reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.190. Involuntary commitment.

(a) A spouse or guardian, a relative, the certifying physician, physician assistant, advanced practice registered nurse, or the administrator in charge of an approved public treatment facility may petition the court for a 30-day involuntary commitment order. The petition must allege that the person is an alcoholic or drug abuser who (1) has threatened, attempted to inflict, or inflicted physical harm on another and that unless committed is likely to inflict physical harm on another; or (2) is incapacitated by alcohol or drugs. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. The petition must be accompanied by a certificate of a licensed physician, physician assistant, or advanced practice registered nurse who has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal must be alleged in the petition. The certificate must set out the physician's, physician assistant's, or advanced practice registered nurse's findings of the examination in support of the allegations of the petition.
(b) After the petition is filed, the court shall fix a date for a hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, shall be served on
(1) the petitioner;
(2) the person whose commitment is sought or the person's guardian, if any;
(3) the attorney representing the person whose commitment is sought;
(4) the administrator in charge of the approved public or private treatment facility in which the committed person has been committed for emergency care; and
(5) any other person the court considers appropriate.
(c) A person who is the subject of a petition filed under this section does not have the right to a jury.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.205. Procedure for recommitment following 30-day commitment.

(a) At any time during a person's 30-day commitment, the director of an approved public facility or approved private facility may file with the court a petition for a 180-day commitment of that person. The petition must include all material required under AS 47.37.190(a) except that references to “30 days” shall be read as “180 days” and must allege that the person continues to be an alcoholic or drug abuser who is incapacitated by alcohol or drugs, or who continues to be at risk of serious physical harm or illness.
(b) Upon the filing of a petition for recommitment under (a) of this section, the court shall fix a date for hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served on
(1) the petitioner;
(2) the person whose recommitment is sought or the person's guardian, if any;
(3) the attorney representing the person whose recommitment is sought;
(4) the original petitioner under AS 47.37.190(a), if different from the petitioner for recommitment;
(5) any other person the court considers appropriate.
(c) If, not less than two days before the date set for a recommitment hearing under (a) of this section, the person being recommitted or the person's counsel or advisor files a written request with the court, the court shall summon and impanel a jury of six residents of the judicial district to hear and consider evidence concerning the condition of the person being recommitted.
(d) At the hearing regarding recommitment for a 180-day period, the court or jury shall proceed as provided in AS 47.37.200(a) and (b).
(e) The provisions of AS 47.37.200(c) - (h) shall apply equally to periods of recommitment under this section, except that references to “30 days” shall be read as “180 days.”
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.207. Unauthorized absences: return to facility.

When a person committed under AS 47.37.190 - 47.37.205 is absent from a treatment facility without authorization, the administrator, or that person's designee, may contact peace officers who shall take the person into custody and return the respondent to the treatment facility.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.210. Records of alcoholics, drug abusers, and intoxicated persons.

(a) Except as required by AS 28.35.030(d), the registration and other records of treatment facilities shall remain confidential and are privileged to the patient.
(b) Notwithstanding (a) of this section, the department may make available information from patients' records for purposes of research into the causes and treatment of alcoholism or drug abuse. Information may not disclose a patient's name.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.220. Visitation and communication with patients.

(a) Patients in any approved treatment facility under this chapter shall be granted reasonable opportunities for adequate consultation with counsel, and for continuing contact with family and friends including the use of telephone facilities, consistent with an effective treatment program.
(b) Mail or other communication to or from a patient in any approved treatment facility may not be intercepted, read, or censored.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.230. Establishment of emergency service patrol.

(a) Cities and boroughs may establish emergency service patrols. An emergency service patrol consists of persons trained to give assistance in public places to persons who are intoxicated. Members of an emergency service patrol shall be capable of providing first aid in emergency situations and shall be capable of transporting intoxicated persons to their homes and to and from public treatment facilities.
(b) The department shall adopt regulations for the establishment, training, and conduct of emergency service patrols.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.235. Limitations on liability; bad faith application a felony.

(a) Except as provided under (b) of this section, a person acting in good faith upon either actual knowledge or reliable information who takes a person into protective custody or detains a person under AS 47.37.170 - 47.37.180, or who petitions for commitment under AS 47.37.180 - 47.37.205, is not subject to civil or criminal liability.
(b) The following persons may not be held civilly or criminally liable for detaining or failing to detain a person under AS 47.37.170 - 47.37.270 or for releasing a person under AS 47.37.170 - 47.37.270 at or before the end of the period for which the person was admitted or committed for protective custody or treatment if the persons have performed their duties in good faith and without gross negligence:
(1) an officer of an approved public or private treatment facility;
(2) the administrator of an approved public or private treatment facility, and the staff of an approved public or private treatment facility;
(3) a public official performing functions necessary to the administration of AS 47.37.170 - 47.37.270;
(4) a peace officer or other person responsible for detaining or transporting a person under AS 47.37.170 - 47.37.270.
(c) A person who knowingly initiates an involuntary commitment petition under AS 47.37.180 - 47.37.205 without having good cause to believe that the other person is an alcoholic or drug abuser and is incapacitated or at risk of serious physical harm or illness if not treated is guilty of a class C felony.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.240. Payment for treatment.

(a) A patient in an approved treatment facility, or the person obligated to provide for the cost of treatment of a person committed under this chapter, is liable to the public or private facility for the cost of maintenance and treatment of the patient in accordance with rates established by the department.
(b) The department shall adopt regulations governing financial ability that take into consideration the income, savings, and other personal and real property of the person liable for the cost and maintenance of the patient.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.245. Wages of patients.

(a) A participant in a residential drug abuse or alcoholism treatment program may be paid wages for work therapy. The payment of wages for work therapy by a drug or alcoholism treatment program shall be considered an allowable cost under the department's regulations governing costs a grantee may pay with money received from a grant.
(b) No part of the wage earned by the patient worker may be deducted for the cost of room, board, or services. The program, however, after the payment of wages, may assess and collect the reasonable cost of treatment according to rates established under AS 47.37.240, and on the same basis it assesses and collects from nonworking patients.
(c) Wages earned by the patient worker may be held in trust by the program for the benefit of the patient, and, except as provided in (d) of this section, may be disbursed by the program only with the patient's consent
(1) for the support of the patient's dependents;
(2) to pay a civil judgment;
(3) for the purchase of gifts, clothing, and items of personal use;
(4) to pay restitution or a fine;
(5) for other purposes considered appropriate by the treatment program.
(d) Wages earned by the patient worker may be disbursed without the patient's consent in accordance with a final court order.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.250. Effect of chapter on other laws.

(a) Nothing in this chapter affects a statute, ordinance, or regulation relating to
(1) drunken driving, driving under the influence of alcohol, or other similar offenses involving alcohol and the operation of a vehicle, aircraft, boat, machinery, or other equipment;
(2) the sale, purchase, dispensation, possession, or use of alcoholic beverages at specified times and places or by a particular class of persons, including prohibitions against drinking intoxicating beverages in specified public places; or
(3) being upon the traveled portion of a highway so as to be a hazard to the motoring public.
(b) Nothing in this chapter affects AS 11.81.630, relating to the defense of voluntary intoxication.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.270. Definitions.

In this chapter,
(1) “alcoholic or drug abuser” means a person who demonstrates increased tolerance to alcohol or drugs, who suffers from withdrawal when alcohol or drugs are not available, whose habitual lack of self-control concerning the use of alcohol or drugs causes significant hazard to the person's health, and who continues to use alcohol or drugs despite the adverse consequences;
(2) “commissioner” means the commissioner of health;
(3) “department” means the Department of Health;
(4) “drugs” means a drug that is included in the controlled substance schedules set out in AS 11.71.140 - 11.71.190;
(5) “emergency service patrol” means a patrol established under AS 47.37.230;
(6) “hazardous volatile material or substance”
(A) means a material or substance that is readily vaporizable at room temperature and whose vapors or gases, when inhaled,
(i) pose an immediate threat to the life or health of the person; or
(ii) are likely to have adverse delayed effects on the health of the person;
(B) includes, but is not limited to,
(i) gasoline;
(ii) materials and substances containing petroleum distillates; and
(iii) common household materials and substances whose containers bear a notice warning that inhalation of vapors or gases may cause physical harm;
(7) “incapacitated by alcohol or drugs” means a person who, as a result of alcohol or drugs, is unconscious or whose judgment is otherwise so impaired that the person (A) is incapable of realizing and making rational decisions with respect to the need for treatment and (B) is unable to take care of the person's basic safety or personal needs, including food, clothing, shelter, or medical care;
(8) “incompetent person” means a person who has been adjudged incompetent by the appropriate court;
(9) “inhalant abuse” means the misuse of a hazardous volatile material or substance by inhaling its vapors;
(10) “intoxicated person” means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol or drugs;
(11) “treatment” means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to alcoholics, intoxicated persons, or drug abusers, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling;
(12) “work therapy”
(A) means an activity that involves a patient in basic employment skills and assists the patient in reintegration into a community;
(B) does not include
(i) activities such as personal housekeeping chores or cooperative responsibilities expected of each patient in the program; or
(ii) work that produces goods or services for sale or distribution, the proceeds of which would be returned to the owners, operators, or businesses of the rehabilitation program.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 38. Alcohol and Substance Abuse Accountability › Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released on Bail or on Probation. › Sec. 47.38.010. Cooperation with the Department of Corrections.

The department shall cooperate with the Department of Corrections in establishing and conducting programs to provide treatment for alcoholics, intoxicated persons, drug abusers, and inhalant abusers who are on conditions of release as provided in AS 12.30 or on probation.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 38. Alcohol and Substance Abuse Accountability › Article 1. Alcohol and Substance Abuse Monitoring and Treatment for Persons Released on Bail or on Probation. › Sec. 47.38.020. Alcohol and substance abuse monitoring program.

(a) The commissioner, in cooperation with the commissioner of corrections, shall establish a program using a competitive procurement process for certain persons with release conditions ordered as provided under AS 12.30, or offenders with conditions of probation, that include not consuming controlled substances or alcoholic beverages.
(b) The commissioner shall adopt regulations to implement the program. The regulations must include regulations regarding products and services that provide alcohol and substance abuse monitoring.
(c) The commissioner shall include in the program
(1) a requirement for twice-a-day testing, either remotely or in person, for alcoholic beverage use and random testing for controlled substances;
(2) a means to provide the probation officer, prosecutor's office, or local law enforcement agency with notice within 24 hours, so that a complaint may be filed alleging a violation of AS 11.56.757, a petition may be filed with the court seeking appropriate sanctions and may be scheduled by the court for a prompt hearing, or an arrest warrant may be issued for the person on release or offender with conditions of probation provided in this subsection, if the person or offender
(A) fails to appear for an appointment or fails to complete a test through the use of remote alcohol or substance abuse monitoring technology as required by the program requirements; or
(B) tests positive for the use of controlled substances or alcoholic beverages; and
(3) a requirement that the person or offender pay, based on the person's or offender's ability under financial guidelines established by the commissioner, for the cost of participating in the program.
(d) The department shall contract with one or more vendors using a competitive procurement process in accordance with AS 36.30 (State Procurement Code) to provide or conduct the testing required under (c) of this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 38. Alcohol and Substance Abuse Accountability › Article 2. Recidivism Reduction Program. › Sec. 47.38.100. Recidivism reduction program.

(a) The recidivism reduction program is established to promote the rehabilitation of persons on probation or parole or incarcerated for offenses and recently released from correctional facilities.
(b) The commissioner, in cooperation with the Alaska Criminal Justice Data Analysis Commission established in AS 44.19.641, may provide for programs that have, as a primary focus, rehabilitation and reduction of recidivism for persons on probation or parole or incarcerated for offenses and recently released from correctional facilities. The commissioner may enter into contracts to provide for programs under this section. An eligible program under this section must accomplish at least one of the following objectives:
(1) increasing access to evidence-based rehabilitation programs, including drug and alcohol treatment, mental health treatment, and cognitive behavioral programs; or
(2) supporting offenders' transition and re-entry from correctional facilities to the community, including transitional housing services, employment services, vocational training, educational support, counseling, and medical care.
(c) The commissioner and the commissioner of corrections shall prepare a joint annual report on the program provided under (a) of this section, and notify the legislature on or before January 15 of each year that the report is available. The report must include an analysis of the program's effects on recidivism for program participants.
(d) In this section, “evidenced-based” means a program or practice that offers a high level of research on effectiveness.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 40. Purchase of Services › Article 1. Purchase of Services for Minors. › Sec. 47.40.011. Purchase of services.

(a) When the department purchases residential services for minors for whom the state has assumed responsibility under AS 47.10 or AS 47.12, the department shall
(1) purchase the services only under grants to local governmental units or nonprofit corporations;
(2) award grants for a specified number of beds as provided in AS 47.40.041.
(b) The department shall adopt regulations necessary to carry out the provisions of AS 47.40.011 - 47.40.091, including regulations establishing the procedures to be followed in awarding grants, the types of services for which payment may be made, costs that may be paid with grant money, and the method of payment.
(c) Services of jails and other penal institutions may not be included in services purchased by the state under AS 47.40.011 - 47.40.091.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 40. Purchase of Services › Article 1. Purchase of Services for Minors. › Sec. 47.40.021. Licensing and supervision.

Facilities providing services that are purchased by the department under AS 47.40.011 - 47.40.091 shall, if required by the department, be licensed and supervised under AS 47.32.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 40. Purchase of Services › Article 1. Purchase of Services for Minors. › Sec. 47.40.031. Required accounting procedures.

Facilities that solicit or receive grants from the department for the cost of services provided under AS 47.40.011 - 47.40.091 shall
(1) meet accepted standards of fiscal accountability for public money and shall, upon request, submit to the department and to the division of legislative audit a complete financial statement prepared by an independent certified public accountant;
(2) keep records of the expenditures for the services provided, using cost-accounting procedures in accordance with department regulations;
(3) upon request, furnish the department and the division of legislative audit all fiscal information, books, records, and accounts pertaining to services paid for under AS 47.40.011 - 47.40.091.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 40. Purchase of Services › Article 1. Purchase of Services for Minors. › Sec. 47.40.041. Grants.

(a) The department shall award grants in accordance with its regulations. The department may award grants for periods not to exceed three years. The department may adjust grant amounts annually, using a cost-of-living allowance formula adopted in its regulations. Grant awards are subject to legislative appropriation. If insufficient money is appropriated to fund all grants awarded, the department shall prorate grant amounts, reduce the number of beds contracted for, or otherwise adjust grants to the extent of the appropriated funds.
(b) Notices published by the department concerning the opening of the application process for a grant award must specify the geographical area in which services are needed, the type of services, the number of beds anticipated to be needed, the maximum number of days of care, and any other requirements established by the department. Grants authorized under this section are exempt from AS 36.30 (State Procurement Code).
(c) Grants may not include payment for
(1) costs, including salaries and fees, incurred in raising funds or lobbying;
(2) costs of academic education that duplicate the public education system, except as provided for in regulations;
(3) costs of religious training; and
(4) costs that are funded by other government sources.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 40. Purchase of Services › Article 1. Purchase of Services for Minors. › Sec. 47.40.091. Definitions.

In AS 47.40.011 - 47.40.091,
(1) “bed” means space in a facility that may be occupied by a minor for 365 days a year;
(2) “department” means the Department of Family and Community Services;
(3) “nonprofit corporation” means a corporation organized under AS 10.20;
(4) “residential services” means 24-hour care and supervision of minors in residential child care facilities that are commonly known as group homes or institutions.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 40. Purchase of Services › Article 2. Purchase of Services for Pregnant Women. › Sec. 47.40.100. Purchase of services for pregnant women.

The Department of Health and the Department of Family and Community Services shall pay within each department's respective appropriation the cost of prenatal services which are not available from an existing state or federal program other than medical services for a pregnant woman experiencing social and economic difficulties, including the costs of transportation to and from a maternity home or a foster home, counseling, adoption assistance, maternity home and foster home care, and parenting skills.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 40. Purchase of Services › Article 2. Purchase of Services for Pregnant Women. › Sec. 47.40.110. Licensing and supervision.

A person providing services purchased by the Department of Health or the Department of Family and Community Services under AS 47.40.100 - 47.40.120 shall, if required to be licensed under AS 47.32, be licensed and supervised in the same manner as foster homes or maternity homes, as applicable, under AS 47.32.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.010. Persons who may qualify for longevity bonus.

(a) A person who is 65 years of age or over who resides in the state for at least one year immediately preceding application for a longevity bonus under AS 47.45.010 - 47.45.160 may apply to the commissioner of administration no later than December 31, 1996, for qualification to receive a monthly bonus of
(1) $250, if the person's application was submitted before January 1, 1994;
(2) $200, if the person's application was submitted on or after January 1, 1994, but before January 1, 1995;
(3) $150, if the person's application was submitted on or after January 1, 1995, but before January 1, 1996; or
(4) $100, if the person's application was submitted on or after January 1, 1996, but before January 1, 1997.
(b) When the commissioner of health determines that an applicant qualifies under AS 47.45.010 - 47.45.160 the commissioner shall immediately begin payment of the bonus.
(c) A person who otherwise qualifies to receive a bonus provided for in AS 47.45.010 - 47.45.160 may continue to do so only as long as that person continues to be a resident of the state.
(d) [Repealed, § 62 ch 21 SLA 1991.]
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.020. Continuous eligibility procedures.

After qualification, monthly applications for bonuses may be made in person to any office of the Department of Health. Mailed monthly applications shall also be considered by the department. In-person or mailed applications shall be made on forms provided by the department and shall conform to the conditions as provided by regulation. The commissioner of health may make exceptions for those residents who are isolated in rural areas and cannot mail a monthly application; however, they shall mail an application at least once every six months.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.030. Absence from the state.

(a) After qualification, a recipient shall notify the commissioner of health when the recipient expects to be absent from the state if the absence is for a continuous period that exceeds 60 days. After that notification, the recipient may no longer receive bonuses from the Department of Health after the last regularly approved monthly application. Upon returning to the state, the recipient may again make application for a bonus. Failure to notify the commissioner of an expected absence may be grounds for disqualification.
(b) [Repealed, § 4 ch 78 SLA 2002.]
(c) A recipient who has been absent from the state for a continuous period that exceeds three years is permanently disqualified from receiving bonuses.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.040. Disqualification.

Disqualification under AS 47.45.010 - 47.45.160 shall rest solely with the commissioner of health and shall be outlined in the regulations adopted under AS 47.45.100.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.050. Department hearing.

The Department of Health may arrange with the office of administrative hearings (AS 44.64.010) to hold a hearing upon the request of an applicant or recipient who has been disqualified. Before this hearing, the department shall, by certified mail, notify an applicant or recipient in plain and comprehensive language the exact reason for the disqualification. Form letters using only referral to state statutes or department regulations, or otherwise vague in detail, are not considered compliance by the department with this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.060. Legal remedy.

Legal remedy from disqualification may be sought by an applicant or recipient in any court of competent jurisdiction in the state. The burden of proof shall rest solely upon the applicant or recipient and any costs related to a disqualification verdict determined against the applicant or recipient may be recoverable by the attorney general from that person, or from any agency representing that person supported in whole, or in part, with state appropriations.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.070. Unqualified persons.

(a) An unqualified person is one who
(1) does not meet the age or residence requirements as provided for under AS 47.45.010 - 47.45.160;
(2) meets the age and residence requirements of AS 47.45.010 - 47.45.160 but either is confined in a state or federal mental health institution or facility and is certified by the state as unable to manage personal affairs, or resides in a nursing home as that term is defined in AS 08.70.180; however, if that person, at the time of commitment or commencement of residence, provided the principal support of a spouse, the commissioner of health may determine to pay the confined person's bonus to the person's spouse until the spouse is qualified for a bonus;
(3) is otherwise qualified but confined in a penal or correctional institution or facility; upon completion of sentence or upon the conferral of a pardon, parole, or probation, the person may make application; confinement outside the state shall be considered as residence in the state if a person was convicted and sentenced from a court in Alaska; revocation of parole or probation shall be cause for immediate disqualification until release from confinement is again effected;
(4) is permanently disqualified under AS 47.45.030(c);
(5) did not apply, under AS 47.45.010(a), before January 1, 1997, for qualification to receive a longevity bonus;
(6) was found qualified to receive a longevity bonus and was subsequently permanently disqualified under former AS 47.45.030(b) or former AS 47.45.045.
(b) Notwithstanding (a)(2) of this section, a person who meets the age and residence requirements of AS 47.45.010 - 47.45.160 qualifies for the bonus during any period of residence in a nursing home that does not exceed 90 consecutive days if the bonus is exempt from the determination of income eligibility under Supplemental Security Income in 42 U.S.C. 1382a (Sec. 1612(b)(2)(B), Social Security Act), as amended.
(c) Notwithstanding (a)(2) of this section, a person who resides in a nursing home who meets the age and residence requirements of AS 47.45.010 - 47.45.160 qualifies for the bonus if the costs of care of the person at the nursing home are paid for entirely from private sources, veterans' benefits, or a combination of private sources and veterans' benefits.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.080. Accrual of bonuses.

A recipient may not for any reason, receive an accrual of bonuses in excess of two monthly payments. Interest may not be paid on accrued bonuses. Upon the death of a recipient the commissioner of health shall pay to the beneficiary of the recipient any accrued bonuses not to exceed two monthly payments.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.120. Exemption from state and local taxation and from debt collection.

(a) Bonuses received under AS 47.45.010 - 47.45.160 are exempt from all state and political subdivision taxes except sales and use taxes. A bonus received under AS 47.45.010 - 47.45.160 is not exempt from a federal tax requirement.
(b) Bonuses received under AS 47.45.010 - 47.45.160 are exempt from levy to enforce the collection of a debt as provided in AS 09.38 (Alaska Exemptions Act).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.122. Eligibility for public assistance.

(a) An individual whose public assistance is denied or reduced solely because of the receipt of a bonus under AS 47.45.010 - 47.45.160 by the individual or by a member of the individual's household is eligible for assistance under the general relief assistance program in AS 47.25.120 - 47.25.300. Notwithstanding the limit in AS 47.25.130, the individual is entitled to receive the same amount as the individual would have received under other public assistance programs had the individual not received a longevity bonus.
(b) In this section “other public assistance” means
(1) Supplemental Security Income under 42 U.S.C. 1381 - 1385;
(2) Medicaid under 42 U.S.C. 1396 - 1396p; and
(3) Adult Public Assistance under AS 47.25.430 - 47.25.615.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.130. Death or cessation of residency.

The commissioner of health shall establish procedures to stop a bonus when a recipient under AS 47.45.010 - 47.45.160 no longer qualifies. When a recipient dies or discontinues residency in the state the recipient's qualification for a bonus shall stop at the time of the recipient's last approved monthly application.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.140. Penalty for false statements or records.

A person who wilfully or knowingly makes a false statement, or falsifies or permits to be falsified any record required by AS 47.45.010 - 47.45.160, is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both, forfeits all rights under AS 47.45.010 - 47.45.160, and shall make adequate restitution for any bonuses illegally received.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.150. Definitions.

In AS 47.45.010 - 47.45.160,
(1) “bonus” means a monthly Alaska longevity bonus payment made to a person or the person's beneficiary who qualifies under AS 47.45.010 - 47.45.160;
(2) “resident” or “resident of the state” means an individual who is physically present in the state with the intent to remain in the state indefinitely and to make a home in the state; a person demonstrates the requisite intent by maintaining a principal place of abode in the state for one year and by providing other proof of intent the commissioner may require by regulation, including proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 1. Alaska Longevity Bonus. › Sec. 47.45.160. Administrative Procedure Act not applicable.

AS 44.62 (Administrative Procedure Act) does not apply to AS 47.45.010 - 47.45.160.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 2. Senior Benefits Payment Program. › Sec. 47.45.301. Alaska senior benefits payment program.

(a) The Alaska senior benefits payment program is established in the Department of Health to provide cash benefits as far as practicable under appropriations provided by law.
(b) The department shall administer the program and adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of the program.
(c) If the department estimates that appropriations for the program are insufficient to meet the demands of the program in a fiscal year, the department may reduce or eliminate the cash benefit available to recipients.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 2. Senior Benefits Payment Program. › Sec. 47.45.302. Cash assistance benefit.

(a) An individual is eligible for a cash assistance benefit under the program if the individual
(1) is 65 years of age or older;
(2) is a resident of the state;
(3) is a citizen of the United States or a qualified alien under 8 U.S.C. 1613 and 1641;
(4) has a household income that does not exceed 175 percent of the annual federal poverty line for Alaska, as determined by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2);
(5) has not received a longevity bonus payment under AS 47.45.010 - 47.45.160 for the same period; and
(6) applies in the format prescribed by the department; the department may use an abbreviated form for an individual who received a payment under an assistance program for seniors that paid $120 a month and was administered by the department on or before July 29, 2007; the department shall establish an electronic application for a cash assistance benefit and allow an applicant to submit an application in electronic format or in other formats required by state and federal law; the electronic application must inform an applicant that a false statement made on the application will be investigated and is punishable under AS 11.56.210; in this paragraph, “electronic application” means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website.
(b) An eligible individual shall receive a monthly cash assistance payment beginning on August 1, 2007, as follows:
(1) $250 if the individual's household income does not exceed 75 percent of the federal poverty line for Alaska;
(2) $175 if the individual's household income does not exceed 100 percent but is above 75 percent of the federal poverty line for Alaska;
(3) $125 if the individual's household income does not exceed 175 percent but is above 100 percent of the federal poverty line for Alaska.
(c) Cash assistance provided under this section is subject to appropriation.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 2. Senior Benefits Payment Program. › Sec. 47.45.304. Continuation of benefits.

An eligible individual who leaves the state may not receive a cash benefit under AS 47.45.302 during the absence unless the individual's absence is temporary and is for one of the following reasons:
(1) to receive medical treatment for the individual;
(2) to accompany the individual's family member who is receiving medical treatment outside the state; or
(3) for a vacation, business trip, or other absence of less than 30 consecutive days, unless the individual has applied for and received a time extension from the department for special circumstances.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 2. Senior Benefits Payment Program. › Sec. 47.45.306. Appeal rights.

An individual who receives a determination from the department that denies, limits, or modifies a cash benefit under AS 47.45.301 - 47.45.309, other than a determination under AS 47.45.301(c) to reduce or eliminate benefits, may request a hearing before the office of administrative hearings (AS 44.64.010) under regulations adopted by the department.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 2. Senior Benefits Payment Program. › Sec. 47.45.308. Ability to recover or recoup improper assistance or benefits.

An individual is liable to the department for the value of assistance or benefits improperly paid to the individual under AS 47.45.302 or former AS 47.45.310 or 47.45.320 if the improper payment was based on inaccurate or incomplete information provided by the individual. In a civil action brought by the state to recover from the individual the value of assistance or benefits improperly paid under AS 47.45.302 or former AS 47.45.310 or 47.45.320, the state may recover from the individual the costs of investigation and prosecution of the civil action, including attorney fees as determined under court rules.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 2. Senior Benefits Payment Program. › Sec. 47.45.309. Definitions.

In AS 47.45.301 - 47.45.309,
(1) “department” means the Department of Health;
(2) “eligible individual” means an individual who meets the requirements of AS 47.45.301 - 47.45.309 and regulations adopted under those statutes for eligibility for the program;
(3) “family member” means a person who is
(A) legally related to an eligible individual through marriage or guardianship; or
(B) an eligible individual's sibling, parent, grandparent, son, daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin;
(4) “program” means the senior benefits payment program established in AS 47.45.301 - 47.45.309;
(5) “resident” has the meaning given in AS 47.25.430(a).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 45. Older Alaskans and Long-term Care Facility Residents › Article 3. Long-term Care Allowance. › Sec. 47.45.400. Long-term care allowance.

(a) The department shall exclude a personal needs allowance of $200 a month from the income calculation made for the reimbursed cost of long-term care facility services, including swing-bed facility services, paid by the department for a person who is a recipient of medical assistance benefits under AS 47.07.020.
(b) The department shall pay a personal needs allowance of $200 a month to a resident of a long-term care facility in the state who is without income or resources.
(c) In this section, “long-term care facility” means an establishment, other than an Alaska Pioneers' Home or an Alaska Veterans' Home, that is
(1) licensed by the department under AS 47.32 as a skilled nursing facility or intermediate care facility; or
(2) owned or operated as a skilled nursing facility or intermediate care facility by the United States, an Indian tribe, or a tribal organization and exempt from state licensure under applicable law.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 55. Alaska Pioneers' Home and Alaska Veterans' Home › Sec. 47.55.030. Rates; agreement to pay.

(a) A person eligible for admission under AS 47.55.020 may, on application, be admitted to the Alaska Pioneers' Home or the Alaska Veterans' Home upon the person's agreement to pay to the state the applicable amount specified in (f) of this section plus charges under (b) of this section. When this agreement is entered into, the department may require security for the payments.
(b) The department may charge a home resident reasonable fees to cover the cost of supplies, medication, equipment, and services provided to the home resident that are not included in the monthly or daily rates specified in (f) of this section.
(c) [Repealed, § 9 ch 23 SLA 2020.]
(d) [Repealed, § 9 ch 23 SLA 2020.]
(e) [Repealed, § 28 ch 90 SLA 1991.]
(f) Except as provided in (b) and (g) of this section, the department may charge a home resident a monthly or daily rate of not more than
(1) $2,976 a month for the provision of level I care;
(2) $5,396 a month for the provision of level II care;
(3) $7,814 a month for the provision of level III care;
(4) $9,333 a month for the provision of level IV care;
(5) a monthly rate the department considers sufficient to compensate the state for the cost of care and support of the home resident for the provision of level V care;
(6) $200 a day for services provided to a home resident who requires the provision of housing, meals, emergency assistance, medication administration, health-related services, recreation, and extensive assistance with activities of daily living for up to eight hours a day between 6:00 a.m. and 6:00 p.m., including meals scheduled during the period the recipient is receiving the services;
(7) $322 a day for room and board provided in a home to a recipient who requires the provision of housing, meals, emergency assistance, medication administration, health-related services, recreation, and extensive assistance with activities of daily living for 24 hours a day for up to 14 consecutive days.
(g) Not later than 90 days after social security benefits are increased under 42 U.S.C. 415(i) (Social Security Act), the department shall adjust the monthly and daily rates in (f) of this section by a percentage equal to the percentage increase in the cost-of-living adjustment provided for the social security benefits. The department may not make any other changes to the rates in (f) of this section.
(h) The department shall by regulation define and establish criteria for each level of care in (f)(1) - (5) of this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 55. Alaska Pioneers' Home and Alaska Veterans' Home › Sec. 47.55.035. Exception to admission criteria.

An applicant for admission to the home who has been a resident of the state for 30 years and is otherwise qualified for admission under AS 47.55.020 may not be disqualified for admission because of absence from the state if the commissioner of family and community services determines the absence was reasonable and admission is consistent with the intent of AS 47.55.010 - 47.55.100.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 55. Alaska Pioneers' Home and Alaska Veterans' Home › Sec. 47.55.040. Transfer of mentally ill residents to an institution.

A person regularly admitted into the Alaska Pioneers' Home or the Alaska Veterans' Home who is found to be insane may be transferred to an institution provided for the care and custody of insane persons for the state in the manner provided by law for the admission of other persons to the institution.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 55. Alaska Pioneers' Home and Alaska Veterans' Home › Sec. 47.55.050. Maintenance funds.

The legislature shall, each session, appropriate the necessary funds for the maintenance of the Alaska Pioneers' Home and the Alaska Veterans' Home to be expended by the department, and the department may receive funds, donations, and bequests from private individuals, societies, or organizations, and funds from the federal government for the support and maintenance of the homes.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 55. Alaska Pioneers' Home and Alaska Veterans' Home › Sec. 47.55.060. Trust fund.

Unless otherwise provided by the donor, money bequeathed to the Alaska Pioneers' Home or the Alaska Veterans' Home constitutes a special trust fund. Unless otherwise provided by the donor, interest from the special trust fund is under the control and at the disposal of the department, and expenditure from it is limited to the benefit and comfort of the residents of the homes.