reglab/housing_qa huggingface dataset:
AK Stat § 18.20.310 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.310. Sanctions for noncompliance.

(a) If the department finds that a nursing facility, or a partner, officer, director, owner of five percent or more of the nursing facility's assets, or managing employee of the nursing facility substantially failed or refused to comply with AS 08.68.340 - 08.68.390, AS 08.70, AS 18.20.075 - 18.20.085, AS 47.07, or with a regulation adopted under any of those statutes, or, for a nursing facility that provides Medicaid services under AS 47.07, failed or refused to comply with the Medicaid requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended) or a regulation adopted under that statute, the department may take the following actions: (1) ban the admission of new residents to the nursing facility; (2) as provided in AS 18.20.320, deny payment under AS 47.07 and AS 47.25.120 - 47.25.300 for any Medicaid or general relief-medical resident admitted to the nursing facility after notice by the department of denial of payment; residents who are eligible for Medicaid or general relief-medical are not responsible for payment when the department takes action under this paragraph; (3) assess a civil fine in accordance with AS 18.20.340; (4) suspend or terminate the nursing facility's participation in the Medicaid program; (5) suspend, revoke, or refuse to renew the nursing facility's license issued under this chapter; (6) seek an appointment of temporary administration as provided in AS 18.20.360 or of a receiver under AS 18.20.370; (7) in case of an emergency, seek an order from the court either to close the nursing facility or to transfer residents from that facility, or both. (b) An order of the department imposing a sanction described in (1) (a)(1), (4), or (5) of this section takes effect immediately upon service of the order on the nursing facility; however, if the facility can demonstrate to the department's satisfaction that the deficiencies prompting the order do not jeopardize the health or safety of facility residents or seriously limit the nursing facility's capacity to provide adequate care, the department's order takes effect 10 days after service; (2) (a)(2) or (3) of this section takes effect 10 days after service of the order on the nursing facility. (c) A hearing may be requested under AS 18.20.330 regarding a sanction imposed by the department under this section.
AK Stat § 18.20.320 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.320. Denial of payment.

The department shall deny payment under AS 47.07 or AS 47.25.120 - 47.25.300 to a nursing facility (1) that is not in compliance, and, for the preceding three months, has not been in compliance, with the requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended), and regulations adopted under that statute, until correction of the deficiency; or (2) if the department finds, on three consecutive reviews, that the nursing facility provided substandard quality of care; the department shall deny payment under this paragraph for new admissions until the facility has demonstrated to the satisfaction of the department that it is in compliance with the Medicaid requirements of 42 U.S.C. 1396r, and that it will remain in compliance with the requirements.
AK Stat § 18.20.330 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.330. Appeal; hearing.

(a) Notwithstanding AS 44.62.330 - 44.62.630, the department, by regulation, shall establish a hearing procedure by which a nursing facility may present evidence to refute a deficiency found by the department, and by which it may appeal, in a hearing conducted by the office of administrative hearings (AS 44.64.010), a sanction imposed by order of the department under AS 18.20.310. A request for a hearing shall be made in writing within 10 days after service of the department's order on the nursing facility. Except for an order that takes effect immediately under AS 18.20.310(b)(1), a request under this subsection has the effect of staying the department's order until the hearing is concluded and the department makes a final determination. (b) An appeal, or request for stay, regarding a sanction imposed by the court under AS 18.20.310(a)(6) or (7), 18.20.360, or 18.20.370, shall be filed with the court in accordance with the Rules of Civil Procedure.
AK Stat § 18.20.340 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.340. Civil fines.

In accordance with regulations adopted by the department under AS 44.62.010 - 44.62.300, the department may assess and collect, with interest, a civil fine of up to $10,000 a day for each day a nursing facility is or was out of compliance with any of the federal or state statutes or regulations listed in AS 18.20.310. The department shall annually increase the maximum amount of the civil fine authorized in this section by a percentage equal to the percentage of increase in all items of the Consumer Price Index for all urban consumers for Anchorage, Alaska. Each day upon which the same or a substantially similar noncompliance occurs is a separate violation subject to the assessment of a separate civil fine. A civil fine assessed under this section is not reimbursable under AS 47.07 or AS 47.25.120 - 47.25.300. The department shall deduct the amount of a civil fine from reimbursement due or to be due the nursing facility under AS 47.07 or AS 47.25.120 - 47.25.300. The department may also use any remedy available under law to pursue collection of an unpaid fine.
AK Stat § 18.20.350 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.350. Nursing facility resident security fund.

(a) There is established in the department, as a fund separate from other public money of the state, the nursing facility resident security fund. This fund consists of all civil fines collected under AS 18.20.310(a)(3) and 18.20.340 related to noncompliance with 42 U.S.C. 1396r(b), (c), or (d), and all interest earned on money in the fund. (b) The nursing facility resident security fund shall be administered by the department. Money in the fund may only be used for the protection of the health or property of residents of nursing facilities found to be out of compliance with 42 U.S.C. 1396r(b), (c), or (d), or a regulation adopted under those statutes, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement to a resident for personal money lost.
AK Stat § 18.20.360 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.360. Temporary management.

(a) If the department determines that the health or safety of the residents of a nursing facility is immediately jeopardized as the result of the nursing facility's failure or refusal to comply with a state statute or regulation, or failure or refusal to comply with the Medicaid requirements in 42 U.S.C. 1396r (Title XIX of the Social Security Act) or a regulation adopted under that statute, the department shall immediately petition the superior court for an order for appointment of temporary administration to (1) oversee the operation of the facility; and (2) ensure the health and safety of the facility's residents while orderly closure of the facility occurs or the deficiencies necessitating temporary administration are corrected. (b) The court shall grant the petition if it finds by a preponderance of the evidence that the conditions in (a) of this section exist.
AK Stat § 18.20.370 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.370. Receivership.

(a) The department may petition the superior court for establishment of a receivership for a nursing facility if the department finds that one of the following conditions exists and the current operator has demonstrated an inability or unwillingness to take action necessary to immediately correct the conditions alleged: (1) the facility is operating without a license; (2) the health, safety, or welfare of the facility's residents is immediately jeopardized; (3) the facility demonstrates a pattern and practice of violating state or federal statutes or regulations in such a way that minimum resident care is jeopardized. (b) The court shall grant the petition if it finds by a preponderance of the evidence that one or more of the conditions in (a) of this section exist and the current operator is unable or unwilling to take action necessary to correct the condition.
AK Stat § 18.20.390 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 3. Nursing Facilities.|Sec. 18.20.390. Definitions.

In AS 18.20.300 - 18.20.390, unless the context requires otherwise, (1) “department” means the Department of Health and Social Services; (2) “general relief-medical” means the medical assistance program authorized in AS 47.25.120 - 47.25.300; (3) “Medicaid” means the medical assistance program authorized in AS 47.07; (4) “nursing facility” means an institution, or a distinct part of an institution, as defined in 42 U.S.C. 1396r.
AK Stat § 18.20.410 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.410. Temporary nurse staffing emergency.

(a) If, after making a substantial and reasonable effort to increase the number of available nurses on staff and failing in that effort, a health care facility in a rural community determines it is not able to meet the overtime limitations in AS 18.20.400 without putting the safety of its patients at risk of serious harm, the health care facility may declare a temporary nurse staffing emergency. A declaration of a temporary nurse staffing emergency under this section (1) must be made in a writing, signed by the administrator of the health care facility or the administrator's designee, that describes the facility's reasonable effort to avoid the temporary nurse staffing emergency; and (2) may not exceed 30 days. (b) Immediately after declaring a temporary nurse staffing emergency under (a) of this section, a health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a report that includes a copy of the signed writing required under (a) of this section. A report under this subsection is a public document. (c) In addition to the requirements of (a) and (b) of this section, a health care facility shall notify the legislature immediately by delivery of a written report to the Alaska Legislative Council each time the facility declares a temporary nurse staffing emergency under AS 18.20.400(c) that exceeds two occurrences in a six-month period that begins on January 1 or July 1 of the year in which the declaration occurs, or three occurrences in the one-year period that begins on January 1 of that year. A report under this subsection must include a copy of each report that is required of the health care facility under (b) of this section for the one-year period that begins on January 1 of the year the excessive declaration under this subsection occurs.
AK Stat § 18.20.420 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.420. Health care facility complaint process for overtime work by nurses.

A health care facility shall provide for an anonymous process by which a patient or a nurse may make a complaint about staffing levels and patient safety that relate to overtime work by nurses and to limitations on overtime work by nurses under AS 18.20.400.
AK Stat § 18.20.430 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.430. Enforcement, offenses, and penalties.

(a) The commissioner shall administer AS 18.20.400 - 18.20.499 and adopt regulations for implementing and enforcing AS 18.20.400 - 18.20.499. (b) A complaint alleging a violation of AS 18.20.400 - 18.20.499 must be filed with the commissioner within 30 days after the date of the alleged violation. The commissioner shall provide a copy of the complaint to the health care facility named in the filing within three business days after receiving the complaint. (c) If the commissioner finds that a health care facility has knowingly violated an overtime provision of AS 18.20.400 - 18.20.499, the following civil penalties shall apply: (1) for a first violation of AS 18.20.400 - 18.20.499, the commissioner shall reprimand the health care facility; (2) for a second violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of $500; (3) for a third violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $2,500 but not more than $5,000; (4) for each violation of AS 18.20.400 - 18.20.499 after a third violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $5,000 but not more than $25,000. (d) As an employer, a health care facility violates an overtime provision of AS 18.20.400 - 18.20.499 “knowingly” when the facility is either aware that its conduct is of a nature prohibited by the overtime provision or aware that the circumstances described in the overtime prohibition exist; however, when knowledge of the existence of a particular fact is required to establish that the violation was knowing, that knowledge exists when the facility is aware of a substantial probability of its existence, unless the facility reasonably believes it does not exist.
AK Stat § 18.20.440 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.440. Prohibition of retaliation.

A health care facility may not discharge, discipline, threaten, discriminate against, penalize, or file a report with the Board of Nursing against a nurse for exercising rights under AS 18.20.400 - 18.20.499 or for the good faith reporting of an alleged violation of AS 18.20.400 - 18.20.499.
AK Stat § 18.20.450 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.450. Report requirements.

(a) A health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a semiannual report on a form provided by the department. The report for the six-month period ending June 30 must be filed before the following August 1, and the report for the six-month period ending December 31 must be filed before the following February 1. The report must include, for each nurse employed by the health care facility or under contract with the health care facility, the number of overtime hours worked and the number of hours the nurse was on call. A health care facility that does not employ a nurse who worked overtime hours or who was on call during the reporting period is not required to describe hours worked as overtime and on-call hours for individual nurses but may instead complete the report by stating on the form that there are no reportable hours. (b) A primary care outpatient facility is not subject to the reporting requirements of (a) of this section.
AK Stat § 18.20.460 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.460. Provisions not applicable to nurses employed in federal or tribal facilities.

The provisions of AS 18.20.400 - 18.20.499 do not apply to a nurse employed in a health care facility that is operated by (1) the federal government; or (2) a tribal organization as defined in 25 U.S.C. 450b.
AK Stat § 18.20.470 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.470. Notice to employees.

A health care facility shall post and maintain, in places readily accessible to individuals in the service of the health care facility, printed statements that describe employee rights and employer obligations under AS 18.20.400 - 18.20.499 and regulations adopted under AS 18.20.430. The commissioner shall supply the printed statements to a health care facility without cost to the facility.
AK Stat § 18.20.499 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 4. Overtime Limitations for Nurses.|Sec. 18.20.499. Definitions.

In AS 18.20.400 - 18.20.499, (1) “commissioner” means the commissioner of labor and workforce development; (2) “health care facility” means a private, municipal, or state hospital; independent diagnostic testing facility; primary care outpatient facility; skilled nursing facility; kidney disease treatment center, including freestanding hemodialysis units; intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or Alaska Veterans' Home administered by the Department of Health and Social Services under AS 47.55; correctional facility owned or administered by the state; private, municipal, or state facility employing one or more public health nurses; long-term care facility; psychiatric hospital; residential psychiatric treatment center, as defined in AS 18.07.111 or AS 47.32.900; secure residential psychiatric treatment center under AS 47.12.990; juvenile detention facility or juvenile treatment facility, as those terms are defined in AS 47.12.990; or treatment institution as that term is defined in AS 47.14.990; (3) “nurse” means an individual licensed to practice registered nursing or practical nursing under AS 08.68 who provides nursing services through direct patient care or clinical services and includes a nurse manager when delivering in-hospital patient care; (4) “on-call” means a status in which a nurse must be ready to report to the health care facility and may be called to work by the health care facility; (5) “overtime” means the hours worked in excess of a predetermined and regularly scheduled shift that is agreed to by a nurse and a health care facility; (6) “rural community” means a village or city that has a population of less than 10,000, as determined by the Department of Labor and Workforce Development, and is in (A) the unorganized borough; or (B) an organized borough that has a population of less than 25,000, as determined by the Department of Labor and Workforce Development.
AK Stat § 18.20.500 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 5. Discharge of Hospital Patients.|Sec. 18.20.500. Aftercare assessment and designation of caregiver.

Before discharging a patient, a hospital shall assess the patient's ability for self-care after discharge and provide the patient with the opportunity to designate a caregiver who agrees to provide aftercare for the patient in a private residence after discharge.
AK Stat § 18.20.510 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 5. Discharge of Hospital Patients.|Sec. 18.20.510. Planning, instruction, and training.

(a) A hospital shall give the patient and the patient's designated caregiver the opportunity to participate in planning for the patient's discharge from the hospital. (b) Before discharge, a hospital shall provide a patient and the patient's designated caregiver with instruction and training as necessary for the designated caregiver to perform medical and nursing aftercare following discharge.
AK Stat § 18.20.520 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 5. Discharge of Hospital Patients.|Sec. 18.20.520. Notification of discharge.

A hospital shall notify a patient's designated caregiver of the patient's discharge or transfer.
AK Stat § 18.20.530 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 5. Discharge of Hospital Patients.|Sec. 18.20.530. Discharge policies.

(a) A hospital shall adopt and maintain written discharge policies. The policies must comply with AS 18.20.500 - 18.20.590. (b) The discharge policies of a hospital must specify the requirements for documenting the identity of a patient's designated caregiver and the details of the discharge plan for the patient, including professional follow-up as specified in the discharge plan. (c) The discharge policies of a hospital may incorporate established evidence-based practices that include (1) standards for accreditation adopted by a nationally recognized hospital accreditation organization; or (2) the conditions of participation for hospitals adopted by the Centers for Medicare and Medicaid Services. (d) The discharge policies of a hospital must ensure that the discharge planning is appropriate to the condition of the patient, and the hospital shall interpret the discharge policies in a manner and as necessary to meet the needs and condition of the patient and the abilities of the patient's designated caregiver. (e) AS 18.20.500 - 18.20.590 do not require that a hospital adopt discharge policies that would (1) delay a patient's discharge or transfer to another facility; or (2) require the disclosure of protected health information without obtaining a patient's consent as required by state and federal laws governing health information privacy and security.
AK Stat § 18.20.540 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 5. Discharge of Hospital Patients.|Sec. 18.20.540. Construction of provisions.

The provisions of AS 18.20.500 - 18.20.590 may not be construed to (1) create a right of action against a hospital, a hospital employee, or a contractor of the hospital, including a person who contracts with the hospital to provide instruction to a designated caregiver, based on an action performed or not performed under AS 18.20.500 - 18.20.590; or (2) replace, change, or otherwise affect rights or remedies that are provided under another provision of law, including common law.
AK Stat § 18.20.550 (2021)
2021 Alaska Statutes|Title 18. Health, Safety, Housing, Human Rights, and Public Defender|Chapter 20. Hospitals and Nursing Facilities|Article 5. Discharge of Hospital Patients.|Sec. 18.20.550. Coordination with other authority.

AS 18.20.500 - 18.20.590 may not be interpreted to interfere with the powers or duties of (1) an agent operating under a valid advance health care directive under AS 13.52; or (2) a legal guardian of the patient.