treatment facility admits an adult for whom a guardian has been appointed and the center or facility is aware of the appointment, the center or facility shall inform the guardian of the location of the adult as soon as possible after the arrival of the adult at the center or facility.

(d) A peace officer may take a respondent into custody under (a) of this section only if the ex parte order authorizing the peace officer to take the respondent into custody is transmitted to the peace officer through a distribution method that permits the peace officer to verify that the order originated from a court. If the peace officer receives an order through a distribution method that does not permit the peace officer to verify that the order originated from a court, the peace officer shall contact the court and request that the court transmit the order to the peace officer through a suitable distribution method. The court shall immediately comply. A facsimile transmission from a telephone number, or electronic mail from an electronic mail address, known by the peace officer to belong to a court is sufficient to satisfy this subsection.
Alaska Stat. § 47.12.050 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.050
Notice to and involvement of parent or guardian.
Status: in_force

(a) Except as may be otherwise specifically provided, in all cases under this chapter, the minor, each parent of the minor, the foster parent of the minor, and the guardian of the minor are entitled to notice adequate to give actual notice of the proceedings, taking into account education and language differences that are known or reasonably ascertainable by the party giving the notice. The notice must contain all names by which the minor has been identified.

(b) Notice shall be given in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court by order directs. Proof of giving of the notice shall be filed with the court before the petition is heard or other proceeding commenced.

(c) The court may subpoena the parent or guardian of the minor, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service. If personal service cannot be made, the court may direct that service of process be in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court directs.

(d) In any proceeding under this chapter, the presence of the minor's parent or guardian is preferred.
Alaska Stat. § 47.38.199 — AK Code / Title 47 / Chapter 47.38 / Section 47.38.199
Definitions.
Status: in_force

In this chapter, (1) commissioner means the commissioner of health;

(2) department means the Department of Health.
Alaska Stat. § 47.90.060 — AK Code / Title 47 / Chapter 47.90 / Section 47.90.060
Regulations.
Status: in_force

The commissioner may adopt regulations to implement this chapter.
Alaska Stat. § 47.07.030 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.030
Medical services to be provided.
Status: in_force

(a) The department shall offer all mandatory services required under 42 U.S.C. 1396  1396p (Title XIX of the Social Security Act).

(b) In addition to the mandatory services specified in (a) of this section and the services provided under (d) of this section, the department may offer only the following optional services: case management services for traumatic or acquired brain injury; case management and nutrition services for pregnant women; personal care services in a recipient's home; emergency hospital services; long-term care noninstitutional services; medical supplies and equipment; advanced practice registered nurse services; clinic services; rehabilitative services for children eligible for services under AS 47.07.063 , substance abusers, and emotionally disturbed or chronically mentally ill adults; targeted case management services; inpatient psychiatric facility services for individuals 65 years of age or older and individuals under 21 years of age; psychologists' services; clinical social workers' services; marital and family therapy services; professional counseling services; midwife services; prescribed drugs; physical therapy; occupational therapy; chiropractic services; low-dose mammography screening, as defined in AS 21.42.375 (e); hospice care; treatment of speech, hearing, and language disorders; adult dental and dental hygiene services; prosthetic devices and eyeglasses; optometrists' services; intermediate care facility services, including intermediate care facility services for persons with intellectual and developmental disabilities; skilled nursing facility services for individuals under 21 years of age; and reasonable transportation to and from the point of medical care.

(c) Notwithstanding (b) of this section, the department may offer a service for which the department has received a waiver from the federal government if the department was authorized, directed, or requested to apply for the waiver by law or by a concurrent or joint resolution of the legislature.

(d) The department shall establish as optional services a primary care case management system or a managed care organization contract in which certain eligible individuals are required to enroll and seek approval from a case manager or the managed care organization before receiving certain services. The purpose of a primary care case management system or managed care organization contract is to increase the use of appropriate primary and preventive care by medical assistance recipients while decreasing the unnecessary use of specialty care and hospital emergency department services. The department shall (1) establish enrollment criteria and determine eligibility for services consistent with federal and state law; the department shall require recipients with multiple hospitalizations to enroll in a primary care case management system or with a managed care organization under this subsection, except that the department may exempt recipients with chronic, acute, or terminal medical conditions from the requirement under this paragraph;

(2) define the coordinated care services and the provider types eligible to participate as primary care providers;

(3) create a performance and quality reporting system; and

(4) integrate the coordinated care demonstration projects described under AS 47.07.039 and the demonstration projects described under AS 47.07.036 (e) with the primary care case management system or managed care organization contract established under this subsection.

(e) The department shall provide the services set out in (a) and (b) of this section to an eligible person, notwithstanding the person's participation in an approved clinical trial. In this subsection, approved clinical trial has the meaning given in AS 21.42.415 .

(f) When the department authorizes the purchase of durable medical equipment under this section, the department may require a recipient of medical assistance services to purchase used or refurbished durable medical equipment if used or refurbished durable medical equipment (1) is available;

(2) is less expensive, including shipping, than new durable medical equipment of the same type;

(3) is able to withstand at least three years of use; and

(4) equally meets the needs of the recipient.

(g) For purposes of medical assistance coverage, the department may require behavioral health clinic services to be provided by or under the direct supervision of a physician licensed under AS 08.64 . In this subsection, direct supervision means that a physician licensed under AS 08.64 is available, either in person or by a communication device, to (1) provide clinical consultation or oversight to the supervisee;

(2) approve behavioral health treatment plans;

(3) review each case to determine the need for continued care;

(4) ensure that the services provided to recipients of behavioral health clinic services are medically necessary and clinically appropriate; and

(5) assume professional responsibility for the services provided.

(h) In this section, (1) case management services for traumatic or acquired brain injury means services furnished to assist individuals who reside in a community setting or who are transitioning to a community setting to gain access to needed medical, social, educational, and other available services;

(2) durable medical equipment means equipment that (A) can withstand repeated use;

(B) is primarily and customarily used to serve a medical purpose;

(C) generally is not useful to an individual in the absence of an illness or injury; and

(D) is appropriate for use in the home, school, or community.

(3) traumatic or acquired brain injury has the meaning given in AS 47.80.529 .
Alaska Stat. § 47.12.320 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.320
Disclosure of information to public officials.
Status: in_force

(a) Notwithstanding AS 47.12.300 and 47.12.310, (1) a parent or legal guardian of a minor subject to a proceeding under this chapter may disclose confidential or privileged information about the minor, including information that has been lawfully obtained from agency or court files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed under AS 24.55 , the attorney general, and the commissioners of family and community services, administration, or public safety, or an employee of these persons, for review or use in their official capacities;

(2) the department may disclose confidential or privileged information about the minor and make available for inspection documents about the minor to the state officials or employees identified in (1) of this subsection for review or use in their official capacities; and

(3) a person to whom disclosure is made under (1) or (2) of this subsection may not disclose confidential or privileged information about the minor to a person not authorized to receive it.

(b) The disclosure right under (a)(1) of this section is in addition to, and not in derogation of, the rights of a parent or legal guardian of a minor.

(c) A person who violates a provision of this section is guilty of a misdemeanor and upon conviction is punishable for the violation in the manner authorized under AS 12.55 for a class B misdemeanor.

Article 3. Youth Courts.
Alaska Stat. § 47.45.400 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.400
Long-term care allowance.
Status: in_force

(a) The department shall exclude a personal needs allowance of $200 a month from the income calculation made for the reimbursed cost of long-term care facility services, including swing-bed facility services, paid by the department for a person who is a recipient of medical assistance benefits under AS 47.07.020 .

(b) The department shall pay a personal needs allowance of $200 a month to a resident of a long-term care facility in the state who is without income or resources.

(c) In this section, long-term care facility means an establishment, other than an Alaska Pioneers' Home or an Alaska Veterans' Home, that is (1) licensed by the department under AS 47.32 as a skilled nursing facility or intermediate care facility; or

(2) owned or operated as a skilled nursing facility or intermediate care facility by the United States, an Indian tribe, or a tribal organization and exempt from state licensure under applicable law.
Alaska Stat. § 47.40.041 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.041
Grants.
Status: in_force

(a) The department shall award grants in accordance with its regulations. The department may award grants for periods not to exceed three years. The department may adjust grant amounts annually, using a cost-of-living allowance formula adopted in its regulations. Grant awards are subject to legislative appropriation. If insufficient money is appropriated to fund all grants awarded, the department shall prorate grant amounts, reduce the number of beds contracted for, or otherwise adjust grants to the extent of the appropriated funds.

(b) Notices published by the department concerning the opening of the application process for a grant award must specify the geographical area in which services are needed, the type of services, the number of beds anticipated to be needed, the maximum number of days of care, and any other requirements established by the department. Grants authorized under this section are exempt from AS 36.30 (State Procurement Code).

(c) Grants may not include payment for (1) costs, including salaries and fees, incurred in raising funds or lobbying;

(2) costs of academic education that duplicate the public education system, except as provided for in regulations;

(3) costs of religious training; and

(4) costs that are funded by other government sources.
Alaska Stat. § 47.12.105 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.105
Detention of minors waived into adult court.
Status: in_force

(a) Except as provided in AS 47.12.240 , the department, by agreement with the Department of Corrections, shall detain and care for waived minors. The department shall transfer a waived minor to a facility operated by the Department of Corrections when the waived minor reaches 18 years of age.

(b) Except as provided in (c) of this section, a waived minor held in an adult correctional facility for more than four hours to attend court proceedings must be separated by sight and sound from adult offenders.

(c) If there is not an available juvenile detention facility in a community where a trial is being held or if a juvenile facility is inappropriate for a waived minor, the department may request that the court order, in the interest of justice, that a waived minor be held in an adult correctional facility with or without sight and sound separation from adult offenders. In making this decision, the court shall consider (1) the age of the waived minor;

(2) the physical and mental maturity of the waived minor;

(3) the present mental state of the waived minor, including whether the waived minor presents an imminent risk of harm to self;

(4) the nature and circumstances of the alleged offense;

(5) the waived minor's history of prior delinquent acts;

(6) the relative ability of an available adult or juvenile detention facility to meet the specific needs of the waived minor and protect the safety of the public and other detained minors; and

(7) other relevant factors.

(d) If a court determines under (c) of this section that it is in the interest of justice to permit a waived minor to be held in an adult correctional facility, (1) the department shall request a hearing not less than once every 30 days to review the determination that the waived minor may be held under the ordered circumstances;

(2) the waived minor may not be held in an adult correctional facility, or permitted to have sight or sound contact with adult offenders, for more than 180 days, unless the court determines in writing that there is good cause for an extension or the waived minor expressly waives this limitation.

(e) A waived minor detained under (a) of this section shall be detained in a secure juvenile facility and receive credit, including a good time deduction under AS 33.20.010 , for time spent in a department facility pending trial, sentencing, or appeal, if the detention is in connection with an offense for which a sentence is imposed.

(f) A waived minor who is detained in an adult correctional facility under (c) of this section is entitled to counsel at a review hearing held under (d) of this section.

(g) In this section, waived minor means an individual who commits an offense while under the age of 18 and is waived into adult court under AS 47.12.030 or 47.12.100.
Alaska Stat. § 47.33.360 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.360
Involuntary termination of contract.
Status: in_force

(a) An assisted living home may not terminate a residential services contract with a resident of the home against the resident's will, except (1) for medical reasons;

(2) for engaging in a documented pattern of conduct that is harmful to the resident, other residents, or staff of the home;

(3) for violation of the terms of the residential services contract, including failure to pay costs incurred under the contract;

(4) when emergency transfer out of the home is ordered by the resident's physician;

(5) when the home is closing; or

(6) when the home can no longer provide or arrange for services in accordance with the resident's needs and the resident's assisted living plan.

(b) At least 30 days before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall provide written notice of the proposed contract termination to the resident or the resident's representative, and to the resident's service coordinator, if any. The notice must state the (1) basis for the termination; and

(2) resident's right to contest the termination in the manner provided in the contract, which must include an offer by the home to participate in a case conference as described in (c) of this section.

(c) Before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall participate in a case conference if requested by the resident or the resident's representative. The case conference must include the resident, the resident's representative, if any, the resident's advocate, if any, the resident's service coordinator, if any, the home administrator, and appropriate care providers who may discuss the appropriateness of the contract termination.

(d) If a home terminates the residential services contract with a resident under this section, the home shall cooperate with the resident, the resident's service coordinator, if any, and the resident's representative, if any, in making arrangements to relocate the resident.

Article 4. Forms.
Alaska Stat. § 47.10.110 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.110
Appointment of guardian or custodian.
Status: in_force

When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor's person, the court may make the appointment. The court shall have a summons issued and served upon the parents of the minor, if they can be found, in a manner and within a time before the hearing that the court considers reasonable. The court may determine whether the father, mother, another suitable person, or the department shall have the custody and control of the minor. If the minor is of sufficient age and intelligence to state desires, the court shall consider them.
Alaska Stat. § 47.08.130 — AK Code / Title 47 / Chapter 47.08 / Section 47.08.130
Regulations.
Status: in_force

The department may adopt regulations, under AS 44.62 (Administrative Procedure Act) that establish rates of reimbursement to providers for medical expenses incurred, as well as other regulations necessary to carry out the purposes of AS 47.08.010  47.08.140.
Alaska Stat. § 47.32.030 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.030
Powers of the Department of Health and the Department of Family and Community Services; delegation to municipality.
Status: in_force

(a) For each entity over which it has licensing authority under AS 47.32.010 , the applicable department may (1) administer and enforce the provisions of this chapter;

(2) coordinate and develop policies, programs, and planning related to licensure and operation of entities listed in AS 47.32.010 (b) or (c) as defined by regulation;

(3) adopt regulations necessary to carry out the purposes of this chapter, including regulations that (A) establish fees for licensing of each type of entity listed in AS 47.32.010 (b) or (c);

(B) impose requirements for licensure, including standards for license renewal, that are in addition to the requirements of this chapter or of any other applicable state or federal statute or regulation;

(C) impose requirements and standards on licensed entities that are in addition to those imposed by this chapter or by any other applicable state or federal statute or regulation, including (i) requirements and standards necessary for an entity or the state to receive money from the applicable department from any source, including federal money;

(ii) record-keeping requirements;

(iii) reporting requirements; and

(iv) requirements and standards regarding health, safety, and sanitation;

(D) provide for waivers, variances, and exemptions from the requirements of this chapter, including the requirement to obtain a license, if the applicable department finds it necessary for the efficient administration of this chapter; and

(E) establish requirements for the operation of entities licensed by the applicable department under this chapter;

(4) investigate (A) entities described in AS 47.32.010 (b) or (c);

(B) applicants for licensure, including individuals named in an application; and

(C) other persons that the applicable department has reason to believe are operating an entity required to be licensed under this chapter, or are residing or working in an entity for which licensure has been sought under this chapter; this subparagraph does not apply to persons receiving services from an entity for which licensure has been sought under this chapter;

(5) inspect and monitor licensed entities for compliance with this chapter, regulations adopted under this chapter, and any other applicable statutes or regulations;

(6) enter into contracts and agreements necessary to carry out the functions, powers, and duties of the applicable department under this chapter;

(7) enter into agreements with private entities, municipalities, and individuals to investigate and make recommendations to the applicable department regarding the licensure and monitoring of entities under this chapter;

(8) require an individual who is or will be operating an entity to complete training related to the operation of the entity;

(9) waive the application requirements for an entity seeking licensure if the entity submits documentation to the applicable department verifying that it (A) has a license issued by an organization or other agency that has licensing authority under state or federal law if the standards for that licensure are approved by the applicable department under this chapter or regulations adopted under this chapter;

(B) has accreditation from a nationally recognized organization if the standards for that accreditation are equal to or more stringent than the standards for licensure under this chapter or regulations adopted under this chapter; or

(C) is an entity that federal law does not require to be licensed.

(b) The Department of Health shall delegate the department's authority to regulate child care facilities to a municipality that has adopted an ordinance providing for child care licensing under home rule powers under AS 29.10.010 or as authorized under AS 29.35.200  29.35.210. The Department of Health shall make the delegation described in this subsection within 90 days after receiving a written request from the municipality to delegate the authority. A municipality receiving a delegation under this subsection may adopt additional requirements for child care facilities operating within the boundaries of the municipality if the requirements meet or exceed the requirements under state law.

(c) The issuance of a license by the applicable department does not obligate the applicable department to place or maintain an individual in an entity or through an entity, or to provide financial support to an entity.

(d) The Department of Health may not require a licensed entity to increase services for the sole purpose of accommodating a physician's practice of prescribing, dispensing, or administering an investigational drug, biological product, or device, or providing related treatment, to a patient. In this subsection, investigational drug, biological product, or device has the meaning given in AS 08.64.367 .
Alaska Stat. § 47.80.140 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.140
Licensing and certificates of need.
Status: in_force

(a) A person may not establish or operate a residential facility until the facility has been licensed under AS 47.32 .

(b) A certificate of need is required as a prerequisite for the licensing of a residential facility established after July 1, 1978, and not otherwise provided for in AS 18.07.031  18.07.111. A certificate shall be issued and regulated in the same manner as provided in AS 18.07.031  18.07.111 for certificates of need for health care facilities. This subsection does not apply to an assisted living home licensed under AS 47.32 .
Alaska Stat. § 47.27.065 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.065
Federal-state cooperation.
Status: in_force

In the administration of this chapter, the department shall cooperate with the Secretary of the United States Department of Health and Human Services and shall take actions necessary to comply with the requirements of federal law to obtain public assistance block grants or other federal assistance available for the purposes of this chapter. The department shall make reports in the form and containing the information required to the Secretary of the United States Department of Health and Human Services. The department may cooperate with federal agencies charged with the administration of the federal public assistance block grants and other financial assistance.
Alaska Stat. § 47.25.440 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.440
Application for assistance.
Status: in_force

A person requesting assistance shall apply for it, either personally or through another, in a format and manner prescribed in regulations adopted by the department. Regulations adopted under this section must establish an electronic application for assistance and allow an applicant to submit an application in electronic format or in other formats required by state and federal law. The electronic application must inform an applicant that a false statement made on the application will be investigated and is punishable under AS 11.56.210 . In this section, electronic application means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website.
Alaska Stat. § 47.20.110 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.110
Other duties of the department.
Status: in_force

(a) The department shall adopt regulations necessary to implement AS 47.20.060  47.20.290, including regulations (1) for personnel development, including preservice and in-service training programs for providers of early intervention services;

(2) to govern resolution of intra-agency and interagency disputes about the provision of services under AS 47.20.060  47.20.290 and the financial responsibility of the respective parties for those services;

(3) that ensure that services are provided to children and their families in a timely manner pending the resolution of disputes among public agencies or service providers;

(4) providing for due process with respect to the rights of children and parents who are eligible for services under AS 47.20.060  47.20.290; the regulations must provide that during the pendency of a complaint about a change in services, the child and family shall continue to receive the prior services unless the state and the family otherwise agree, or, if the complaint relates to an application for initial services, the child and family shall receive the services that are not in dispute; and

(5) for the award of grants under AS 47.20.060  47.20.290.

(b) The department shall establish a system for compiling data on the numbers of children and their families in the state who need early intervention services, the numbers being served, the types of services provided, and other information as required under federal law. Personally identifiable information obtained under AS 47.20.060  47.20.290 is confidential for purposes of AS 40.25.110  40.25.120.
Alaska Stat. § 47.05.017 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.017
Home care providers.
Status: in_force

(a) State money may not be used for a home care provider unless criminal history record information as permitted by P.L. 105-277 and AS 12.62 is requested for the provider within 10 business days after the provider is hired to provide the care and is reviewed within five business days after it is received. The department shall require the grantee or contractor to do the information request and review required under this subsection for a home care provider employed by a person who has a grant or contract from the department to provide home care services.

(b) The department shall adopt regulations identifying actions that it will take, in addition to those otherwise required under AS 47.17 and AS 47.24 , when a report of harm is made under AS 47.17 or AS 47.24 that might relate to harm caused by actions or inactions of a public home care provider. The regulations must (1) address circumstances under which the department will, or will require a contractor or grantee to, reassign, suspend, or terminate a person alleged to have perpetrated harm;

(2) include appropriate procedural safeguards to protect the due process rights of public home care providers who may be reassigned, suspended, or terminated under the circumstances described in (1) of this subsection; and

(3) if the home care provider is a certified nurse aide, include procedures under which the department shall notify the Board of Nursing if the nurse aide is suspected of abuse, neglect, or misappropriation of property.

(c) In this section, public home care provider means a person who is paid by the state, or by an entity that has contracted with the state or received a grant from state funds, to provide homemaker services, chore services, personal care services, home health care services, or similar services in or around a client's private residence or to provide respite care in either the client's residence or the caregiver's residence or facility.
Alaska Stat. § 47.10.090 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.090
Court records.
Status: reserved

(a) The court shall make and keep records of all cases brought before it.

(b) [Repealed, § 55 ch 59 SLA 1996.] (c) Within 30 days after the date of a child's 18th birthday or, if the court retains jurisdiction of a child past the child's 18th birthday, within 30 days after the date on which the court releases jurisdiction over the child, the court shall order all the court's official records pertaining to that child in a proceeding under this chapter sealed. A person may not use these sealed records unless authorized by order of the court upon a finding of good cause.

(d) The name or picture of a child under the jurisdiction of the court may not be made public in connection with the child's status as a child in need of aid unless authorized by order of the court or unless to implement the permanency plan for a child after all parental rights of custody have been terminated. This subsection does not prohibit the release of aggregate information for statistical or other informational purposes if the identity of any particular person is not revealed by the release.

(e) The court's official records under this chapter may be inspected only with the court's permission and only by persons having a legitimate interest in them. A foster parent is considered to have a legitimate interest in those portions of the court's records relating to a child who is placed by the department with the foster parent or who the department proposes for placement with the foster parent.
Alaska Stat. § 47.18.120 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.120
Applications for project funding.
Status: in_force

(a) A person or group seeking funding under AS 47.18.100 shall apply to the department on a form provided by the department.

(b) When applying under (a) of this section, the applicant must demonstrate to the satisfaction of the department that the proposed project (1) has been designed with extensive assistance from local community members who represent a variety of interests, cultures, and perspectives on adolescent pregnancy and parenthood;

(2) is based on sound research, to the maximum extent possible;

(3) will maximize collaboration among all relevant agencies involved in the needs being addressed by the project;

(4) includes an evaluation component to measure project effectiveness;

(5) includes a public awareness campaign component.
Alaska Stat. § 47.12.240 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.240
Detention of minors.
Status: reserved

(a) When the court commits a minor to the custody of the department, the department shall arrange to place the minor in a juvenile detention facility or another suitable place that the department designates for that purpose. Except under the conditions described in AS 47.12.105 or (c) of this section, the minor may not be incarcerated in a correctional facility that houses adult prisoners.

(b) When a minor is detained under this chapter, the person having responsibility for the facility in which the minor is detained shall immediately make reasonable attempts to notify the minor's parent, guardian, or custodian of the minor's detention.

(c) Notwithstanding (a) of this section, a minor may be detained in an adult correctional facility, an adult jail, or a temporary secure juvenile holding area if the minor is arrested for criminal charges under AS 47.12.030 (a), if the minor is the subject of a petition filed with the court under this chapter seeking adjudication of the minor as a delinquent minor, or if the minor is in official detention pending the filing of that petition; however, detention in an adult correctional facility, an adult jail, or a temporary secure juvenile holding area under this subsection may not exceed the lesser of

(1) six hours, except under the criteria listed in (e) of this section; or

(2) the time necessary to arrange the minor's transportation to a juvenile detention facility or comparable facility for the detention of minors.

(d) When a minor is detained under (c) of this section, the minor shall be (1) assigned to quarters in a correctional facility or an adult jail that are separate from quarters used to house adult prisoners so that the minor cannot communicate with or view adults who are in official detention;

(2) provided admission, health care, hygiene, and food services and recreation and visitation opportunities separate from services and opportunities provided to adults who are in official detention.

(e) Notwithstanding the limitation on detention set out in (c) of this section, a minor whose detention is authorized by (c) of this section may be detained in a correctional facility for up to 24 hours when the authority having jurisdiction over the minor under this chapter is outside a metropolitan statistical area under the current designation of the United States Bureau of the Census and the authority has no existing acceptable alternative placement available for the minor. The minor may be held in secure custody beyond the 24-hour period if the criteria set out in this subsection are met and if the correctional facility is located where conditions of (1) distance to be traveled or the lack of highway, road, or other ground transportation do not allow for court appearances within 24 hours, in which case the minor may be held for up to an additional 48 hours at the correctional facility; or

(2) lack of safety exist, such as severely adverse, life-threatening weather conditions that do not allow for reasonably safe travel, in which case the time for an appearance may be delayed until 24 hours after the time that the conditions become safe.

(f) A detention authorized by (e) of this section may not exceed the time necessary to satisfy the requirement of (c)(2) of this section.

(g) [Repealed, § 42 ch 12 SLA 2006.] (h) In this section, (1) correctional facility has the meaning given in AS 33.30.901 whether the facility is operated by the state, a municipality, a village, or another entity;

(2) official detention has the meaning given in AS 11.81.900 .
Alaska Stat. § 47.10.010 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.010
Jurisdiction; guardians and attorneys; support.
Status: in_force

(a) Proceedings relating to a child under 18 years of age residing or found in the state are governed by this chapter when the child is alleged to be or may be determined by the court to be a child in need of aid under AS 47.10.011 .

(b) In a controversy concerning custody of a child under this chapter, the court may appoint a guardian of the person and property of a child, may appoint an attorney to represent the legal interests of the child, and may order support from either or both parents. Custody of a child may be given to the department and payment of support money to the department may be ordered by a court.
Alaska Stat. § 47.24.010 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.010
Persons required to report; reports of harm.
Status: reserved

(a) Except as provided in (e) of this section, the following persons who, in the performance of their professional duties, have reasonable cause to believe that a vulnerable adult suffers from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect shall, not later than 24 hours after first having cause for the belief, report the belief to the department's vulnerable adult centralized intake office: (1) a physician or other licensed health care provider;

(2) a mental health professional as defined in AS 47.30.915 and including a marital and family therapist licensed under AS 08.63 ;

(3) a pharmacist;

(4) an administrator or employee of a nursing home, residential care, or health care facility;

(5) a guardian or conservator;

(6) a police officer;

(7) a village public safety officer;

(8) a village health aide;

(9) a social worker;

(10) a member of the clergy;

(11) a staff employee of a project funded by the Department of Administration for the provision of services to older Alaskans, the Department of Health, or the Council on Domestic Violence and Sexual Assault;

(12) an employee of a personal care or home health aide program;

(13) an emergency medical technician or a mobile intensive care paramedic;

(14) a caregiver of the vulnerable adult;

(15) a certified nurse aide;

(16) an educator or administrative staff member of a public or private educational institution.

(b) A report made under this section may include the name and address of the reporting person and must include (1) the name and contact information of the vulnerable adult;

(2) information relating to the nature and extent of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect;

(3) other information that the reporting person believes might be helpful in an investigation of the case or in providing protection for the vulnerable adult.

(c) The department or its designees shall report to the Department of Law any person required by (a) of this section to report who fails to comply with this section. A person listed in (a) of this section who, because of the circumstances, should have had reasonable cause to believe that a vulnerable adult suffers from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect but who knowingly fails to comply with this section is guilty of a class B misdemeanor. If a person convicted under this section is a member of a profession or occupation that is licensed, certified, or regulated by the state, the court shall notify the appropriate licensing, certifying, or regulating entity of the conviction.

(d) This section does not prohibit a person listed in (a) of this section, or any other person, from reporting cases of undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that have come to the person's attention in the person's nonoccupational capacity. This section does not prohibit any other person from reporting a harm under this section.

(e) If a person making a report under this section believes that immediate action is necessary to protect the vulnerable adult from imminent risk of serious physical harm due to undue influence, abandonment, exploitation, abuse, neglect, or self-neglect and the reporting person cannot immediately contact the department's vulnerable adult centralized intake office, the reporting person shall make the report to a police officer or a village public safety officer. The police officer or village public safety officer shall take immediate action to protect the vulnerable adult and shall, within 24 hours after receiving the report of harm, notify the department. A person may not bring an action for damages against a police officer, a village public safety officer, the state, or a political subdivision of the state based on a decision under this subsection to take or not to take immediate action to protect a vulnerable adult. If a decision is made under this subsection to take immediate action to protect a vulnerable adult, a person may not bring an action for damages based on the protective actions taken unless the protective actions were performed with gross negligence or intentional misconduct; damages awarded in the action may include only direct economic compensatory damages for personal injury.

(f) [Repealed, § 15, ch. 19, SLA 2017] (g) [Repealed, § 14 ch 129 SLA 1994.] (h) [Repealed, § 14 ch 129 SLA 1994.] (i) A person required to report under this section who makes the report to the person's job supervisor or to another individual working for the entity that employs the person is not relieved of the obligation to make the report to the department as required under (a) of this section.

(j) A person who recklessly makes a false report under this section is civilly liable for actual damages suffered by the person who is the subject of the report.
Alaska Stat. § 47.14.112 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.112
Training and workload standards; reports to legislature.
Status: in_force

(a) The department shall implement workload standards and a training program for employees who supervise the care of children committed to the supervision or custody of the department under AS 47.10 , work with families to prevent the removal of a child from the child's home under AS 47.10 , or investigate reports of harm under AS 47.17 . The department shall prepare a staffing report under (b) of this section if the department is unable (1) to employ the number of qualified employees necessary to ensure that (A) the department reasonably and safely minimizes the time a child is not in a permanent living arrangement or under a permanent guardianship;

(B) a child is not removed from the child's home when it is possible and in the child's best interest for the department to work with the child's family to prevent the removal of the child from the child's home;

(C) each child is placed in a permanent home not more than 24 months after the date the child is first removed from the child's home;

(2) to meet best practices standards set by the department requiring the employment of mentors for employees who supervise the care of children committed to the supervision or custody of the department under AS 47.10 , work with families to prevent the removal of a child from the child's home under AS 47.10 , or investigate reports of harm under AS 47.17 ;

(3) for a new employee who supervises the care of a child committed to the supervision or custody of the department under AS 47.10 , works with families to prevent the removal of a child from the child's home under AS 47.10 , or investigates reports of harm under AS 47.17 , to (A) provide a minimum of six weeks of training unless the department finds that the new employee has sufficient experience to justify a shorter training period;

(B) limit the employee's workload as follows: (i) before the beginning of an employee's fourth month of work with the department, the employee may supervise not more than six families;

(ii) after the beginning of the employee's fourth month of work but before the end of the employee's sixth month of work with the department, the employee may supervise not more than 12 families;

(iii) when an employee supervises families in a region where travel distances negatively affect the employee's ability to supervise families and the employee has worked for the department for less than 12 months, the employee may not supervise the maximum number of families provided under (i) and (ii) of this subparagraph; and

(4) for an employee, other than a new employee, who supervises the care of children committed to the supervision or custody of the department under AS 47.10 , works with families to prevent the removal of a child from the child's home under AS 47.10 , or investigates reports of harm under AS 47.17 , to ensure that the average statewide caseload is not more than 13 families for each worker.

(b) A staffing report prepared as a result of the department's inability to meet the training and workload standards in (a) of this section must be included in the department's annual report to the legislature required under AS 18.05.020 . The department shall explain in the staffing report the reasons the department has not been able to meet the standards and provide the following information: (1) the number of employees who vacated positions during the reporting period;

(2) the number of funded positions that are vacant;

(3) a description of efforts made to recruit and retain employees;

(4) if the department determines additional employee positions are necessary to meet the standards, the number and cost of the additional positions;

(5) if the department determines additional funding is necessary to meet the standards, the amount and purpose of the additional funding; and

(6) the effects on a child and the child's family of the department's inability to meet the standards.

(c) Notwithstanding any other provision of this section, the department is immune from suit under this section if the department was unable to meet the workload standards and adjusted workload standards because of a lack of sufficient appropriations or because the department's efforts to recruit or retain employees did not result in an adequate number of qualified applicants to meet the workload standards, as outlined in the staffing report.

(d) The division of the department with responsibility over the custody of children shall prepare and make available to the legislature an annual report on employee recruitment and retention, including a five-year plan, for the division. Not later than November 15 of each year, the department shall deliver the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available. The report prepared under this subsection is separate from the annual report to the legislature required under AS 18.05.020 and must include, for the previous 12 months, (1) the number of frontline social workers employed by the division, the annual average turnover rate of the workers, and the average caseload of the workers on January 1 and July 1 of that year;

(2) the number of children removed from their homes;

(3) the achievement of success measured by the following: (A) rate of family reunification;

(B) average length of time children spent in custody of the department;

(C) rate of placement with an adult family member or family friend;

(D) number of children placed in a permanent living arrangement with a guardian or biological or adoptive parent;

(E) number of children released from the custody of the department;

(4) if the department has met or exceeded the caseload standards under this chapter and, if the standards were exceeded, the number of caseworker positions in the division that could be eliminated and the amount of funding that could be reduced while continuing to meet but not routinely exceed the caseload standards;

(5) the performance of the department on federal benchmarks focused on the safety, well-being, and permanent placements of foster children compared with the previous five years.
Alaska Stat. § 47.37.050 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.050
Interdepartmental coordinating committee.
Status: in_force

(a) An interdepartmental coordinating committee is created, composed of the commissioners of health, education and early development, transportation and public facilities, labor and workforce development, and public safety, and the director of the Alcoholic Beverage Control Board. The committee shall meet at least twice annually at the call of the commissioner of health who is its chairman. The committee shall provide for the coordination and exchange of information on all programs relating to alcoholism or drug abuse and act as a permanent liaison among state departments engaged in activities affecting alcoholics, intoxicated persons, and drug abusers. The committee shall assist the commissioner of health in formulating a comprehensive plan for prevention of alcoholism and drug abuse and for treatment of alcoholics, intoxicated persons, and drug abusers.

(b) In exercising its coordinating functions, the committee shall assure that the appropriate state agencies (1) provide all necessary medical, social, treatment, and educational services for alcoholics, intoxicated persons, and drug abusers and for the prevention of alcoholism and drug abuse, without unnecessary duplication of services;

(2) cooperate in the use of facilities and in the treatment of alcoholics, intoxicated persons, and drug abusers;

(3) adopt approaches for the prevention of alcoholism and drug abuse and the treatment of alcoholics, intoxicated persons, and drug abusers consistent with the policy of AS 47.37.010  47.37.270.
Alaska Stat. § 47.80.160 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.160
Transportation.
Status: in_force

When an individual is to be treated under this chapter, the department shall arrange, upon the request of a person having a proper interest in the individual's treatment, and may pay for the individual's transportation to the designated facility, with appropriate medical or nursing attendants and by the available means that are appropriate and suitable. The department may pay return transportation of an individual and appropriate medical and nursing attendants. When practicable, one or more relatives or friends of the individual to be treated shall be permitted to accompany the individual. The department may pay necessary travel, housing, and meal expenses incurred by one relative or friend in accompanying the individual to the facility if the department determines (1) that the best interests of the individual's health require that the individual be accompanied by the relative or friend;

(2) the relative or friend accompanying the individual is indigent.
Alaska Stat. § 47.07.065 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.065
Payment for prescribed drugs.
Status: in_force

(a) The department shall pay for prescribed drugs under AS 47.07.030 (b) under regulations adopted by the commissioner in conformity with applicable federal regulations.

(b) The department shall adopt in regulation and regularly update a preferred drug list and a prior authorization medications list under a state program permitted under 42 U.S.C. 1396r-8 (Title XIX, Social Security Act). The department shall take other reasonable cost savings and cost containment measures, including pursuing and securing negotiated rates, rebates, and contracts or other agreements on covered outpatient drugs. In this subsection, preferred drug list means a list of prescription medications within a therapeutic class and suggested as the first choice when prescribed for individuals within the medical assistance program.
Alaska Stat. § 47.25.622 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.622
Duties.
Status: in_force

The Department of Health shall (1) administer the Alaska affordable heating program provided under AS 47.25.621 ;

(2) adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purpose of the program;

(3) coordinate payments among other heating assistance programs to avoid duplication of payments;

(4) establish an electronic application for the Alaska affordable heating program and allow an applicant to submit an application in electronic format or in other formats required by state and federal law; the electronic application must inform an applicant that a false statement made on the application will be investigated and is punishable under AS 11.56.210 ; in this paragraph, electronic application means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website.
Alaska Stat. § 47.07.068 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.068
Payment for abortions.
Status: in_force

(a) The department may not pay for abortion services under this chapter unless the abortion services are for a medically necessary abortion or the pregnancy was the result of rape or incest. Payment may not be made for an elective abortion.

(b) In this section, (1) abortion has the meaning given in AS 18.16.090 ;

(2) elective abortion means an abortion that is not a medically necessary abortion;

(3) medically necessary abortion means that, in a physician's objective and reasonable professional judgment after considering medically relevant factors, an abortion must be performed to avoid a threat of serious risk to the life or physical health of a woman from continuation of the woman's pregnancy;

(4) serious risk to the life or physical health includes, but is not limited to, a serious risk to the pregnant woman of (A) death; or

(B) impairment of a major bodily function because of (i) diabetes with acute metabolic derangement or severe end organ damage;

(ii) renal disease that requires dialysis treatment;

(iii) severe pre-eclampsia;

(iv) eclampsia;

(v) convulsions;

(vi) status epilepticus;

(vii) sickle cell anemia;

(viii) severe congenital or acquired heart disease, class IV;

(ix) pulmonary hypertension;

(x) malignancy if pregnancy would prevent or limit treatment;

(xi) kidney infection;

(xii) congestive heart failure;

(xiii) epilepsy;

(xiv) seizures;

(xv) coma;

(xvi) severe infection exacerbated by pregnancy;

(xvii) rupture of amniotic membranes;

(xviii) advanced cervical dilation of more than six centimeters at less than 22 weeks gestation;

(xix) cervical or cesarean section scar ectopic implantation;

(xx) any pregnancy not implanted in the uterine cavity;

(xxi) amniotic fluid embolus; or

(xxii) another physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy that places the woman in danger of death or major bodily impairment if an abortion is not performed.
Alaska Stat. § 47.17.290 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.290
Definitions.
Status: in_force

In this chapter, (1) athletic coach means (A) a paid leader or assistant of a sports team; or

(B) a volunteer leader or assistant of a sports team who volunteers as a leader or assistant of a sports team for more than four hours a week;

(2) child means a person under 18 years of age;

(3) child abuse or neglect means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the age of 18 by a person under circumstances that indicate that the child's health or welfare is harmed or threatened thereby; in this paragraph, mental injury means an injury to the emotional well-being, or intellectual or psychological capacity of a child, as evidenced by an observable and substantial impairment in the child's ability to function;

(4) child care provider means an adult individual, including a foster parent or an employee of an organization, who provides care and supervision to a child for compensation or reimbursement;

(5) criminal negligence has the meaning given in AS 11.81.900 ;

(6) department means the Department of Family and Community Services;

(7) immediately means as soon as is reasonably possible, and no later than 24 hours;

(8) institution means a private or public hospital or other facility providing medical diagnosis, treatment, or care;

(9) maltreatment means an act or omission that results in circumstances in which there is reasonable cause to suspect that a child may be a child in need of aid, as described in AS 47.10.011 , except that, for purposes of this chapter, the act or omission need not have been committed by the child's parent, custodian, or guardian;

(10) mental injury means a serious injury to the child as evidenced by an observable and substantial impairment in the child's ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified expert witness;

(11) neglect means the failure by a person responsible for the child's welfare to provide necessary food, care, clothing, shelter, or medical attention for a child;

(12) organization means a group or entity that provides care and supervision for compensation to a child not related to the caregiver, and includes a child care facility, pre-elementary school, early education program, head start center, child foster home, residential child care facility, recreation program, children's camp, and children's club;

(13) person responsible for the child's welfare means the child's parent, guardian, foster parent, a person responsible for the child's care at the time of the alleged child abuse or neglect, or a person responsible for the child's welfare in a public or private residential agency or institution;

(14) practitioner of the healing arts includes athletic trainers, chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapist assistants, physicians, physician assistants, psychiatrists, psychologists, psychological associates, audiologists and speech-language pathologists licensed under AS 08.11 , hearing aid dealers licensed under AS 08.55 , marital and family therapists licensed under AS 08.63 , behavior analysts, assistant behavior analysts, religious healing practitioners, acupuncturists, and surgeons;

(15) reasonable cause to suspect means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case;

(16) school district means a city or borough school district or regional educational attendance area;

(17) sex offense has the meaning given in AS 12.63.100 ;

(18) sexual exploitation includes (A) allowing, permitting, or encouraging a child to engage in prostitution prohibited by AS 11.66.100  11.66.150, by a person responsible for the child's welfare;

(B) allowing, permitting, encouraging, or engaging in activity prohibited by AS 11.41.455 (a), by a person responsible for the child's welfare.
Alaska Stat. § 47.12.080 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.080
Release of minor.
Status: in_force

A minor who is taken into custody may, in the discretion of the court and upon the written promise of the parent, guardian, or custodian to bring the minor before the court at a time specified by the court, be released to the care and custody of the parent, guardian, or custodian. The minor, if not released, shall be detained as provided by AS 47.12.240 . The court may determine whether the father or mother or another person shall have the custody and control of the minor for the duration of the proceedings. If the minor is of sufficient age and intelligence to state desires, the court shall give consideration to the minor's desires.
Alaska Stat. § 47.32.200 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.200
Notices required of entities.
Status: in_force

(a) An entity shall provide the department with licensing authority for that entity with written notice of a change of mailing address at least 14 days before the effective date of the change.

(b) An entity shall notify the department with licensing authority for that entity within 24 hours after having knowledge that an administrator, employee, volunteer, or household member, as required by the type of entity under department regulations, has been (1) convicted of, has been charged by information or complaint with, or is under indictment or presentment for an offense listed in regulations adopted under AS 47.05.310 or a law or ordinance of this or another jurisdiction with similar elements; or

(2) found to have neglected or abused a child as described in AS 47.10 .

(c) An entity shall notify the department with licensing authority for that entity within 24 hours after having knowledge of any allegation or suspicion of abuse, neglect, or misappropriation of money or other property of an individual receiving services from the entity. The entity shall conduct an investigation and make a written report to that department within five days following notification to the department under this subsection.

(d) Not less than 20 days before the effective date of a decision to relinquish the entity's license, the entity shall notify the department with licensing authority for that entity of the decision.

(e) Not more than one day after signing a contract for sale of the licensed entity, the entity shall notify the department with licensing authority for that entity of the sale.

(f) Not less than 30 days before an entity wishes to change the location of the entity, the entity shall notify the department with licensing authority for that entity of the change.
Alaska Stat. § 47.05.032 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.032
Disclosures to legislators.
Status: in_force

A legislator to whom confidential information is disclosed under AS 47.05.020  47.05.030 is not subject to a penalty for further disclosure of the information unless, at the time the information was provided to the legislator, the legislator was given written notification that the material was confidential.
Alaska Stat. § 47.40.100 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.100
Purchase of services for pregnant women.
Status: in_force

The Department of Health and the Department of Family and Community Services shall pay within each department's respective appropriation the cost of prenatal services which are not available from an existing state or federal program other than medical services for a pregnant woman experiencing social and economic difficulties, including the costs of transportation to and from a maternity home or a foster home, counseling, adoption assistance, maternity home and foster home care, and parenting skills.
Alaska Stat. § 47.30.706 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.706
Detention for evaluation after finding of incompetence.
Status: in_force

(a) If a person who has been charged with a felony offense against a person under AS 11.41 or felony arson has been found incompetent to proceed under AS 12.47 , before the charges are dismissed, an attorney with the Department of Law shall petition a court to have the person delivered to the nearest evaluation facility for an evaluation under AS 47.30.710 .

(b) Upon receiving a petition under (a) of this section, a court shall, unless the presumption in (d) of this section has been successfully rebutted, issue an ex parte order orally or in writing stating that there is probable cause to believe the respondent is mentally ill and that condition causes the respondent to present a likelihood of serious harm to self or others. The court shall appoint an attorney to represent the respondent and may direct that a peace officer take the respondent into custody and deliver the respondent to the nearest appropriate facility for evaluation. The ex parte order shall be provided to the respondent and made a part of the respondent's clinical record. The court shall set a date, time, and place for a 30-day commitment hearing, to be held within 72 hours after the respondent's arrival at the evaluation facility. The court shall confirm an oral order in writing within 24 hours after it is issued.

(c) A respondent taken into custody for evaluation under this section may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to an evaluation facility.

(d) A defendant charged with a felony offense against a person under AS 11.41 or felony arson and found to be incompetent to proceed under AS 12.47.100 is rebuttably presumed to be mentally ill and to present a likelihood of serious harm to self or others. In evaluating whether a defendant is likely to cause serious harm under this section, the court may consider the conduct with which the defendant was originally charged as evidence of recent behavior, regardless of any time spent in custody.
Alaska Stat. § 47.05.012 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.012
Material incorporated by reference.
Status: in_force

Under AS 44.62.245 (a)(2), in adopting or amending a regulation that incorporates a document or other material by reference, the department may incorporate future amended versions of the document or other material if the document or other material is one of the following: (1) a document that is published, compiled, or prepared by the United States Department of Health and Human Services and is included in the following list: (A) the international classification of diseases, clinical modifications;

(B) the common procedure coding system;

(C) the specifications for national uniform billing data elements;

(D) the federal poverty guidelines for the state;

(E) the Indian Health Service encounter rates; or

(F) the relative value units used in the Medicare program for determination of fee schedules;

(2) the current procedural terminology for physicians published by the American Medical Association;

(3) the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association;

(4) the length of stay in hospitals by diagnosis and operation for the western region of the United States, published by Solucient;

(5) the relative value guide published by the American Society of Anesthesiologists;

(6) the consumer price index published by the United States Department of Labor;

(7) the health plan employer data and information set published by the National Committee for Quality Assurance;

(8) practice standards adopted by the American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Diabetes Association, American Cancer Society, American Academy of Family Physicians, American College of Physicians, United States Centers for Disease Control and Prevention, Agency for Healthcare Research and Quality, or the National Asthma Education and Prevention Program;

(9) the compendium of animal rabies prevention and control published by the United States Centers for Disease Control and Prevention;

(10) the control of communicable diseases manual published by the American Public Health Association;

(11) the standards manual and interpretative guidelines for behavioral health, employment and community support services, and for medical rehabilitation published by the Commission on Accreditation of Rehabilitative Facilities;

(12) consumer assessment of health plans published by the Agency for Health Care Policy and Research;

(13) resources for optimal care of the injured patient published by the Committee on Trauma, American College of Surgeons;

(14) a document related to a resuscitation protocol that is published, compiled, or prepared based on the recommendations from the International Liaison Committee on Resuscitation;

(15) the preferred drug list adopted by the department under AS 47.07.065 (b); or

(16) a prior authorization medications list under a state program permitted under 42 U.S.C. 1396r-8 (Title XIX, Social Security Act).
Alaska Stat. § 47.25.595 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.595
Transfer of funds.
Status: in_force

The department may enter into contracts or arrangements with any federal agency, department, or official under which funds made available to the federal agency, department, or official may be transferred to the department and spent in accordance with AS 47.25.430  47.25.615.
Alaska Stat. § 47.30.390 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.390
Acquisition of existing mental health care facilities.
Status: in_force

The department may acquire existing facilities for mental health care.
Alaska Stat. § 47.10.014 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.014
Neglect.
Status: in_force

For purposes of this chapter, the court may find neglect of a child if the parent, guardian, or custodian fails to provide the child with adequate food, clothing, shelter, education, medical attention, or other care and control necessary for the child's physical and mental health and development, though financially able to do so or offered financial or other reasonable means to do so.
Alaska Stat. § 47.25.980 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.980
Duties of department.
Status: in_force

(a) [See delayed amendment note.] The department shall (1) adopt regulations necessary to carry out the food stamp program;

(2) cooperate with the federal government and do all things necessary to continue state eligibility under the food stamp program;

(3) comply with the requirements of 7 U.S.C. 2011  2036 (Food Stamp Program);

(4) establish an electronic application for the food stamp program and allow an applicant to submit an application in electronic format or in other formats required by state and federal law; the electronic application must inform an applicant that a false statement made on the application will be investigated and is punishable under AS 11.56.210 ; in this paragraph, electronic application means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website.

(b) The department may designate and change areas in the state in which the food stamp program shall be carried out.
Alaska Stat. § 47.12.260 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.260
Releasing minors after commitment.
Status: in_force

A minor found to be a juvenile delinquent who by conduct gives sufficient evidence of having reformed may be released at any time under the conditions and regulations that the department considers proper, if it appears to the satisfaction of the department that there is a reasonable probability that the minor will remain at liberty without violating the law.
Alaska Stat. § 47.17.069 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.069
Protective injunctions.
Status: in_force

(a) A court may enjoin or limit a person from contact with a child if the attorney general establishes by a preponderance of the evidence that the person (1) has sexually abused a child;

(2) has physically abused a child; or

(3) has engaged in conduct that constitutes a clear and present danger to the mental, emotional, or physical welfare of a child.

(b) This section does not limit the authority of the attorney general or the court to act to protect a child.
Alaska Stat. § 47.45.010 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.010
Persons who may qualify for longevity bonus.
Status: reserved

(a) A person who is 65 years of age or over who resides in the state for at least one year immediately preceding application for a longevity bonus under AS 47.45.010  47.45.160 may apply to the commissioner of administration no later than December 31, 1996, for qualification to receive a monthly bonus of (1) $250, if the person's application was submitted before January 1, 1994;

(2) $200, if the person's application was submitted on or after January 1, 1994, but before January 1, 1995;

(3) $150, if the person's application was submitted on or after January 1, 1995, but before January 1, 1996; or

(4) $100, if the person's application was submitted on or after January 1, 1996, but before January 1, 1997.

(b) When the commissioner of health determines that an applicant qualifies under AS 47.45.010  47.45.160 the commissioner shall immediately begin payment of the bonus.

(c) A person who otherwise qualifies to receive a bonus provided for in AS 47.45.010  47.45.160 may continue to do so only as long as that person continues to be a resident of the state.

(d) [Repealed, § 62 ch 21 SLA 1991.]
Alaska Stat. § 47.30.480 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.480
Judicial notice.
Status: in_force

The superior courts of this state may take judicial notice of the fact that an alcoholic is suffering from an illness and is in need of proper medical, advisory, or rehabilitative treatment.
Alaska Stat. § 47.07.025 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.025
Assignment of medical support rights.
Status: in_force

(a) An applicant for or recipient of assistance under this chapter is considered to have assigned to the state, through the department and the child support services agency, all rights to accrued and continuing medical support that the applicant and other persons for whom assistance is sought may have from all sources. The assignment takes effect upon a determination that the applicant is eligible for assistance under this chapter. Except with respect to the amount of any unpaid medical support obligation accrued under the assignment, the assignment under this section terminates when the applicant ceases to receive assistance under this chapter.

(b) Through the child support services agency or on its own behalf, the department may garnish the wages, salary, or other employment income of a person who (1) is required by a medical support order, cash medical support order, or both, under AS 25.27.060 (c) to provide insurance or cash coverage of the costs of medical care to a child who is eligible for medical assistance under this chapter;

(2) has received payment from a third party for the costs of the services; and

(3) has not used the payments to reimburse, as appropriate, the other parent or custodian of the child, the provider of the services, or the department.

(c) Garnishment under (b) of this section is limited to the amount necessary to reimburse the department for expenditures for the child under this chapter. Claims for current support or support arrearages take priority over claims under this section.
Alaska Stat. § 47.25.580 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.580
Action against person liable for care of recipient.
Status: in_force

If during the continuance of assistance the department finds that a person liable for the support of the recipient of assistance is able to provide the necessary care and support of the recipient and the person liable for the care and support of the recipient fails or refuses to support and care for the recipient, then the state has a cause of action for the assistance against the person liable for it. The action may be brought in the name of the state by the attorney general against the person liable for the recovery of the amount of money, with interest, paid to the recipient, together with the costs and disbursements of the action. The amount collected shall be paid to the Department of Revenue.
Alaska Stat. § 47.65.030 — AK Code / Title 47 / Chapter 47.65 / Section 47.65.030
Pilot project grants.
Status: in_force

(a) The balance of the amount appropriated for older Alaskans service programs under AS 47.65.010  47.65.050 not allocated under AS 47.65.020 shall be allocated annually by the department as grants to support pilot projects for the benefit of older Alaskans under this section.

(b) The department shall adopt standards for pilot project grants and, after adoption of the standards as regulations, in accordance with AS 44.62 (Administrative Procedure Act), shall apply the standards to determine eligibility of applicants for pilot project grants. In awarding pilot project grants, the department shall (1) enter into agreements with the project sponsor to operate one or more of the selected pilot projects consistent with the standards adopted;

(2) monitor and evaluate, in a written report, each pilot project; the report must include (A) a description of the project and of the persons served by it;

(B) the problems presented by the persons served by the project;

(C) a description of the problems most effectively handled by the project; and

(D) an estimate of projected cost of operation of the project for the next three succeeding years.
Alaska Stat. § 47.10.360 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.360
Municipal powers.
Status: in_force

Authority to establish and operate a licensed program for runaway minors is granted to municipalities that do not otherwise have that authority.
Alaska Stat. § 47.05.220 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.220
Notice of charges.
Status: in_force

Upon the filing of a complaint, information, presentment, or indictment charging a medical assistance provider with a crime under AS 47.05.210 , the attorney general shall, in writing, notify the commissioner of the filing. Upon receiving notice from the attorney general under this section, the commissioner shall immediately undertake a review of all unpaid claims or requests for reimbursements attributable to services claimed to have been provided by the person charged.
Alaska Stat. § 47.14.205 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.205
State Citizen Review Panel.
Status: in_force

(a) There is established within the department a Citizen Review Panel. The panel shall be composed of volunteer members who are broadly representative of the state, including members who have expertise in the prevention and treatment of child abuse and neglect.

(b) The panel shall meet not less than once every three months. Meetings may take place telephonically.
Alaska Stat. § 47.30.850 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.850
Sealing records.
Status: in_force

Following the discharge of a person from a treatment facility or the issuance of a court order denying a petition for commitment, the person may at any time move to have all court records pertaining to the proceedings sealed on condition that the person file a full release of all claims of whatever nature arising out of the proceedings and the statements and actions of persons and facilities in connection with the proceedings. Upon the filing of the motion and full release, the court shall order the court records sealed.
Alaska Stat. § 47.70.070 — AK Code / Title 47 / Chapter 47.70 / Section 47.70.070
Violations of compact.
Status: in_force

A person who sends, brings, or causes to be sent or brought into this state from any party state, or from this state into any party state, a person under the age of 19, in violation of the Interstate Compact on the Placement of Children, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $200.
Alaska Stat. § 47.55.010 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.010
Maintenance and operation of Alaska Pioneers' Home and Alaska Veterans' Home.
Status: in_force

(a) Except as otherwise provided in this subsection, the state shall maintain and operate facilities known as the Alaska Pioneers' Home at Sitka, Anchorage, Fairbanks, Juneau, Ketchikan, Palmer, and other sites designated by the commissioner of family and community services. The state may maintain and operate one or more facilities known as the Alaska Veterans' Home at sites designated by the commissioner of family and community services. The only Pioneers' Home that may be maintained and operated as a Veterans' Home is the Pioneer's Home located in Palmer, Alaska. The Alaska Pioneers' Home and the Alaska Veterans' Home shall be collectively administered by the Department of Family and Community Services as the Alaska Pioneers' Home and Alaska Veterans' Home.

(b) The department shall formulate general policies for the homes designated under (a) of this section. It may hold hearings and subpoena witnesses and documents and may administer oaths in connection with the homes.

(c) The department shall (1) cooperate with the federal government in matters pertaining to the welfare of Alaska pioneers and of veterans who reside in the homes operated under this chapter, make the reports in the form and containing the information the federal government from time to time desires, and accept money and prescription drug benefits allotted by the federal government, its agencies, or its instrumentalities in establishing, extending, and strengthening services for pioneers and veterans who reside in a home operated under this chapter;

(2) adopt regulations necessary to conduct business and to carry out the provisions of this chapter, require bonds and undertakings from persons employed by a home as in its judgment are necessary, and pay the premiums on them, and establish regional and local offices and the advisory groups that are necessary or considered expedient to carry out or assist in carrying out a duty or authority assigned to it;

(3) perform all executive or administrative duties necessary and advisable to carry out the purpose of this chapter, including the power to make contracts and to make disbursements on vouchers against appropriations for the purpose of this chapter, within the limit of appropriations available;

(4) study the needs of pioneers and veterans of this state who reside in the homes operated under this chapter and submit recommendations for new regulations and proposed legislation.

(d) The department may employ the necessary subordinate officers and employees, and shall prescribe methods for operation of the homes, standards of care and service to home residents, and rules governing personnel. The methods for operation and standards of care and services to residents prescribed under this subsection shall be the same as the methods for operation and standards of care established by the department for an assisted living home licensed under AS 47.32 .

(e) The department may engage in activities directed to increase revenue from a home. These activities may include the use of excess bed or floor space, up to 50 percent of the total floor space in a home, or lease of space or buildings that are not in use or are underutilized.

(f) The department shall conduct, at least annually, an unannounced inspection of each site of the Alaska Pioneers' Home and the Alaska Veterans' Home to determine compliance of the facilities with all applicable laws and regulations.
Alaska Stat. § 47.30.350 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.350
Department powers and duties; ratification of authority's actions.
Status: in_force

(a) The department shall (1) develop and submit to the Surgeon General of the United States Public Health Service a comprehensive program for the constructing and equipping of hospitals and other facilities for the examination, observation, care, and treatment of the mentally ill;

(2) develop and submit to the Surgeon General plans and specifications for the constructing and equipping of the hospitals and other facilities;

(3) construct and equip the hospitals and other facilities in accordance with the program, plans, and specifications approved by the Surgeon General; construction and equipping under this paragraph is governed by AS 36.30 (State Procurement Code);

(4) cooperate, coordinate, and contract, wherever indicated and desirable, with other state boards, departments and agencies, and agencies of the United States in the construction program, and hire necessary personnel and enter into contracts with private individuals and companies, to the end that the hospitals and other facilities are constructed in the most economical and expeditious manner; contracting and construction under this section are governed by AS 36.30 (State Procurement Code).

(b) An action, agreement, or transaction taken or entered before April 3, 1957, by the Mental Health Authority consistent with AS 47.30.350  47.30.400 is affirmed and ratified.
Alaska Stat. § 47.07.039 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.039
Coordinated care demonstration projects.
Status: in_force

(a) The department shall contract with one or more third parties to implement one or more coordinated care demonstration projects for recipients of medical assistance identified by the department. The purpose of a demonstration project under this section is to assess the efficacy of a proposed health care delivery model with respect to cost for, access to, and quality of care for medical assistance recipients. The department may contract for separate demonstration projects to coordinate care for different groups of medical assistance recipients to achieve more effective care for recipients at greater cost savings for the medical assistance program. The department shall request proposals for at least one project under this section on or before December 31, 2016, and may annually request proposals for additional projects under this section thereafter. The department may use an innovative procurement process as described under AS 36.30.308 to award a contract for a project under this section. A proposal for a demonstration project under this section must be submitted to the committee established under (b) of this section and must include three or more of the following elements: (1) comprehensive primary-care-based management for medical assistance services, including behavioral health services and coordination of long-term services and support;

(2) care coordination, including the assignment of a primary care provider located in the local geographic area of the recipient, to the extent practical;

(3) health promotion;

(4) comprehensive transitional care and follow-up care after inpatient treatment;

(5) referral to community and social support services, including career and education training services available through the Department of Labor and Workforce Development under AS 23.15 , the University of Alaska, or other sources;

(6) sustainability and the ability to achieve similar results in other regions of the state;

(7) integration and coordination of benefits, services, and utilization management;

(8) local accountability for health and resource allocation;

(9) an innovative payment process, including bundled payments or global payments.

(b) A project review committee is established in the department for the purpose of reviewing proposals for demonstration projects under this section. The project review committee consists of (1) the commissioner of the department, or the commissioner's designee;

(2) the commissioner of administration, or the commissioner's designee;

(3) the chief executive officer of the Alaska Mental Health Trust Authority, or the chief executive officer's designee, who shall serve as chair of the committee;

(4) two representatives of stakeholder groups, appointed by the governor for staggered three-year terms, as follows: (A) one representative of a stakeholder group who has direct experience with health plan management and cost control for the medical assistance population;

(B) one representative of a stakeholder group who has direct experience with health plan management and cost control for a nongovernment employer of 500 or more employees in the state;

(5) a nonvoting member who is a member of the senate, appointed by the president of the senate; and

(6) a nonvoting member who is a member of the house of representatives, appointed by the speaker of the house of representatives.

(c) The department may contract with a managed care organization, primary care case manager, accountable care organization, prepaid ambulatory health plan, or provider-led entity to implement a demonstration project under this section. The fee structure for a contract under this subsection may include global payments, bundled payments, capitated payments, shared savings and risk, or other payment structures. The department shall work with the division of insurance, Department of Commerce, Community, and Economic Development, to streamline the application process for a company to obtain a certificate of authority required under AS 21.09.010 as necessary to participate in a demonstration project under this section.

(d) A proposal for a demonstration project under this section must include, in addition to the elements required under (a) of this section, information demonstrating how the project will implement additional cost-saving measures, including innovations to reduce the cost of care for medical assistance recipients through the expanded use of telehealth for primary care, urgent care, and behavioral health services. The department shall identify legal or cost barriers preventing the expanded use of telehealth and shall recommend remedies for identified barriers.

(e) The department shall contract with a third-party actuary to review demonstration projects established under this section. The actuary shall review each demonstration project after two years of implementation and make recommendations for the implementation of a similar project on a statewide basis. The actuary shall evaluate each project based on cost savings for the medical assistance program, health outcomes for participants in the project, and the ability to achieve similar results on a statewide basis. On or before December 31 of each year, starting in 2018, the actuary shall submit a final report to the department regarding any demonstration project that has been in operation for at least two years.

(f) The department shall prepare a plan regarding regional or statewide implementation of a coordinated care project based on the results of the demonstration projects under this section. On or before November 15, 2019, the department shall submit the plan to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the plan is available. On or before November 15 of each year thereafter, the department shall submit a report regarding any changes or recommendations regarding the plan developed under this subsection to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.

(g) In this section, telehealth has the meaning given in AS 47.05.270 (e).
Alaska Stat. § 47.24.070 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.070
Required review of proposed regulations.
Status: in_force

Before adoption by the department, regulations to implement this chapter shall be provided to the Alaska Commission on Aging established under AS 44.29.750 for review.
Alaska Stat. § 47.12.110 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.110
Hearings.
Status: reserved

(a) The court shall conduct a hearing on the petition. The court shall give notice of the hearing to the department, and the department shall send a representative to the hearing. The representative of the department may also be heard at the hearing. The department shall give notice of the hearing and a copy of the petition to the minor's foster parent, and the court shall give the foster parent an opportunity to be heard at the hearing. The public shall be excluded from the hearing, but the court, in its discretion, may permit individuals to attend a hearing if their attendance is compatible with the best interests of the minor. Nothing in this section may be applied in such a way as to deny a minor's rights to confront adverse witnesses, to a public trial, and to a trial by jury.

(b) Notwithstanding (a) of this section or an order prohibiting or limiting the public made under (e) of this section, the victim of an offense that a minor is alleged to have committed, or the designee of the victim, has a right to be present at all hearings or proceedings held under this section at which the minor has a right to be present. If the minor is found to have committed the offense, the victim may at the disposition hearing give sworn testimony or make an unsworn oral presentation concerning the offense and its effect on the victim. If there are numerous victims of a minor's offense, the court may limit the number of victims who may give sworn testimony or make an unsworn oral presentation, but the court may not limit the right of a victim to attend a hearing even if the victim is likely to be a witness in a hearing concerning the minor's alleged offense.

(c) [Repealed, § 54 ch 107 SLA 1998.] (d) Notwithstanding (a) of this section, a court hearing on a petition seeking the adjudication of a minor as a delinquent shall be open to the public, except as prohibited or limited by order of the court, if (1) the department files with the court a motion asking the court to open the hearing to the public, and the petition seeking adjudication of the minor as a delinquent is based on (A) the minor's alleged commission of an offense, and the minor has knowingly failed to comply with all the terms and conditions required of the minor by the department or imposed on the minor in a court order entered under AS 47.12.040 (a)(2) or 47.12.120;

(B) the minor's alleged commission of (i) a crime against a person that is punishable as a felony;

(ii) a crime in which the minor employed a deadly weapon, as that term is defined in AS 11.81.900 (b), in committing the crime;

(iii) arson under AS 11.46.400  11.46.410;

(iv) burglary under AS 11.46.300 ;

(v) distribution of child sexual abuse material under AS 11.61.125 ;

(vi) sex trafficking in the first degree under AS 11.66.110 ; or

(vii) misconduct involving a controlled substance under AS 11.71 involving the delivery of a controlled substance or the possession of a controlled substance with intent to deliver, other than an offense under AS 11.71.040 or 11.71.050; or

(C) the minor's alleged commission of a felony and the minor was 16 years of age or older at the time of commission of the offense when the minor has previously been convicted or adjudicated a delinquent minor based on the minor's commission of an offense that is a felony; or

(2) the minor agrees to a public hearing on the petition seeking adjudication of the minor as a delinquent.

(e) Notwithstanding (a) of this section, a court proceeding shall be open to the public, except as prohibited or limited by order of the court, when the district attorney has elected to seek imposition of a dual sentence and a petition has been filed under AS 47.12.065 , or when a minor agrees as part of a plea agreement to be subject to dual sentencing.

(f) During jury selection or as part of an opening statement at the hearing, the attorney representing the department may introduce the victim to the jury, and the attorney for the minor may introduce the minor to the jury.
Alaska Stat. § 47.60.050 — AK Code / Title 47 / Chapter 47.60 / Section 47.60.050
Acceptance and use of assistance, cooperation, and contributions.
Status: in_force

A nonprofit corporation may accept and use the assistance, cooperation, and contributions of private persons, charitable organizations, and public agencies for the purpose of establishing and operating a multipurpose senior center.
Alaska Stat. § 47.05.015 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.015
Contracts.
Status: in_force

(a) The department may contract with a person or local government for the delivery of services to be provided by the department under AS 47.05.010 if the commissioner determines the service will be provided at less cost to the state or will be provided in a more effective manner.

(b) Services that may be provided by contract under this section include accepting applications for assistance, conducting interviews, making eligibility determinations, and issuing benefits, but do not include adoption of program standards or other matters involving the exercise of agency discretion.

(c) A contract authorized under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). In awarding a contract under this section the department shall request proposals in accordance with regulations of the Department of Administration under AS 36.30 (State Procurement Code).

(d) This section does not limit the authority provided by law for the department to contract for the delivery of services other than those provided under AS 47.05.010 .
Alaska Stat. § 47.90.030 — AK Code / Title 47 / Chapter 47.90 / Section 47.90.030
Employment of displaced homemakers.
Status: in_force

The staff positions of multipurpose centers established under AS 47.90.010 , including supervisory, technical, and administrative positions, shall to the maximum extent possible be filled by displaced homemakers.
Alaska Stat. § 47.31.100 — AK Code / Title 47 / Chapter 47.31 / Section 47.31.100
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) commissioner means the commissioner of family and community services;

(2) department means the Department of Family and Community Services

(3) designated treatment facility has the meaning given in AS 47.30.915 ;

(4) evaluation facility means a health care facility that has been designated by the department to perform the evaluations described in AS 47.30.670  47.30.915, including a facility licensed under AS 47.32 or operated by the federal government;

(5) gross monthly household income means all earned or unearned income from any source of a member of the patient's household;

(6) household means a patient and each person (A) residing with the patient; and

(B) related to the patient by marriage or other legal relationship giving rise to a duty of support and maintenance;

(7) mental illness has the meaning given in AS 47.30.915 .
Alaska Stat. § 47.05.330 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.330
Identification of civil history databases for a civil history check; confidentiality.
Status: in_force

(a) The Department of Health and the Department of Family and Community Services shall by regulation identify each database that department will review when conducting a civil history check under AS 47.05.325 to identify each individual (1) whom a court or the applicable department has found (A) to have committed abuse, neglect, undue influence, or exploitation of a vulnerable adult;

(B) under AS 47.32 or regulations adopted under AS 47.32 , to have significantly adversely affected the health, safety, or welfare of an individual who is receiving a service from an entity licensed under AS 47.32 ; a finding described in this subparagraph includes a decision to revoke, suspend, or deny a license or license renewal, or the relinquishment of a license as part of a settlement agreement;

(2) who has been subject to criminal or civil penalties for a violation of AS 09.58 , AS 47.05 , AS 47.06 , AS 47.07 , AS 47.08 , or regulations adopted under AS 09.58 , AS 47.05 , AS 47.06 , AS 47.07 , or AS 47.08 ;

(3) about whom the applicable department or a court has made a substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14 ;

(4) who was a biological or adoptive parent, guardian, custodian, or Indian custodian of a child at the time the child was the subject of a child-in-need-of-aid petition under AS 47.10 ;

(5) who, in the course of employment with the state, has been terminated from employment or has had an allegation of assaultive, abusive, neglectful, or exploitive behavior or actions substantiated;

(6) who, in this state or another jurisdiction, for reasons related to abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent with standards for the protection of public health, safety, or welfare, has had a professional license, certification, or similar professional designation revoked, suspended, or denied, or has had a request for renewal of a professional license, certification, or similar professional designation denied;

(7) whom another state or jurisdiction has identified on a civil registry or database substantially similar to the databases identified under this section for reasons substantially similar to the reasons identified in (1)  (6) of this subsection.

(b) The information gathered under this section is not a public record under AS 40.25.110 and is not subject to public inspection or copying under AS 40.25.110  40.25.125. However, information gathered under this section may be released to an entity, an individual who is included in a database, a governmental agency, and a political subdivision of the state in a manner provided under this section and regulations adopted under this chapter.
Alaska Stat. § 47.07.063 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.063
Payment for certain services furnished or paid for by a school district.
Status: in_force

(a) The department may pay medical assistance under this chapter to a school district on behalf of an eligible child, including a child with a disability, for rehabilitative and other mandatory and optional services covered under this chapter that are furnished or paid for by the school district if (1) the school district and the department have entered into an agreement requiring the school district to reimburse the department for any state financial share required by the federal government;

(2) the rehabilitative and other mandatory and optional services are otherwise eligible for reimbursement under this chapter;

(3) the child (A) is eligible for medical assistance under this chapter for the services; and

(B) complies with all applicable provisions of this chapter for that assistance;

(4) the school district fully complies with billing, auditing, and reporting required under the approved state plan described in AS 47.07.040 ;

(5) reimbursement of payment for the rehabilitative and other mandatory and optional services under this section does not exceed reimbursement allowable for the services under this chapter; and

(6) all other requirements of federal and state law are met.

(b) Notwithstanding any contrary provision of state law, the school district shall allow the department access to medical, financial, and other records of the child that are in the possession of the school district in order to verify eligibility for services under this chapter. The department shall keep information received under this subsection confidential to the same extent as the school district is required to keep the information confidential under law.

(c) The department may adopt regulations to carry out this section.

(d) In this section, unless the context otherwise requires, (1) child with a disability has the meaning given in AS 14.30.350 ;

(2) rehabilitative services has the meaning given in 42 C.F.R. 440.130;

(3) school district has the meaning given the term district in AS 14.17.990 , but includes a state boarding school established under AS 14.16.010 .
Alaska Stat. § 47.27.080 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.080
Appeals; dispute resolution.
Status: in_force

(a) An applicant or participant who receives a determination from the department that denies, limits, or modifies the cash assistance, diversion payment, or self-sufficiency services provided under this chapter may request a hearing before the office of administrative hearings ( AS 44.64.010 ). The office of administrative hearings ( AS 44.64.010 ) shall conduct the hearing under the regulations adopted by the department. The appeal is not subject to AS 44.62.330  44.62.630.

(b) The department may require an applicant or participant to participate in an informal dispute resolution process before a formal hearing. The department may adopt regulations establishing the informal dispute resolution process.
Alaska Stat. § 47.25.300 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.300
Definitions.
Status: in_force

In AS 47.25.120  47.25.300, (1) assistance means financial assistance to or on behalf of a needy person, including subsistence (food, shelter, fuel, clothing, and utilities) and transportation, medical needs (including, but not limited to, hospitalization, nursing, and convalescent care), burial, and other determined needs;

(2) department means the Department of Health;

(3) needy person means a needy resident of the state who is not eligible for aid from another public agency or department providing similar services in the state;

(4) public medical institution means a public hospital or medical institution, except an institution for the treatment of tuberculosis or mental disease.
Alaska Stat. § 47.30.771 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.771
Additional two-year commitment.
Status: in_force

(a) The respondent shall be released from involuntary treatment at the expiration of 180 days unless the professional person in charge or the attorney general's office files an additional 180-day petition or a petition for a commitment of up to two years conforming to the requirements of AS 47.30.740 (a) except that all references to 30-day commitment shall be read as the previous 180-day commitment and all references to 90-day commitment shall be read as two-year commitment.

(b) The procedures for service of the petition, notification of rights, and judicial hearing shall be as set out in AS 47.30.740  47.30.750. Following a 180-day commitment of a respondent, the court may order the respondent committed for an additional treatment period not to exceed two years from the date on which the 180-day treatment period would have expired if the court or jury finds by clear and convincing evidence that (1) the respondent is mentally ill and as a result is likely to cause serious harm to self or others;

(2) the respondent has a criminal history that includes a felony offense against a person under AS 11.41 or felony arson, including an offense for which the respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110;

(3) the respondent has been found incompetent to stand trial under AS 12.47.100 and 12.47.110 for a felony offense against a person under AS 11.41 or felony arson and that finding of incompetence led directly to the respondent's current period of commitment; and

(4) the period of commitment of the respondent, including a period of commitment for more than 180 days but not more than two years, is necessary to protect the public.

(c) Findings of fact relating to the respondent's behavior made at a 30-day commitment hearing under AS 47.30.735 , a 90-day commitment hearing under AS 47.30.750 , a 180-day commitment hearing under AS 47.30.770 , or a two-year commitment hearing under this section shall be admitted as evidence and may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the findings.

(d) Successive commitments are permissible on the same ground and under the same procedures as the original commitment. An order of commitment may not exceed two years.

(e) The department shall, by January 30 of each year, submit to the attorney general, public defender, public advocate, Alaska Court System, and the attorney of record for the respondent, if any, a report that details how many respondents are committed under this section and how much time remains on each order of commitment.
Alaska Stat. § 47.07.074 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.074
Audits and inspections.
Status: in_force

(a) As a condition of obtaining payment under AS 47.07.070 , a health facility shall allow (1) the department reasonable access to the records of medical assistance recipients and providers; and

(2) audit and inspection of the records by state and federal agencies.

(b) The department may establish the scope and timing of audits under this chapter. The department may provide that audits will be conducted less frequently than annually.
Alaska Stat. § 47.70.050 — AK Code / Title 47 / Chapter 47.70 / Section 47.70.050
Delegation by agreement.
Status: in_force

Requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under AS 47.14.110 shall be considered to be met if performed under an agreement entered into by appropriate officers or agencies of this state or a subdivision of this state as contemplated by art. V(b) of the Interstate Compact on the Placement of Children.
Alaska Stat. § 47.05.073 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.073
Judgment, award, or settlement of a medical assistance lien.
Status: in_force

(a) A medical assistance recipient may not maintain any rights to payment for medical costs as a result of a judgment, award, or settlement of an action or claim for which another person may be legally obligated to pay without first making repayment to the department for costs of past medical assistance services provided to or paid for on behalf of the medical assistance recipient that relate to that action or claim.

(b) A medical assistance recipient may not place any payment as a result of a judgment, award, or settlement of an action or claim for which another person was legally obligated to pay because of injury or illness into any trust for the purpose of maintaining public assistance or medical assistance eligibility without first making repayment to the department for costs of past medical assistance services provided to the medical assistance recipient related to that action or claim.

(c) The attorney general may only discharge a medical assistance lien under AS 47.05.075 if the discharge complies with federal law.

(d) Notwithstanding (a)  (c) of this section, a third-party payor shall have no further liability if it settles or compromises a dispute in good faith and without knowledge that the individual is a recipient of medical assistance.
Alaska Stat. § 47.07.070 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.070
Payment rates for health facilities.
Status: in_force

(a) The department shall, by regulation, set rates of payment for health facilities under this chapter and AS 47.25.120  47.25.300 in accordance with 42 U.S.C. 1396 (Title XIX, Social Security Act, Medical Assistance) and this section. A rate established under this section takes effect under AS 44.62 (Administrative Procedure Act) but not until approved in writing by the commissioner. The commissioner may delegate the performance of these functions.

(b) In determining the rates of payment for health facilities for a fiscal year, the department shall, within the limit of appropriations made by the legislature for the department's programs under this chapter and under AS 47.25.120  47.25.300 for that fiscal year, including anticipated available federal revenue for that fiscal year, set rates for facilities that are based on (1) reasonable costs related to patient care; and

(2) audit and inspection results and reports, when the audit or inspection is conducted under AS 47.07.074 .

(c) This section does not apply to the minimum daily reimbursement rate specified by law under AS 47.24.017 or AS 47.25.195 (e) for assisted living homes.
Alaska Stat. § 47.24.011 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.011
Duties of the department regarding services and protection for vulnerable adults.
Status: in_force

In order to facilitate the provision of supportive and protective services for vulnerable adults, the department shall (1) compile information on available supportive and protective services for vulnerable adults in the state;

(2) establish, publicize, and maintain a vulnerable adult centralized intake office;

(3) develop and coordinate a statewide system to serve vulnerable adults who are in need of protective services;

(4) establish criteria and procedures for the authorization and supervision of other state agencies or community-based service providers to serve as designees of the department under this chapter;

(5) in accordance with this chapter, designate other state agencies or community-based service providers to deliver supportive and protective services to vulnerable adults who are in need of protective services;

(6) develop within the vulnerable adult centralized intake office a central registry for reports of vulnerable adults in need of protective services;

(7) maintain confidentiality of records as provided for in AS 47.24.050 ; and

(8) adopt regulations to carry out the purposes of this chapter.
Alaska Stat. § 47.32.180 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.180
Confidentiality; release of certain information.
Status: in_force

(a) Except as otherwise provided by law, the following are confidential and may not be disclosed to the public without a court order: complaints; investigations; inspections; records related to a complaint, investigation, or inspection; and the identity of a complainant and of individuals receiving services from an entity.

(b) With the exception of information that identifies a complainant or a recipient of services from an entity, a copy of a department's report of investigation or inspection under AS 47.32.120 , an entity's written response to the report, and information regarding a department's imposition of an enforcement action under AS 47.32.130 or 47.32.140 are public records under AS 40.25.100  40.25.295. The departments shall make this information available to the public for inspection and copying within time frames specified in AS 40.25.100  40.25.295 or regulations adopted under AS 40.25.100  40.25.295 after the (1) entity receives its copy of the report of investigation under AS 47.32.120 , if the applicable department has determined that an enforcement action under AS 47.32.130 or 47.32.140 will not be taken regarding the entity;

(2) applicable department's notice of enforcement action under AS 47.32.130 or 47.32.140 becomes a final administrative order without a hearing under AS 47.32.130 (c) or 47.32.140(i); or

(3) issuance of a decision following a hearing under AS 47.32.150 .

(c) Notwithstanding any other provision of law, a department conducting a licensing investigation under this chapter may, upon request, share information obtained during the investigation with a law enforcement agency that is investigating a crime that is the subject of the licensing investigation.
Alaska Stat. § 47.18.310 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.310
Program design.
Status: in_force

The department, in coordination with local public and private agencies, shall design the program as a continuation of the training efforts related to independent living skills that were initiated when the state foster care recipients were identified as being likely to remain in state foster care until reaching the age of 18. The program design must require that program participants are directly involved in identifying the program activities that will prepare them for independent living.
Alaska Stat. § 47.24.015 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.015
Action on reports.
Status: in_force

(a) Upon the department's receipt of a report under AS 47.24.010 , the department, or its designee, shall promptly initiate an investigation to determine whether the vulnerable adult who is the subject of the report suffers from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect. The department, or its designee, shall conduct a face-to-face interview with the vulnerable adult unless that person is unconscious or the department, or its designee, has determined that a face-to-face interview could further endanger the vulnerable adult. In this subsection, face-to-face interview means an in-person interview or an interview conducted through the use of technology that allows participants who are physically separated from each other to interact visually and orally.

(b) After the department conducts an investigation under (a) of this section, the department shall prepare a written report of the investigation, including findings, recommendations, and a determination of whether and what kind of supportive or protective services are needed by and are to be offered to the vulnerable adult. After the department's designee conducts an investigation under (a) of this section, the designee shall prepare a written report of the investigation, including findings, recommendations, and a proposed determination of whether and what kind of supportive or protective services are to be offered to the vulnerable adult. The department shall prepare, and attach to the designee's report, a final determination regarding services to be offered to the vulnerable adult.

(c) The department or its designee shall immediately terminate an investigation under this section upon the request of the vulnerable adult who is the subject of the report made under AS 47.24.010 . However, the department or its designee may not terminate the investigation if the investigation to that point has resulted in probable cause to believe that the vulnerable adult is in need of protective services and the request is made personally by the vulnerable adult and the vulnerable adult is not competent to make the request on the adult's own behalf, or the request is made by the vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker and that person is the alleged perpetrator of the undue influence, abandonment, exploitation, abuse, or neglect of the vulnerable adult and is being investigated under this chapter. If the department has probable cause to believe that the vulnerable adult is in need of protective services, (1) the department may petition the court as set out in AS 47.24.019 ;

(2) the department or its designee may refer the report made to the department under AS 47.24.010 to a police officer for criminal investigation; or

(3) in cases involving fraud, the department or its designee may refer the report made to the department under AS 47.24.010 to the office of public advocacy for investigation; in this paragraph, fraud has the meaning given in AS 13.26.595 .

(d) Upon request, a person who made a report to the department under AS 47.24.010 regarding a vulnerable adult shall be notified of the status of the investigation conducted under (a) of this section regarding that vulnerable adult.

(e) A person may not bring an action for damages based on a decision under this section to offer or not to offer protective services to a vulnerable adult.

(f) A person may not bring an action for damages based on the provision of protective services under this section unless the action is based on gross negligence or intentional misconduct. The damages awarded in an action under this section may include only direct economic compensatory damages for personal injury.

(g) If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the department shall report the matter to the Board of Nursing.

(h) In conducting an investigation under this section, the department may issue subpoenas, conduct interviews, and examine any health care or financial records related to a vulnerable adult. The department may seek a court order to enforce a subpoena.

(i) A person may not interfere with the department in the performance of its investigation under this section, including interfering with the department's access to the vulnerable adult.

(j) Notwithstanding any other provision of law, the office of the department that handles adult protective services shall have access to any information compiled or retained by other divisions in the department, regardless of the nature of the information or whether the information is considered confidential, to assist in administering the provisions of this chapter.

(k) The department may audiotape or videotape an interview of a vulnerable adult if the adult has the capacity to consent and gives that consent. The department shall document the consent in its investigative file. The department may not audiotape or videotape an interview of a vulnerable adult who lacks the capacity to consent.

(l) The department shall provide for the training of investigators who investigate reports of harm under this section. Training must include instruction in federal, state, and local laws and policies of the department related to vulnerable adults, and in investigative techniques. The department may require other appropriate training.

(m) In this section, financial records includes financial records related to the vulnerable adult that are maintained by any person.
Alaska Stat. § 47.25.095 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.095
Definitions for child care assistance and child care grant programs.
Status: in_force

In AS 47.25.001  47.25.095, (1) child means a person below 13 years of age, or a minor who has a developmental disability;

(2) child care means the care, supervision, and guidance of a child or children unaccompanied by a parent or legal guardian on a regular basis for periods of less than 24 hours a day;

(3) child care facility means an establishment licensed as a child care facility under AS 47.32 that provides care for children not related by blood, marriage, or legal adoption to the owner, operator, or manager of the facility or an establishment recognized by the federal government for the care of children;

(4) department means the Department of Health;

(5) developmental disability means a disability under which a person is incapable of self-care, as verified by a physician or licensed or certified psychologist who has examined the person;

(6) electronic application means an application for benefits or renewal of benefits electronically completed and submitted through the department's Internet website.
Alaska Stat. § 47.33.060 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.060
House rules.
Status: in_force

(a) An assisted living home may establish house rules. The house rules must be consistent with 42 C.F.R. 441.301(c)(4) and subject to the limitations provided for under this chapter.

(b) An assisted living home shall give a copy of the house rules to a prospective resident or the prospective resident's representative before the prospective resident enters into a residential services contract with the home, and shall post the house rules in a conspicuous place in the home.

(c) House rules may address various issues, including (1) times and frequency of use of the telephone;

(2) hours for viewing and volume for listening to television, radio, and other electronic equipment that could disturb other residents;

(3) visitors;

(4) movement of residents in and out of the home;

(5) use of personal property;

(6) use of tobacco and alcohol; and

(7) physical, verbal, or other abuse of other residents or staff.

(d) An assisted living home may not adopt a house rule that unreasonably restricts a right of a resident provided for under this chapter or under any other provision of law. A provider of residential supported-living and habilitation services, as determined by the Department of Health in regulation, shall allow visitation consistent with 42 C.F.R. 441.301(c)(4)(vi)(D).
Alaska Stat. § 47.12.220 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.220
Appointment of guardian or custodian.
Status: in_force

When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor's person or property, the court may make the appointment. The court shall have a summons issued and served upon the parents of the minor, if they can be found, in a manner and within a time before the hearing that the court considers reasonable. The court may determine whether the father, mother, or the department shall have the custody and control of the minor. If the minor is of sufficient age and intelligence to state desires, the court shall consider them. The court may order either or both parents to pay support for the minor's care to the guardian, custodian, or department.
Alaska Stat. § 47.15.040 — AK Code / Title 47 / Chapter 47.15 / Section 47.15.040
Financial arrangements.
Status: in_force

The compact administrator, subject to the approval of the commissioner of administration, may make or arrange for the payments necessary to discharge the financial obligations imposed upon this state by the compact or by a supplementary agreement made under the compact.
Alaska Stat. § 47.33.330 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.330
Prohibitions.
Status: in_force

(a) An assisted living home, including staff of the home, may not (1) deprive a resident of the home of the rights, benefits, or privileges guaranteed to the resident by law;

(2) enter a resident's room without first obtaining permission, except (A) during regular, previously announced, fire, sanitation, or other licensing inspections;

(B) when a condition or situation presents an imminent danger;

(C) as required by the resident's assisted living plan to provide services specified in the residential services contract; or

(D) for other vital health or safety reasons;

(3) impose religious beliefs or practices upon a resident or require a resident to attend religious services;

(4) place a resident under physical restraint unless the resident's own actions present an imminent danger to the resident or others;

(5) place a resident under chemical restraint; this paragraph does not prevent a resident from voluntarily taking tranquilizers, or other medication, prescribed by a licensed physician;

(6) compel a resident to perform services for the home, except as contracted for by the resident and the home or as provided for in the resident's assisted living plan; or

(7) restrain, interfere with, coerce, discriminate against, or retaliate against a resident for asserting a right specified by this chapter or by other law.

(b) An assisted living home may not physically restrain a resident unless the home has a written physical restraint procedure that has been approved by the licensing agency. The home shall terminate the physical restraint as soon as the resident no longer presents an imminent danger.

(c) An owner, administrator, employee, or agent of an assisted living home may not act as a representative of a resident.
Alaska Stat. § 47.37.250 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.250
Effect of chapter on other laws.
Status: in_force

(a) Nothing in this chapter affects a statute, ordinance, or regulation relating to (1) drunken driving, driving under the influence of alcohol, or other similar offenses involving alcohol and the operation of a vehicle, aircraft, boat, machinery, or other equipment;

(2) the sale, purchase, dispensation, possession, or use of alcoholic beverages at specified times and places or by a particular class of persons, including prohibitions against drinking intoxicating beverages in specified public places; or

(3) being upon the traveled portion of a highway so as to be a hazard to the motoring public.

(b) Nothing in this chapter affects AS 11.81.630 , relating to the defense of voluntary intoxication.
Alaska Stat. § 47.37.160 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.160
Voluntary treatment of alcoholics.
Status: in_force

(a) An alcoholic may voluntarily apply for treatment directly to an approved public treatment facility.

(b) Subject to regulations adopted by the department, the administrator in charge of an approved public treatment facility may determine who shall be admitted for treatment. If a person is refused admission to an approved public treatment facility, the administrator shall, if possible, refer the person to another approved public treatment facility.

(c) When a patient receiving inpatient care leaves an approved public treatment facility, the patient shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator in charge of the treatment facility that the patient is an alcoholic who requires help, the administrator shall arrange for assistance in obtaining supportive services and residential facilities.
Alaska Stat. § 47.25.230 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.230
Persons liable for support and burial.
Status: in_force

Every needy person shall be supported while living and upon dying, shall be given a decent burial by the spouse, children, parents, grandparents, grandchildren, or siblings of the needy person, if they, or any of them, have the ability to do so, in the order named. Every designated person who fails to support the needy person when directed by the department to do so, or fails to give the needy person a decent burial shall reimburse the state or a municipality for the funds expended by either the state or a municipality for the relief or burial of the needy person, and these sums with interest and costs may be recovered by the state or a municipality of the state in a civil action.
Alaska Stat. § 47.55.095 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.095
Limitation on enforcement of claims against estate.
Status: in_force

Notwithstanding AS 47.55.080 and 47.55.090, upon the death of an Alaska Pioneers' Home or Alaska Veterans' Home resident or of a recipient of day care or respite services, a state claim for unpaid debt owed to the home may be satisfied only out of the decedent's estate. The state may not pursue a claim to the extent doing so would work undue hardship, as determined by the department by regulation, on the surviving spouse or dependent of the decedent. Family portraits and heirlooms of the type identified under AS 09.38.020 (a)(3), without regard to value, may not be taken by the state in satisfaction of a debt to the home.
Alaska Stat. § 47.37.010 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.010
Declaration of policy.
Status: in_force

It is the policy of the state to recognize, appreciate, and reinforce the example set by its citizens who lead, believe in, and support a life of sobriety. It is also the policy of the state that alcoholics and intoxicated persons should not be criminally prosecuted for their consumption of alcoholic beverages and that they should be afforded a continuum of treatment that can introduce them to, and help them learn, new life skills and social skills that would be useful to them in attaining and maintaining normal lives as productive members of society.
Alaska Stat. § 47.25.250 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.250
Temporary relief.
Status: in_force

When a needy person is not entitled to assistance under AS 47.25.120  47.25.300 and has no relatives in the state liable for support under AS 47.25.230 and 47.25.240, the needy person may receive temporary assistance in the form and amount which the department considers necessary. Temporary assistance for needs other than transportation and medical care may not exceed $120 per person per month.
Alaska Stat. § 47.30.523 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.523
Community mental health program policy and principles.
Status: in_force

(a) It is the policy of the state that (1) the community mental health program provide a comprehensive and integrated system of community-based facilities, supports, and mental health services, including child and adolescent screening and diagnosis, inpatient, outpatient, prevention, consultation, and education services;

(2) persons most in need of community mental health services receive appropriate services as provided under AS 44.25.290 ;

(3) the community mental health program be coordinated, to the maximum extent possible, with the programs established under AS 47.37 , AS 47.65 , AS 47.80 , and other programs affecting the well being of persons in need of mental health services.

(b) Community mental health program service delivery principles include the principles that persons (1) have ready and prompt access to necessary screening, diagnosis, and treatment;

(2) receiving community mental health services be informed of their rights, including their rights to confidentiality and to treatment with dignity;

(3) be provided community mental health services by staff and programs that reflect the culture, linguistic, and other social characteristics of their community and that incorporate multidisciplinary professional staff to meet client functional levels and diagnostic and treatment needs;

(4) in need of community mental health services, and their families, be encouraged to participate in formulating, delivering, and evaluating treatment and rehabilitation;

(5) in need of community mental health services be provided treatment and rehabilitation services designed to minimize institutionalization and maximize individual potential;

(6) be treated in the least restrictive alternative environment consistent with their treatment needs, enabling the person to live as normally as possible;

(7) be provided necessary treatment as close to the person's home as possible;

(8) be informed of and allowed to participate in planning their own treatment as much as possible.
Alaska Stat. § 47.15.025 — AK Code / Title 47 / Chapter 47.15 / Section 47.15.025
State council.
Status: in_force

The State Council for Interstate Adult and Juvenile Offender Supervision created in AS 33.36.140 shall serve as the state council under AS 47.15.010 .
Alaska Stat. § 47.40.021 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.021
Licensing and supervision.
Status: in_force

Facilities providing services that are purchased by the department under AS 47.40.011  47.40.091 shall, if required by the department, be licensed and supervised under AS 47.32 .
Alaska Stat. § 47.60.030 — AK Code / Title 47 / Chapter 47.60 / Section 47.60.030
Purposes of multipurpose senior centers.
Status: in_force

A multipurpose senior center is a facility where persons 60 years of age or older are provided with services and activities suited to their particular needs. The services and activities may include, but are not limited to, health examinations, legal assistance, recreation programs, general social activities, telephone reassurance programs, nutrition classes, meals at minimum cost, counseling, protective services, programs for shut-ins, and education programs.
Alaska Stat. § 47.17.024 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.024
Duties of practitioners of the healing arts.
Status: in_force

(a) A practitioner of the healing arts involved in the delivery or care of an infant who the practitioner determines has been adversely affected by, or is withdrawing from exposure to, a controlled substance or alcohol shall immediately notify the nearest office of the department of the infant's condition.

(b) In this section, (1) controlled substance has the meaning given in AS 11.71.900 , but does not include a substance lawfully taken under a prescription from a health care provider who is authorized to prescribe the substance;

(2) infant means a child who is less than 12 months of age.
Alaska Stat. § 47.25.615 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.615
Definitions.
Status: in_force

In AS 47.25.430  47.25.615, (1) aged means 65 or more years of age;

(2) assistance means money payments to or medical care on behalf of, or any type of remedial care recognized by the department on behalf of, needy aged, blind, or disabled persons who are 18 or more years of age and residents of the state;

(3) blind means having no vision or having vision that is so defective as to prevent the performance of ordinary activities for which eyesight is essential;

(4) department means the Department of Health;

(5) disabled means being unable to engage in substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months;

(6) public institution means a governmentally owned establishment that furnishes food, shelter, and some additional treatment or services to 16 or more persons;

(7) public medical institution means a public hospital or a public institution providing medical care, except an institution for the treatment of mental disease.
Alaska Stat. § 47.40.110 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.110
Licensing and supervision.
Status: in_force

A person providing services purchased by the Department of Health or the Department of Family and Community Services under AS 47.40.100  47.40.120 shall, if required to be licensed under AS 47.32 , be licensed and supervised in the same manner as foster homes or maternity homes, as applicable, under AS 47.32 .