reglab/housing_qa huggingface dataset:
AK Stat § 47.24.016 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.016. Surrogate decision makers for vulnerable adults.

(a) If the department determines under AS 47.24.015 that a vulnerable adult is in need of protective services, but the department cannot obtain the vulnerable adult's consent to receive the services because the vulnerable adult is unable to consent or lacks decision making capacity, and has no guardian, conservator, attorney-in-fact, trustee, or surrogate for health care decisions under AS 13.52.030 to serve as the vulnerable adult's surrogate decision maker, the department may select from the following list, in the order of priority listed, an individual who is willing to be the vulnerable adult's surrogate decision maker for the purpose of deciding whether to consent to the vulnerable adult's receipt of protective services: (1) the vulnerable adult's spouse, unless the vulnerable adult or the spouse have initiated divorce, dissolution, or legal separation proceedings; (2) an individual who lives with the vulnerable adult in a spousal relationship or as a domestic partner and who is 18 years of age or older; (3) a son or daughter of the vulnerable adult who is 18 years of age or older; (4) a parent of the vulnerable adult; (5) a brother or sister of the vulnerable adult who is 18 years of age or older; or (6) a close friend or relative of the vulnerable adult who is 18 years of age or older. (b) An individual from the list in (a) of this section may not be selected as a surrogate decision maker if (1) the department determines that individual does not possess decision making capacity; or (2) there are allegations that individual is a perpetrator of the undue influence, abandonment, exploitation, abuse, or neglect of the vulnerable adult. (c) If the department intends to select a surrogate decision maker from a priority level in the list in (a) of this section and there is more than one individual at that priority level who is willing to be the surrogate decision maker, those individuals (1) may select from amongst themselves, by majority vote, an individual to serve as the surrogate decision maker; or (2) as a group may serve as the surrogate decision maker and reach decisions by consensus. (d) The department may not continue to provide protective services to a vulnerable adult based on the consent of a surrogate decision maker serving under this section or AS 13.52.030 if the department determines that the vulnerable adult has become able to consent or has regained decision making capacity since the surrogate's consent was given. The department may continue protective services to a vulnerable adult who has become able to consent or has regained decision making capacity only if the vulnerable adult consents.
AK Stat § 47.24.017 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.017. Delivery of protective services for vulnerable adults.

(a) If the department determines under AS 47.24.015 that a vulnerable adult is in need of protective services and the vulnerable adult, the vulnerable adult's guardian, conservator, attorney-in-fact, trustee, a surrogate decision maker selected under AS 47.24.016, or a surrogate for health care decisions under AS 13.52.030 consents to receipt of the protective services, and to the extent that resources are available, the department shall ensure that the protective services for the vulnerable adult are provided by the department or its designee within 10 working days after the department received the report under AS 47.24.010 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of the vulnerable adult. However, if circumstances beyond the control of the department or the department's designee make it impossible to provide the protective services within the 10 working days, the department shall ensure that the services are provided as soon as possible after that time. (b) Notwithstanding (a) of this section, if the department determines that an emergency situation exists that necessitates provision of protective services to a vulnerable adult, the department may provide the necessary protective services in a manner determined by the department to be the most appropriate in light of the emergency situation, regardless of whether the vulnerable adult or any other person has consented to receipt of the services. (c) To the extent practicable, protective services provided under this section shall be delivered in a culturally relevant manner that protects the vulnerable adult's right to the least restrictive environment and maximizes that person's own decision making capabilities. (d) If the protective services under this section include the placement of a vulnerable adult in an assisted living home at the state's expense, the minimum daily reimbursement rate to the assisted living home for the vulnerable adult is $70. The department may, under its regulations, provide for a daily rate higher than $70 if the additional care provided to the vulnerable adult in the assisted living home justifies the additional reimbursement. In this subsection, “assisted living home” means an assisted living home licensed under AS 47.32.
AK Stat § 47.24.019 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.019. Petitioning court for certain protective services.

(a) If, after investigation under AS 47.24.015, the department has reasonable cause to believe that a vulnerable adult is in need of protective services and is an incapacitated person, the department may petition the court under AS 13.26 for appointment of a guardian or temporary guardian, or for a change of guardian, for the vulnerable adult for the purpose of deciding whether to consent to the receipt of protective services for the vulnerable adult. (b) If, after an investigation under AS 47.24.015, the department has reasonable cause to believe that a vulnerable adult is mentally ill and as a result either is likely to cause serious harm to self or others or is gravely disabled, the department may petition the court under AS 47.30.700 to initiate an involuntary commitment proceeding. (c) If a vulnerable adult who has consented to receive protective services, or on whose behalf consent to receive protective services has been given, is prevented by any person from receiving those services, the department may petition the superior court for an injunction restraining the person from interfering with the provision of protective services to the vulnerable adult.
AK Stat § 47.24.040 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.040. Monitoring.

If ongoing protective services are provided to a vulnerable adult under AS 47.24.017, the department shall monitor the adult's situation, as the department considers appropriate, until the department determines that the protective services are no longer needed.
AK Stat § 47.24.050 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.050. Confidentiality of reports.

(a) Investigation reports and reports of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult filed under this chapter are confidential and are not subject to public inspection and copying under AS 40.25.110 - 40.25.125. However, under this chapter and regulations adopted under this chapter, investigation reports may be used by appropriate agencies or individuals inside and outside the state, in connection with investigations or judicial proceedings involving the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult. (b) The department shall disclose a report of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult if the vulnerable adult who is the subject of the report or the vulnerable adult's guardian, conservator, attorney-in-fact, trustee, or surrogate decision maker consents in writing. The department may not disclose a report of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult to the vulnerable adult's guardian, conservator, attorney-in-fact, trustee, or surrogate decision maker if that person is an alleged perpetrator of the undue influence, abandonment, exploitation, abuse, or neglect of the vulnerable adult and is being investigated under this chapter. The department shall, upon request, disclose the number of verified reports of undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that occurred at an institution that provides care for vulnerable adults or that were the result of actions or inactions of a public home care provider.
AK Stat § 47.24.070 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.070. Required review of proposed regulations.

Before adoption by the department, regulations to implement this chapter shall be provided to the Alaska Commission on Aging established under AS 47.45.200 for review.
AK Stat § 47.24.120 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.120. Immunity from liability; retaliation prohibited.

(a) A person who in good faith makes a report under AS 47.24.010, regardless of whether the person is required to do so, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report. (b) An employer or supervisor of a person who in good faith makes a report under AS 47.24.010 may not discharge, demote, transfer, reduce pay or benefits or work privileges of, prepare a negative work performance evaluation of, or take other detrimental action against the person because the person made the report. The person making the report may bring a civil action for compensatory and punitive damages against an employer or supervisor who violates this subsection. In the civil action there is a rebuttable presumption that the detrimental action by the employer or supervisor was retaliatory if it was taken within 90 days after the report was made.
AK Stat § 47.24.130 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 24. Protection of Vulnerable Adults|Sec. 47.24.130. Treatment through spiritual means.

This chapter may not be construed to mean that a person is unduly influenced, abused, neglected, self-neglected, vulnerable, unable to consent, abandoned, exploited, or in need of emergency or protective services for the sole reason that the person relies on or is being furnished treatment by spiritual means through prayer alone under the tenets and practices of a church or religious denomination of which the person is a member or adherent, if the person consents to the treatment through spiritual means only and the treatment is administered by an accredited practitioner of the church or religious denomination. In this section, “church or religious denomination” has the meaning given to “religious organization” in AS 05.15.690.
AK Stat § 47.31.005 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.005. Applicability.

This chapter applies only to those patients who have received evaluation or treatment at an evaluation facility or a designated treatment facility that is not a state-operated hospital.
AK Stat § 47.31.010 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.010. Eligibility for assistance.

(a) The department shall provide financial assistance under this chapter to a patient who (1) does not have the available means to pay or substantially contribute to the payment of charges assessed by a facility; (2) has no other third party to pay for the evaluation or treatment provided under AS 47.30; and (3) meets the criteria in this chapter. (b) To be eligible for assistance under this chapter, a patient must have (1) been admitted for inpatient evaluation or treatment at an evaluation facility or a designated treatment facility other than a state-operated hospital after either (A) an involuntary commitment under AS 47.30.700 - 47.30.915; or (B) a voluntary admission chosen by the patient after a determination by the patient's treating physician that the patient meets the involuntary commitment criteria in AS 47.30.700 - 47.30.915 and that involuntary commitment proceedings would be initiated if the patient did not choose to be admitted voluntarily; and (2) a gross monthly household income that does not exceed 185 percent of the federal poverty guideline for this state for the calendar month in which service was provided.
AK Stat § 47.31.015 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.015. Application for assistance.

(a) To receive assistance under this chapter, a patient or a patient's legal representative must apply in writing on a form provided by the department. A patient must apply for assistance within 180 days after the date of discharge from the facility. (b) A patient is considered to have applied for assistance under (a) of this section if the evaluation facility or designated treatment facility notifies the department on a form provided by the department that there is good cause to believe that the patient would be eligible for assistance under this chapter and (1) the patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age failed within 150 days after the date of discharge from the facility to make arrangements to pay the evaluation facility or designated treatment facility; or (2) the patient lacks the mental capacity to apply for benefits under this chapter. (c) A patient who applies or is considered to have applied for assistance under this chapter, the patient's spouse, the patient's parent if the patient is under 18 years of age, or a person in the patient's household shall release records and information to the department necessary to verify eligibility for the assistance. (d) If a patient, the patient's spouse, the patient's parent if the patient is under 18 years of age, or a person in the patient's household fails to provide records and information to the department necessary to verify eligibility, the department may issue an administrative order imposing full liability for the patient's cost of care and treatment to the evaluation facility or designated treatment facility.
AK Stat § 47.31.020 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.020. Decision on eligibility.

(a) Within 30 days after receiving a complete application, the department shall give notice in writing of an eligibility determination to the patient or the patient's legal representative. If the patient is found ineligible, the notice must contain the reason for the denial and an explanation of the patient's right to an administrative appeal of the denial. (b) The department shall provide a copy of the notice of eligibility or ineligibility to the facility at which the patient was treated.
AK Stat § 47.31.025 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.025. Eligible services; rates.

The department shall identify the type and level of services for which assistance is available under this chapter. An evaluation facility or a designated treatment facility shall be reimbursed at a rate established by the department that is equivalent to the Medicaid rate for that facility at the time service was rendered as determined under AS 47.07.070.
AK Stat § 47.31.030 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.030. Payment.

If the department determines that a patient is eligible for assistance under this chapter, the department shall provide for payment of assistance directly to the facility. By endorsing the check received from the department or authorizing the endorsement by the facility's agent, the facility certifies that the claim for which the check is payment is true and accurate unless written notice of an error is sent to the department by the facility within 30 days after the date the check is presented by the facility for payment.
AK Stat § 47.31.032 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.032. Access to records and information by the department.

The department is authorized to review, obtain, and copy confidential and other records and information about the patients who were eligible for or were provided financial assistance under this chapter to evaluate compliance with this chapter. The department may obtain the records and information from the patient or directly from the evaluation facility or the designated treatment facility. Records obtained by the department under this section are medical records, shall be handled confidentially, and are exempt from public inspection and copying under AS 40.25.110 - 40.25.120.
AK Stat § 47.31.035 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.035. Appeals.

(a) A patient or the patient's legal representative may appeal a denial of assistance by sending written notice of objection to the department within 30 days after the date of the notice of denial. The written notice of objection must include an explanation of the reasons for the objection and may include documentation supporting the objection. AS 44.62 (Administrative Procedure Act) does not apply to the appeal. (b) The commissioner or the commissioner's designee shall review the notice of objection and issue a decision within 90 days after its receipt. The commissioner or the commissioner's designee may request additional information on the appeal from either the patient, the evaluation facility or designated treatment facility, or department staff. A request for additional information suspends the time period for the appeal until the department determines that the additional information has been received. If more than 180 days have passed from the date of submission of a notice of appeal and the additional information requested by the commissioner or the commissioner's designee has not been received from a patient, the evaluation facility, the designated treatment facility, or the department, the appeal shall be considered denied. (c) The decision on the appeal under (b) of this section, including an appeal denied for failure to submit additional information, is a final agency decision and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.
AK Stat § 47.31.090 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.090. Regulations.

The department shall, after consultation with the Alaska Mental Health Trust Authority, adopt regulations to interpret or implement this chapter.
AK Stat § 47.31.100 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 31. Mental Health Treatment Assistance Program|Sec. 47.31.100. Definitions.

In this chapter, unless the context otherwise requires, (1) “commissioner” means the commissioner of health and social services; (2) “department” means the Department of Health and Social 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.
AK Stat § 47.32.010 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 32. Centralized Licensing and Related Administrative Procedures|Sec. 47.32.010. Purpose and applicability.

(a) The purpose of this chapter is to establish centralized licensing and related administrative procedures for the delivery of services in this state by the entities listed in (b) of this section. These procedures are intended to promote safe and appropriate services by setting standards for licensure that will reduce predictable risk; improve quality of care; foster individual and patient rights; and otherwise advance public health, safety, and welfare. (b) This chapter and regulations adopted under this chapter apply to the following entities: (1) ambulatory surgical centers; (2) assisted living homes; (3) child care facilities; (4) child placement agencies; (5) foster homes; (6) freestanding birth centers; (7) home health agencies; (8) hospices, or agencies providing hospice services or operating hospice programs; (9) hospitals; (10) intermediate care facilities for individuals with an intellectual disability or related condition; (11) maternity homes; (12) nursing facilities; (13) residential child care facilities; (14) residential psychiatric treatment centers; (15) runaway shelters; (16) rural health clinics; (17) crisis stabilization centers. (c) The provisions of AS 47.05.300 - 47.05.390, regarding criminal history, criminal history checks, criminal history use standards, and civil history databases, apply to entities listed in (b) of this section, as provided in AS 47.05.300.
AK Stat § 47.32.020 (2021)
2021 Alaska Statutes|Title 47. Welfare, Social Services, and Institutions|Chapter 32. Centralized Licensing and Related Administrative Procedures|Sec. 47.32.020. Requirement to obtain a license; exemption.

(a) An entity may not operate a facility described in AS 47.32.010(b) without first obtaining a license under this chapter unless the entity is exempt under regulations adopted under AS 47.32.030 or is exempt under (c) of this section. (b) If an entity encompasses more than one type of activity listed in AS 47.32.010(b), the entity shall apply for and receive a separate license under this chapter before operating that type of activity unless exempt under regulations adopted under AS 47.32.030. (c) If a nonprofit organization operates a program that assists parents to find temporary care for a child, the nonprofit organization is exempt from the licensing and other requirements of this chapter when operating the program.