reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.071. Duty of a medical assistance recipient.

(a) A medical assistance recipient shall cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program.
(b) As a condition of medical assistance eligibility, a person who applies for medical assistance shall, at the time of application,
(1) assign to the department the applicant's rights of payment for care and services from any third party to the extent the department has paid medical assistance for care and services;
(2) cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program; and
(3) agree to make application for all other available third-party resources that may be used to provide or pay for the cost of care or services received by the medical assistance recipient or that may be used to finance reimbursement to the state for the cost of care or services received by the medical assistance recipient; a medical assistance recipient is under no duty to file a civil or other action for the purpose of reimbursing the state for the cost of care or services.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.072. Duty of attorney for medical assistance recipient.

(a) An attorney representing a medical assistance recipient shall notify the attorney general's office.
(b) The notice to the attorney general's office required under (a) of this section includes submission of the following:
(1) identification of the medical assistance recipient's name, last known address, and telephone number, and the date of the injury or illness giving rise to the action or claim;
(2) copies of the pleadings and other papers related to the action or claim;
(3) the identification of each potentially liable third party, including that party's name, last known address, and telephone number;
(4) the identification of any insurance policy potentially responsive to the action or claim; and
(5) a description of the facts and circumstances supporting the action or claim.
(c) An attorney who represents a medical assistance recipient shall give the attorney general's office notice within 30 days of any judgment, award, or settlement in an action or claim by the medical assistance recipient to recover damages for an injury or illness that has resulted in the department's providing or paying for medical assistance.
(d) If a medical assistance recipient is handling the action or claim on a pro se basis, the provisions of this section apply as if the medical assistance recipient were an attorney representing the medical assistance recipient.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.073. Judgment, award, or settlement of a medical assistance lien.

(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.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.074. Conflict with federal requirements.

If any provision of this chapter related to subrogation, assignment, or lien conflicts with federal law concerning the Medicaid program or receipt of federal money to finance the medical assistance program, the provision does not apply to the extent of the conflict.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.075. Medical assistance lien.

(a) The department has a lien upon any sum that may be due to the recipient of medical assistance from a third-party payor. The lien is in the amount of the medical assistance paid for medical services under this title, together with reasonable attorney fees and litigation costs incurred in the enforcement of the lien.
(b) A lien against a sum due from a third-party payor for medical services provided to a recipient of medical assistance under this title attaches and is effective upon filing with a recorder's office in any recording district in the state. However, a lien filed under this subsection is not perfected and has no effect unless notice of filing of the lien is served by the department upon the third-party payor, personally or by registered, certified, or insured mail, return receipt requested.
(c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the lien to which the department is entitled under (a) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the lien shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters.
(d) A perfected lien under this section has priority over all other liens except tax liens and a lien perfected for attorney fees and costs.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.080. Recovery of overpayments.

(a) Except for overpayments recovered under AS 47.07 that cover the value of services paid from federal sources, benefit overpayments collected by the department in administering public assistance programs under AS 47.05.010 shall be remitted to the Department of Revenue under AS 37.10.050(a).
(b) The permanent fund dividend of a former recipient of a public assistance program listed under (a) of this section may be taken under AS 43.23.140(b)(6) and 43.23.170 to satisfy the balance due on a defaulted overpayment claim.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.085. Subpoena power.

(a) The commissioner or the commissioner's designee at the director level may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with an investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 (assistance for catastrophic illnesses and acute or chronic medical conditions), AS 47.25 (day care assistance, child care grants, general relief, adult public assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program).
(b) In case of refusal to obey a subpoena issued to any person under (a) of this section, the superior court may, upon application by the department, issue an order requiring the person to appear before the department to produce evidence if ordered. Failure to obey the order of the court is punishable as contempt.
(c) A person who, without just cause, fails or refuses to produce books, papers, correspondence, memoranda, and other records, if it is in the person's power to do so, in obedience to a subpoena of the department or an authorized representative of it, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both. Each day the failure or refusal continues is a separate offense.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and Medical Assistance.

(a) The Department of Health and the Department of Family and Community services may cooperate and, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adoption and medical assistance under AS 47.07 and other provisions of this title for eligible children with special needs.
(b) In this section, “state” includes a state, territory, possession, or commonwealth of the United States.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.105. Enhanced computerized eligibility verification system.

(a) The department shall establish an enhanced computerized income, asset, and identity eligibility verification system for the purposes of verifying eligibility, eliminating duplication of public assistance payments, and deterring waste and fraud in public assistance programs administered by the department under AS 47.05.010. Nothing in this section prohibits the department from verifying eligibility for public assistance through additional procedures or authorizes the department or a third-party vendor to use data to verify eligibility for a federal program if the use of that data is prohibited by federal law.
(b) The department shall enter into a competitively bid contract with a third- party vendor for the purpose of developing a system under this section to prevent fraud, misrepresentation, and inadequate documentation when determining an applicant's eligibility for public assistance before the payment of benefits and for periodically verifying eligibility between eligibility redeterminations and during eligibility redeterminations and reviews. The department may also contract with a third-party vendor to provide information to facilitate reviews of recipient eligibility and income verification.
(c) The annual savings to the state resulting from the use of the system under this section must exceed the cost of implementing the system. A contract under this section must require the third-party vendor to report annual savings to the state realized from implementing the system. Payment to the third-party vendor may be based on a fee for each applicant and may include incentives for achieving a rate of success established by the department for identifying duplication, waste, and fraud in public assistance programs.
(d) To avoid a conflict of interest, the department may not award a contract to provide services for the enrollment of public assistance providers or applicants under this title to a vendor that is awarded a contract under this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.110. Alaska Tribal Child Welfare Compact.

The state may participate in a tribal child welfare compact with Alaska tribes and tribal organizations for the administration of child welfare services by the tribes or tribal organizations. The compact is a written agreement between the state and Alaska tribes and tribal organizations that affirms the government-to-government relationship between the state and tribes.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 1. General Administrative Provisions. › Sec. 47.05.190. Definitions.

In AS 47.05.010 - 47.05.190,
(1) “commissioner” means the commissioner of the Department of Health;
(2) “department” means the Department of Health.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 2. Oversight of Medical Care Programs. › Sec. 47.05.210. Medical assistance fraud.

(a) A person commits the crime of medical assistance fraud if the person
(1) knowingly submits or authorizes the submission of a claim to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit;
(2) knowingly prepares or assists another person to prepare a claim for submission to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit;
(3) except as otherwise authorized under the medical assistance program, confers, offers to confer, solicits, agrees to accept, or accepts property, services, or a benefit
(A) to refer a medical assistance recipient to a health care provider; or
(B) for providing health care to a medical assistance recipient if the property, services, or benefit is in addition to payment by a medical assistance agency;
(4) does not produce medical assistance records to a person authorized to request the records;
(5) knowingly makes a false entry in or falsely alters a medical assistance record;
(6) knowingly destroys, mutilates, suppresses, conceals, removes, or otherwise impairs the verity, legibility, or availability of a medical assistance record knowing that the person lacks the authority to do so; or
(7) violates a provision of AS 47.07 or AS 47.08 or a regulation adopted under AS 47.07 or AS 47.08.
(b) Medical assistance fraud under (a)(1), (2), or (3) of this section is
(1) a class B felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $25,000 or more;
(2) a class C felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $500 or more but less than $25,000;
(3) a class A misdemeanor if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is less than $500.
(c) Medical assistance fraud under (a)(4), (5), or (6) of this section is a class A misdemeanor.
(d) Medical assistance fraud under (a)(7) of this section is a class B misdemeanor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 2. Oversight of Medical Care Programs. › Sec. 47.05.220. Notice of charges.

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.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 2. Oversight of Medical Care Programs. › Sec. 47.05.230. Determination of value; aggregation of amounts.

In AS 47.05.210, whenever it is necessary to determine the value of property, that value shall be determined in accordance with AS 11.46.980. In determining the degree or classification of a crime described under AS 47.05.210, amounts involved in criminal acts committed under one course of conduct, whether from the same person or several persons, shall be aggregated.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 2. Oversight of Medical Care Programs. › Sec. 47.05.235. Duty to identify and repay self-identified overpayments.

(a) Unless a provider is being audited under AS 47.05.200(a), an enrolled medical assistance provider shall conduct a biennial review or audit of a statistically valid sample of claims submitted to the department for reimbursement. If overpayments are identified, the medical assistance provider shall report the overpayment to the department not later than 10 business days after identification of the overpayment. The report must also identify how the medical assistance provider intends to repay the department. After the department receives the report, the medical assistance provider and the department shall enter into an agreement establishing a schedule for repayment of the identified overpayment. The agreement may authorize repayment in a lump sum, in a payment plan, or by offsetting future billings, as approved by the department.
(b) The department may not assess interest or penalties on an overpayment identified and repaid by a medical assistance provider under this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 2. Oversight of Medical Care Programs. › Sec. 47.05.240. Exclusion from medical assistance programs.

(a) The commissioner may exclude an applicant to or disenroll a medical assistance provider in the medical assistance program in AS 47.07 or AS 47.08, or both, for a period of up to 10 years after unconditional discharge on a conviction
(1) for medical assistance fraud under AS 47.05.210 or misconduct involving a controlled substance under AS 11.71; or
(2) in a court of the United States or a court of another state or territory, for a crime with elements similar to the crimes included under (1) of this subsection.
(b) After a period of exclusion under (a) of this section, an applicant may not participate in a medical assistance program under AS 47.07 or AS 47.08 until the applicant establishes to the commissioner by clear and convincing evidence that the applicant possesses all required licenses and certificates and is qualified to participate.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 2. Oversight of Medical Care Programs. › Sec. 47.05.250. Civil penalties.

(a) The department may assess a civil penalty against a provider who violates this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07.
(b) The department shall adopt regulations establishing a range of civil penalties that the department may assess against a provider under this section. In establishing the range of civil penalties, the department shall take into account appropriate factors, including the seriousness of the violation, the service provided by the provider, and the severity of the penalty. The regulations may not provide for a civil penalty of less than $100 or more than $25,000 for each violation.
(c) The provisions of this section are in addition to any other remedies available under this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07.
(d) A provider against whom a civil penalty of less than $2,500 is assessed may appeal the decision assessing the penalty to the commissioner or the commissioner's designee. The commissioner shall, by regulation, establish time limits and procedures for an appeal under this subsection. The decision of the commissioner or the commissioner's designee may be appealed to the office of administrative hearings established under AS 44.64.
(e) A provider against whom a civil penalty of $2,500 or more is assessed may appeal the decision assessing the penalty to the office of administrative hearings established under AS 44.64.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 2. Oversight of Medical Care Programs. › Sec. 47.05.290. Definitions.

In AS 47.05.200 - 47.05.290,
(1) “benefit” has the meaning given in AS 11.81.900;
(2) “claim” includes a request for payment for medical assistance services under applicable state or federal law or regulations, whether the request is in an electronic format or paper format or both;
(3) “commissioner” means the commissioner of health;
(4) “department” means the Department of Health;
(5) “falsely alters” has the meaning given in AS 11.46.580;
(6) “knowingly” has the meaning given in AS 11.81.900;
(7) “makes a false entry” has the meaning given in AS 11.56.820;
(8) “medical assistance agency” means the department, an agency of the department, and an agent, contractor, or designee of the department or of one of its agencies that performs one or more of the activities of the department or an agency of the department;
(9) “medical assistance program” means a program under AS 47.07 or AS 47.08;
(10) “medical assistance provider” or “provider” means a person or organization that provides, attempts to provide, or claims to have provided services or products to a medical assistance recipient that may qualify for reimbursement under AS 47.07 or AS 47.08 or a person or organization that participates in or has applied to participate in a medical assistance program as a supplier of a service or product;
(11) “medical assistance recipient” means a person on whose behalf another claims or receives a payment from a medical assistance agency, without regard to whether the individual was eligible for benefits under a medical assistance program;
(12) “medical assistance record” means records required to be kept by state or federal law or regulation regarding claims to a medical assistance agency;
(13) “organization” has the meaning given in AS 11.81.900;
(14) “person” has the meaning given in AS 11.81.900;
(15) “property” has the meaning given in AS 11.81.900;
(16) “reckless disregard” means acting recklessly, as that term is defined in AS 11.81.900;
(17) “services” or “medical assistance services” means a health care benefit that may qualify for reimbursement under AS 47.07 or AS 47.08, including health care benefits provided, attempted to be provided, or claimed to have been provided to another, by a medical assistance provider, or “services” as defined in AS 11.81.900;
(18) “unconditional discharge” has the meaning given in AS 12.55.185.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 3. Criminal and Civil History. › Sec. 47.05.300. Applicability.

(a) The provisions of AS 47.05.310 - 47.05.390 apply to any individual or entity that is required by statute or regulation to be licensed or certified or that is eligible to receive payments, in whole or in part, from the Department of Health or the Department of Family and Community Services to provide for the health, safety, and welfare of persons who are served by the programs administered by those departments.
(b) Those individual service providers subject to AS 47.05.310 - 47.05.390 under (a) of this section include
(1) public home care providers described in AS 47.05.017;
(2) providers of home and community-based waiver services financed under AS 47.07.030(c); and
(3) case managers to coordinate community mental health services under AS 47.30.530.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 3. Criminal and Civil History. › Sec. 47.05.320. Criminal history use standards.

The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual service provider of the criminal history of an individual obtained under AS 47.05.310.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 3. Criminal and Civil History. › Sec. 47.05.330. Identification of civil history databases for a civil history check; confidentiality.

(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.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 3. Criminal and Civil History. › Sec. 47.05.340. Regulations.

The Department of Health and the Department of Family and Community Services shall adopt regulations to implement AS 47.05.300 - 47.05.390 for the entities and individuals for which that department has licensing or certification authority.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 3. Criminal and Civil History. › Sec. 47.05.350. Use of information; immunity.

An entity that obtains information about an employee under a criminal history check under AS 47.05.310 or a civil history check under AS 47.05.325 may use that information only as provided for in regulations adopted by the department with licensing or certification authority for that entity under this chapter. However, if an entity reasonably relies on the information provided under the regulations adopted by the applicable department to deny employment to an individual who was selected for hire as an employee, including during a period of provisional employment, the entity is not liable in an action brought by the individual based on the employment determination resulting from the information.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 3. Criminal and Civil History. › Sec. 47.05.360. Variance request; final decision.

(a) An individual or entity subject to the provisions of AS 47.05.310 or 47.05.325 may request a variance from the provisions of AS 47.05.310 or 47.05.325 under procedures established by the department with licensing or certification authority for that individual or entity by regulation. The procedures must include the establishment of a variance committee to consider requests for variances. A request for a variance may include a request that the applicable department issue a written explanation of incorrect information contained in the civil history databases identified under AS 47.05.330.
(b) An individual or entity that is dissatisfied with a decision by a variance committee may, not more than 30 days after the committee issues the decision, apply to the commissioner of the department with licensing or certification authority for that individual or entity for reconsideration of the decision. A determination by the applicable commissioner is a final agency decision for purposes of appeal to the superior court.
(c) The department with licensing or certification authority for that individual or entity shall disclose information and records pertaining to a child subject to AS 47.10 or AS 47.17 to a variance committee as provided under AS 47.10.093(b).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 05. Administration of Welfare, Social Services, and Institutions › Article 3. Criminal and Civil History. › Sec. 47.05.390. Definitions.

In AS 47.05.300 - 47.05.390, unless the context otherwise requires,
(1) “criminal justice information” has the meaning given in AS 12.62.900;
(2) “entity” means an entity listed in AS 47.32.010(b) or (c) or an individual service provider as described in AS 47.05.300 and includes an owner, officer, director, member, or partner of the entity;
(3) “individual service provider” means an individual described in AS 47.05.300(a), and includes those listed in AS 47.05.300(b);
(4) “license” includes a provisional license;
(5) “unsupervised” means that an individual who is licensed under AS 47.32, after submitting a criminal history background check, is not physically present to observe the volunteer at the entity.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 06. Child Welfare, Social Services, and Institutions › Sec. 47.06.020. Purpose and policy related to children.

The purpose of this title as it relates to children is to secure for each child the care and guidance, preferably in the child's own home, that will serve the moral, emotional, mental, and physical welfare of the child and the best interests of the community; to preserve and strengthen the child's family ties unless efforts to preserve and strengthen the ties are likely to result in physical or emotional damage to the child, removing the child from the custody of the parents only as a last resort when the child's welfare or safety or the protection of the public cannot be adequately safeguarded without removal; and, when the child is removed from the family, to secure for the child adequate custody and care and adequate planning for permanent placement of the child. It is the policy of the state to acknowledge and take into account the principles of early childhood and youth brain development and, whenever possible, consider the concepts of early adversity, toxic stress, childhood trauma, and the promotion of resilience through protective relationships, supports, self-regulation, and services.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 06. Child Welfare, Social Services, and Institutions › Sec. 47.06.040. Material incorporated by reference.

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
(1) the federal poverty guidelines for the state prepared by the United States Department of Health and Human Services; or
(2) the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 06. Child Welfare, Social Services, and Institutions › Sec. 47.06.050. Consent to conditions of federal programs.

In order to take advantage of the training grants provisions of 42 U.S.C. 301 - 1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate fully in the training grants or other programs.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 06. Child Welfare, Social Services, and Institutions › Sec. 47.06.060. Authorization of the Interstate Compact on Adoption and Medical Assistance.

(a) The Department of Family and Community Services and the Department of Health, in cooperation, may, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adoption and medical assistance under AS 47.07 and other provisions of this title for eligible children with special needs.
(b) In this section, “state” includes a state, territory, possession, or commonwealth of the United States.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 06. Child Welfare, Social Services, and Institutions › Sec. 47.06.070. Monthly reports concerning children.

By the 15th day of each month, the Department of Family and Community Services shall provide a report summarizing child protection activities carried out during the previous calendar month and the status of children committed to the department's custody, including information on the number and type of reports of child abuse and neglect received, the outcome of investigations completed, the number of placements of children committed to the department's custody, and the number of foster homes licensed. The report shall be made accessible to the public through the Internet.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 06. Child Welfare, Social Services, and Institutions › Sec. 47.06.080. Contracts.

(a) The department may contract with a person or local government for the delivery of services to be provided by the department under AS 47.06.010 if the commissioner of family and community services 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 47.06.010.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 06. Child Welfare, Social Services, and Institutions › Sec. 47.06.090. Cooperation with federal government.

It is the public policy of the state to cooperate and coordinate with the United States government and its agencies in providing for and administering federal and state laws for adult public assistance and the other assistance that is provided for or extended to the people of the state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.010. Purpose.

It is declared by the legislature as a matter of public concern that the needy persons of this state who are eligible for medical care at public expense under this chapter should seek only uniform and high quality care that is appropriate to their condition and cost-effective to the state and receive that care, regardless of race, age, national origin, or economic standing. It is equally a matter of public concern that providers of services under this chapter should operate honestly, responsibly, and in accordance with applicable laws and regulations in order to maintain the integrity and fiscal viability of the state's medical assistance program, and that those who do not operate in this manner should be held accountable for their conduct. It is vital that the department administer this chapter in a manner that promotes effective, long-term cost containment of the state's medical assistance expenditures while providing medical care to recipients. Accordingly, this chapter authorizes the department to apply for participation in the national medical assistance program as provided for under 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.025. Assignment of medical support rights.

(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.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.032. Inpatient psychiatric services for persons under 21 years of age.

(a) Notwithstanding AS 47.07.030, the department may not grant assistance under this chapter for inpatient psychiatric services to a person under 21 years of age who is in an out-of-state psychiatric hospital facility or an out-of-state residential psychiatric treatment center unless the department determines that the assistance is for
(1) psychiatric hospital services that are consistent with the person's clinical diagnosis and appropriately address the person's needs and that these services are unavailable in the state; or
(2) residential psychiatric treatment center services that are consistent with the person's clinical diagnosis and appropriately address the person's needs and that these services are unavailable in the state.
(b) The department shall, on a monthly basis, evaluate what types of services are available in the state for inpatient psychiatric care for persons under 21 years of age. If inpatient psychiatric services that are consistent with the person's clinical diagnosis and that appropriately address the person's needs become available at a location in the state for a person under 21 years of age who is receiving the services under this chapter at a location outside the state, the department shall, as a condition of continued eligibility for coverage of the services under this chapter, require the person to be transferred to the in-state facility unless the department determines that the transfer would be detrimental to the person's health, established therapeutic relationship, or clinical need.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.040. State plan for provision of medical assistance.

The department shall prepare a state plan in accordance with the provisions of 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act, Medical Assistance) and submit it for approval to the United States Department of Health and Human Services. The plan shall designate that the Department of Health is the single state agency to administer this plan. The department shall act for the state in any negotiations relative to the submission and approval of the plan. The department may make those arrangements or regulatory changes, not inconsistent with law, as may be required under federal law to obtain and retain approval of the United States Department of Health and Human Services to secure for the state the optimum federal payment under the provisions of 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act, Medical Assistance).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.042. Recipient cost-sharing.

(a) Except as provided in (b) - (d) of this section, the state plan developed under AS 47.07.040 shall impose deductible, coinsurance, and copayment requirements on persons eligible for assistance under this chapter to the maximum extent allowed under federal law and regulations. The plan must provide that health care providers shall collect the allowable charge. The department shall reduce payments to each provider by the amount of the allowable charge. A provider may not deny services because a recipient is unable to share costs, but an inability to share costs imposed under this section does not relieve the recipient of liability for the costs.
(b) The state plan developed under AS 47.07.040 shall impose a copayment requirement for inpatient hospital services in an amount that is the lesser of
(1) $50 a day, up to a maximum of $200 per discharge; or
(2) the maximum allowed under federal law and regulations.
(c) If the department has clear and compelling reason to believe that application of the maximum allowable charges under (a) of this section to a specific service would not reduce state expenditures or would generate savings to the state that are insignificant in relation to the total cost containment possible, then the department may waive the charges otherwise required under (a) of this section as to that specific service.
(d) In addition to the requirements established under (a) and (b) of this section, the department may require premiums or cost-sharing contributions from recipients who are eligible for benefits under AS 47.07.020(b)(13) and whose household income is between 150 and 175 percent of the federal poverty line. If the department requires premiums or cost-sharing contributions under this subsection, the department
(1) shall adopt in regulation a sliding scale for those premiums or contributions based on household income;
(2) may not exceed the maximums allowed under federal law; and
(3) shall implement a system by which the department or its designee collects those premiums or contributions.
(e) Except as provided in (c) of this section and notwithstanding (b) of this section, the department may require premiums and other cost-sharing contributions from recipients who are eligible for assistance under AS 47.07.020(b)(15) to the maximum extent allowed by federal law. If the department requires premiums or other cost-sharing contributions under this subsection, the department shall
(1) adopt in regulation a sliding scale for those premiums or contributions based on household income; and
(2) implement a system by which the department or its designee collects the premiums or other cost-sharing contributions.
(f) [Repealed, § 3 ch 48 SLA 2007.]
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.046. Traumatic or acquired brain injury services.

(a) The department shall provide traumatic or acquired brain injury services under a waiver in accordance with 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act), this chapter, and regulations adopted under this chapter, if the department has received approval from the federal government and the department has appropriations allocated for the purpose. In addition to the annual assessment required in (b) of this section, the department shall establish in regulation additional standards for eligibility and payment for the services.
(b) Before the department may terminate payment for services provided under (a) of this section, the recipient must have had an annual assessment to determine whether the recipient continues to meet the standards established by regulation under (a) of this section.
(c) In this section, “traumatic or acquired brain injury” has the meaning given in AS 47.80.529.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 07. Medical Assistance for Needy Persons › Sec. 47.07.050. Implementation of the medical assistance program.

The department shall take the steps necessary to adopt those regulations, prepare necessary documentation for the state and providers, and undertake the systems design that may be necessary to implement the provisions of this chapter on or before November 1, 1972. Implementation of the medical assistance program shall include appropriate controls and reporting capabilities as required by the United States Department of Health and Human Services, and the department shall make those necessary reports as required by that federal agency or as requested by the legislature.