reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.805. Computation, extension, and expiration of periods of time.

(a) Except as provided in (b) of this section,
(1) computations of a 72-hour evaluation period under AS 47.30.708 or 47.30.715 or a 48-hour detention period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any period of time necessary to transport the respondent to the treatment facility, except that if the exclusion of Saturdays, Sundays, and legal holidays from the computation of a 72-hour evaluation period or 48-hour detention period would result in the respondent being held for longer than 72 hours or 48 hours, as applicable, the period ends at 5:00 p.m. on the next day that is not a Saturday, Sunday, or legal holiday;
(2) a seven-day detention at a crisis residential center expires at the end of the seventh day following the respondent's arrival at the crisis stabilization center or the crisis residential center, whichever is earlier;
(3) a 30-day commitment period expires at the end of the 30th day after the 72 hours following initial acceptance;
(4) a 90-day commitment period expires at the end of the 90th day after the expiration of a 30-day period of treatment;
(5) a 180-day commitment period expires at the end of the 180th day, after the expiration of a 90-day period of treatment or previous 180-day period, whichever is applicable.
(b) When a respondent has failed to appear or been absent through the respondent's own actions contrary to any order properly made or entered under AS 47.30.660 - 47.30.915, the relevant commitment period shall be extended for a period of time equal to the respondent's absence if written notice of absence is promptly provided to the respondent's attorney and guardian, if any, and if, within 24 hours after the respondent has returned to the evaluation or treatment facility, written notice of the corresponding extension and the reason for it is given to the respondent and the respondent's attorney and guardian, if any, and to the court.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 7. Involuntary Admission for Treatment. › Sec. 47.30.815. Limitation of liability; bad faith application a felony.

(a) A person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person under AS 47.30.700 - 47.30.915 is not subject to civil or criminal liability.
(b) The following persons may not be held civilly or criminally liable for detaining a person under AS 47.30.700 - 47.30.915 or for releasing a person under AS 47.30.700 - 47.30.915 at or before the end of the period for which the person was admitted or committed for evaluation or treatment if the persons have performed their duties in good faith and without gross negligence:
(1) an officer of a public or private agency;
(2) the superintendent, the professional person in charge, the professional designee of the professional person in charge, and the attending staff of a public or private agency;
(3) a public official performing functions necessary to the administration of AS 47.30.700 - 47.30.915;
(4) a peace officer or mental health professional responsible for detaining or transporting a person under AS 47.30.700 - 47.30.915.
(c) A person who wilfully initiates an involuntary commitment procedure under AS 47.30.700 without having good cause to believe that the other person is suffering from a mental illness and as a result is gravely disabled or likely to cause serious harm to self or others, is guilty of a felony.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.817. Advance health care directives.

A health care provider or a health care institution may not require or prohibit the execution or revocation of an advance health care directive as a condition for admission, discharge, or providing health care. In this section, “advance health care directive,” “health care institution,” and “health care provider” have the meanings given in AS 13.52.390.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.830. Prohibition of experimental treatments.

(a) Experimental treatments involving any significant risk of physical or psychological harm may not be administered to a patient.
(b) If the personnel of an evaluation or treatment facility are uncertain as to whether a proposed treatment is experimental or is experimental as applied to a particular patient or would involve a significant risk of mental or physical harm to the patient, the matter may be referred to the commissioner for a determination. The patient, the patient's attorney and guardian, if any, and an adult designated by the patient, shall, simultaneously with the referral to the commissioner, be provided with copies of all the documents by which the referral is made and shall have the opportunity to provide evidence to the commissioner on the question.
(c) A determination by the commissioner that a treatment is experimental and entails significant risks of mental or physical harm is binding upon all persons involved in the administration of treatment to a patient.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.833. Nutritional evaluation; right to proper diet.

(a) A treatment facility shall conduct a nutritional evaluation of a person admitted or committed to a treatment facility for evaluation or treatment, whether the person is a voluntary or involuntary patient. The evaluation shall be conducted within the first week after the patient is admitted or committed.
(b) Notwithstanding (a) of this section, a treatment facility is not required to conduct a nutritional evaluation of a patient who is released within 72 hours of arrival.
(c) A patient has the right to a nutritionally sound and medically appropriate diet. After conducting the nutritional evaluation required under (a) of this section, the treatment facility shall take appropriate steps to correct the patient's nutritional deficiencies.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.835. Civil rights not impaired.

(a) A person may not deny to a person who is undergoing evaluation or treatment under AS 47.30.660 - 47.30.915 a civil right, including but not limited to, the right to free exercise of religion and the right to dispose of property, sue and be sued, enter into contractual relationships, and vote. A person who violates this subsection commits the crime of interference with constitutional rights under AS 11.76.110.
(b) Court-ordered evaluation or treatment under AS 47.30.660 - 47.30.915 is not a determination of legal incapacity under AS 13.26.005 - 13.26.580.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.836. Psychotropic medication in non-crisis situation.

(a) An evaluation facility or designated treatment facility may not administer psychotropic medication to a patient in a situation that does not involve a crisis under AS 47.30.838(a)(1) unless the patient
(1) has the capacity to give informed consent to the medication, as described in AS 47.30.837, and gives that consent; the facility shall document the consent in the patient's medical chart;
(2) authorized the use of psychotropic medication in an advance health care directive properly executed under AS 13.52 or authorized an agent or surrogate under AS 13.52 to consent to the use of psychotropic medication for the patient and the agent or surrogate does consent; or
(3) is determined by a court to lack the capacity to give informed consent to the medication and the court approves use of the medication under AS 47.30.839.
(b) Before administering psychotropic medication to a minor patient under this section, a mental health professional shall consult with a parent or guardian of the minor, evaluate the minor for drug withdrawal and medical psychosis caused by currently prescribed drugs or self-medication, and review all available information regarding the minor's family history, diet, medications, and other contributing factors.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.840. Right to privacy and personal possessions; other rights.

(a) A person undergoing evaluation or treatment under AS 47.30.660 - 47.30.915
(1) may not be photographed without the person's consent and that of the person's guardian if a minor, except that the person may be photographed upon admission to a facility for identification and for administrative purposes of the facility; all photographs shall be confidential and may only be released by the facility to the patient or the patient's designee unless a court orders otherwise;
(2) at the time of admission to an evaluation or treatment facility, shall have reasonable precautions taken by the staff to inventory and safeguard the patient's personal property; a copy of the inventory signed by the staff member making it shall be given to the patient and made available to the patient's attorney and any other person authorized by the patient to inspect the document;
(3) shall have access to an individual storage space for the patient's private use while undergoing evaluation or treatment;
(4) shall be permitted to wear personal clothing, to keep and use personal possessions including toilet articles if they are not considered unsafe for the patient or other patients who might have access to them, and to keep and be allowed to spend a reasonable sum of the patient's own money for the patient's needs and comfort;
(5) shall be allowed to have visitors at reasonable times;
(6) shall have ready access to letter writing materials, including stamps, and have the right to send and receive unopened mail;
(7) shall have reasonable access to a telephone, both to make and receive confidential calls;
(8) has the right to be free of corporal punishment;
(9) has the right to reasonable opportunity for indoor and outdoor exercise and recreation;
(10) has the right, at any time, to have a telephone conversation with or be visited by an attorney;
(11) may not be retaliated against or subjected to any adverse change of conditions or treatment solely because of assertion of rights under this section;
(12) who is a minor or an adult for whom a guardian has been appointed may not be transferred from a crisis stabilization center, evaluation facility, or treatment facility to a different crisis stabilization center, evaluation facility, or treatment facility before the center or facility makes a good faith attempt to notify the parent or guardian of the person, as applicable, of the proposed transfer.
(b) The patient's rights under (a)(4), (5), (7) and (9) of this section may be suspended temporarily, following the initial evaluation period, if the professional person in charge of the patient determines that granting the patient those rights will pose a threat to the safety or well-being of the patient or others.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.845. Confidential records.

Information and records obtained in the course of a screening investigation, evaluation, examination, or treatment are confidential and are not public records, except as the requirements of a hearing under AS 47.30.660 - 47.30.915 may necessitate a different procedure. Information and records may be copied and disclosed under regulations established by the department only to
(1) a physician or a provider of health, mental health, or social and welfare services involved in caring for, treating, or rehabilitating the patient;
(2) the patient or an individual to whom the patient has given written consent to have information disclosed;
(3) a person authorized by a court order;
(4) a person doing research or maintaining health statistics if the anonymity of the patient is assured and the facility recognizes the project as a bona fide research or statistical undertaking;
(5) the Department of Corrections in a case in which a prisoner confined to the state prison is a patient in the state hospital on authorized transfer either by voluntary admission or by court order;
(6) a governmental or law enforcement agency when necessary to secure the return of a patient who is on unauthorized absence from a facility where the patient was undergoing evaluation or treatment;
(7) a law enforcement agency when there is substantiated concern over imminent danger to the community by a presumed mentally ill person;
(8) the department in a case in which services provided under AS 47.30.660 - 47.30.915 are paid for, in whole or in part, by the department or in which a person has applied for or has received assistance from the department for those services;
(9) the Department of Public Safety as provided in AS 47.30.907; information provided under this paragraph may not include diagnostic or clinical information regarding a patient.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.847. Patients' grievance procedures.

(a) A patient has the right to bring grievances about the patient's treatment, care, or rights to an impartial body within an evaluation facility or designated treatment facility.
(b) An evaluation facility and a designated treatment facility shall have a formal grievance procedure for patient grievances brought under (a) of this section. The facility shall inform each patient of the existence and contents of the grievance procedure.
(c) An evaluation facility and a designated treatment facility shall have a designated staff member who is trained in mental health consumer advocacy who will serve as an advocate, upon a patient's request, to assist the patient in bringing grievances or pursuing other redress for complaints concerning care, treatment, and rights.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.850. Sealing records.

Following the discharge of a person from a treatment facility or the issuance of a court order denying a petition for commitment, the person may at any time move to have all court records pertaining to the proceedings sealed on condition that the person file a full release of all claims of whatever nature arising out of the proceedings and the statements and actions of persons and facilities in connection with the proceedings. Upon the filing of the motion and full release, the court shall order the court records sealed.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.851. Relief from legal disability.

(a) A person who is prohibited from possessing a firearm or ammunition under 18 U.S.C. 922(g)(4) as a result of an involuntary commitment or an adjudication of mental illness or mental incompetence that occurred in this state may, at any time, move to be relieved from the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence.
(b) In ruling on a motion under (a) of this section, the court
(1) shall consider
(A) the circumstances of the involuntary commitment or adjudication of mental illness or mental incompetence;
(B) the time that has elapsed since the involuntary commitment or adjudication of mental illness or mental incompetence;
(C) the person's reputation and mental health and criminal history records;
(D) any conduct by the person that would constitute a crime against a person under AS 11.41 or a violation of AS 11.61.190 - 11.61.250; and
(E) any changes in the person's condition or circumstances relevant to the relief sought; and
(2) shall grant relief from the disability resulting from an involuntary commitment or adjudication of mental illness or mental incompetence if the court finds, by a preponderance of the evidence, that
(A) the person is unlikely to act in a manner dangerous to self or to public safety; and
(B) granting the relief is not contrary to the public interest.
(c) The court shall order a hearing conducted under (b) of this section to be held open or closed to the public at the option of the person.
(d) A decision to grant or deny relief under this section may be appealed as provided in AS 22.05.010. In reviewing the decision of the superior court, the standard of review may be de novo.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.855. Posting of rights.

The rights set out in AS 47.30.817 - 47.30.855 shall be prominently posted in all treatment facilities in places accessible to all patients. A patient who does not understand English shall have the patient rights explained in a language the patient understands.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.860. Documents and notices in other languages.

When practicable, all documents and notices required by AS 47.30.660 - 47.30.915 to be served on a respondent, or on the respondent's parents, guardian or adult designee, shall be explained in a language the person understands if the respondent is not competent in English.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 8. Patient Rights. › Sec. 47.30.865. Discrimination prohibited.

(a) The fact that a person is or has been evaluated or treated for mental illness may not be a basis for discrimination in
(1) seeking employment;
(2) resuming or continuing professional practice or previous occupation;
(3) obtaining or retaining housing;
(4) obtaining or retaining licenses or permits, including but not limited to a motor vehicle license, motor vehicle operator's and chauffeur's license, and a professional or occupational license.
(b) Applications for positions, licenses, and housing may not contain requests for information concerning evaluation or treatment experiences.
(c) A person may not aid, abet, incite, compel, or coerce the doing of an act forbidden under this section or attempt to do so.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.870. Transportation.

When a person is to be involuntarily committed to a facility, the department shall arrange, and is authorized to pay for, the person's necessary transportation to the designated facility accompanied by appropriate persons and, if necessary, by a peace officer. The department shall pay return transportation of a person, the person's escorts, and, if necessary, a peace officer, after a determination that the person is not committable, at the end of a commitment period, or at the end of a voluntary stay at a treatment facility following an evaluation conducted in accordance with AS 47.30.715. When advisable, one or more relatives or friends shall be permitted to accompany the person. The department may pay necessary travel, housing, and meal expenses incurred by one relative or friend in accompanying the person if the department determines that the person's best interests require that the person be accompanied by the relative or friend and the relative or friend is indigent.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.875. Residence; nonresident patients; interstate agreements.

(a) The admission papers of a person who is admitted to a treatment facility under AS 47.30.660 - 47.30.915 must include a statement as to the person's residence. The department may return a patient who is not a resident of the state to the state of the person's residence with court approval if the person has been committed. If the state in which the person has residence does not accept the person as a patient, the person shall be treated as a resident of this state under the provisions of AS 47.30.660 - 47.30.915.
(b) To facilitate the return of nonresident patients the department may enter into a reciprocal agreement or compact with another state providing for the prompt return under appropriate supervision of residents of that state who are mentally ill. A mentally ill resident of this state who has been placed in a facility outside this state may be admitted with the approval of the department to a treatment facility in the state designated by the department. The department may enter into reciprocal agreements or contracts with another state providing for custody, care or treatment, or return of mentally ill residents of this state by the other state and for the custody and care or treatment of mentally ill residents of that state by this state on a reimbursable basis. A resident of this state who has been committed in another state and is returned in accordance with this section shall, within 72 hours of admission to the designated facility, be examined. After examination the mental health professional in charge shall release the person or shall petition for involuntary commitment as prescribed in AS 47.30.740.
(c) In taking action under (a) and (b) of this section, consideration shall be given to the best interests of the patient, particularly to the relationship of the patient to the patient's family, legal guardian, or friends to maintain relationships and encourage visits beneficial to the patient.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.880. Interstate Compact on Mental Health ratified.

This state ratifies and adopts by reference “The Interstate Compact on Mental Health” consisting of 14 articles approved on September 30, 1955, by the Northeast State Governments Conference on Mental Health. The department is designated as compact administrator with full power to carry out the purpose of the compact and to adopt all necessary regulations to implement the compact.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.885. Rights outside state.

Nothing in AS 47.30.660 - 47.30.915 alters or impairs the application or availability to a patient, while hospitalized in another state under contractual arrangements entered in accordance with AS 47.30.660 - 47.30.915, of the rights, remedies, or safeguards provided by the laws of this state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.890. Provision for personal needs upon discharge.

The department shall ensure that
(1) a patient is not discharged from a treatment facility without suitable clothing; and
(2) a discharged indigent patient is furnished
(A) suitable transportation to the patient's permanent residence in this state or to another suitable place at the discretion of the department; and
(B) a reasonable amount of money to meet the patient's immediate needs.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.895. Disposition of unclaimed property; recovery of personal property.

(a) Those unclaimed articles of personal property that are covered by AS 34.45.110 - 34.45.260 and the unclaimed money in the custody of a treatment facility that belong to a patient who dies before discharge, or to a patient who leaves the hospital without authority, if unclaimed by the patient or the legal heirs or representatives of the patient within one year after the patient's death or departure, shall be disposed of in accordance with AS 34.45.110 - 34.45.780, and the other articles of the patient's personal property shall be disposed of in the manner prescribed by the department and the proceeds deposited in the general fund.
(b) If a mentally ill individual has died in a foreign facility and the department desires to recover the patient's personal property under this section, the commissioner or the commissioner's designated representative may secure the property and for that purpose only is designated the decedent's administrator. Property so recovered shall be disposed of as provided by law.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.900. Diligent inquiry; personal property delivery and claims.

The department shall make diligent inquiry in every instance after departure without authority or death of a patient, to ascertain the whereabouts of the patient or that of the patient's legal heirs or representatives, and shall turn over to the proper person the money or articles of personal property in the custody of the facility to the credit of the patient. Claims to the money or articles of personal property, including claims by the state, may be presented to the department at any time. If a claim other than by the state is established by clear and convincing evidence more than one year after the death or departure without authority of a patient, it shall be certified to the legislature for consideration and the legislature may pay the claim.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.905. Fees and expenses for judicial proceedings.

(a) The witnesses, expert witnesses, and the jury in commitment proceedings under AS 47.30.660 - 47.30.915 are entitled to the fees, compensation, and mileage established by the administrative rules of court for other jurors and witnesses. Compensation, mileage, fees, transportation expenses for a respondent, and other expenses arising from evaluation and commitment proceedings shall be audited and allowed by the superior court of the judicial district in which the proceedings are held. To the extent that services of a peace officer are used to carry out the provisions of AS 47.30.660 - 47.30.915, the officer is entitled to fees and actual expenses from the same source and in the same manner as for the officer's other official duties.
(b) An attorney appointed for a person under AS 47.30.660 - 47.30.915 shall be compensated for services as follows:
(1) the person for whom an attorney is appointed shall, if the person is financially able under standards as to financial capability and indigency set by the court, pay the costs of the legal services;
(2) if the person is indigent under those standards, the costs of the services shall be paid by the state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 30. Mental Health › Article 9. Miscellaneous Provisions. › Sec. 47.30.907. Report to Department of Public Safety.

(a) Notwithstanding AS 47.30.845, when a superior court orders the involuntary commitment of a person under AS 47.30.735 - 47.30.755 or when relief from a disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence is granted under AS 47.30.851(b), the court shall immediately transmit the following information, if known, to the Department of Public Safety:
(1) the person's
(A) name, date of birth, and address;
(B) aliases;
(C) social security number;
(D) driver's license or state identification card number;
(2) the date of the order and whether the order is
(A) an involuntary commitment; or
(B) relief from the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence;
(3) the statutory authority for the involuntary commitment or the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence;
(4) whether the person was offered an opportunity to be heard and represented by counsel in the involuntary commitment proceeding or adjudication of mental illness or mental incompetence; and
(5) any other information required by the Department of Public Safety or by the United States Department of Justice for inclusion in the National Instant Criminal Background Check System established under P.L. 103-159, 107 Stat. 1536 (Brady Handgun Violence Prevention Act).
(b) This section does not apply to initial involuntary commitment procedures, emergency detention for evaluation, or hospitalization for examination under AS 47.30.700 - 47.30.715 if the person is released under AS 47.30.720.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.010. Eligibility for assistance.

(a) The department shall provide financial assistance under this chapter to a patient who
(1) does not have the available means to pay or substantially contribute to the payment of charges assessed by a facility;
(2) has no other third party to pay for the evaluation or treatment provided under AS 47.30; and
(3) meets the criteria in this chapter.
(b) To be eligible for assistance under this chapter, a patient must have
(1) been admitted for inpatient evaluation or treatment at an evaluation facility or a designated treatment facility other than a state-operated hospital after either
(A) an involuntary commitment under AS 47.30.700 - 47.30.915; or
(B) a voluntary admission chosen by the patient after a determination by the patient's treating physician that the patient meets the involuntary commitment criteria in AS 47.30.700 - 47.30.915 and that involuntary commitment proceedings would be initiated if the patient did not choose to be admitted voluntarily; and
(2) a gross monthly household income that does not exceed 185 percent of the federal poverty guideline for this state for the calendar month in which service was provided.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.015. Application for assistance.

(a) To receive assistance under this chapter, a patient or a patient's legal representative must apply in writing on a form provided by the department. A patient must apply for assistance within 180 days after the date of discharge from the facility.
(b) A patient is considered to have applied for assistance under (a) of this section if the evaluation facility or designated treatment facility notifies the department on a form provided by the department that there is good cause to believe that the patient would be eligible for assistance under this chapter and
(1) the patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age failed within 150 days after the date of discharge from the facility to make arrangements to pay the evaluation facility or designated treatment facility; or
(2) the patient lacks the mental capacity to apply for benefits under this chapter.
(c) A patient who applies or is considered to have applied for assistance under this chapter, the patient's spouse, the patient's parent if the patient is under 18 years of age, or a person in the patient's household shall release records and information to the department necessary to verify eligibility for the assistance.
(d) If a patient, the patient's spouse, the patient's parent if the patient is under 18 years of age, or a person in the patient's household fails to provide records and information to the department necessary to verify eligibility, the department may issue an administrative order imposing full liability for the patient's cost of care and treatment to the evaluation facility or designated treatment facility.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.020. Decision on eligibility.

(a) Within 30 days after receiving a complete application, the department shall give notice in writing of an eligibility determination to the patient or the patient's legal representative. If the patient is found ineligible, the notice must contain the reason for the denial and an explanation of the patient's right to an administrative appeal of the denial.
(b) The department shall provide a copy of the notice of eligibility or ineligibility to the facility at which the patient was treated.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.025. Eligible services; rates.

The department shall identify the type and level of services for which assistance is available under this chapter. An evaluation facility or a designated treatment facility shall be reimbursed at a rate established by the department that is equivalent to the Medicaid rate for that facility at the time service was rendered as determined under AS 47.07.070.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.030. Payment.

If the department determines that a patient is eligible for assistance under this chapter, the department shall provide for payment of assistance directly to the facility. By endorsing the check received from the department or authorizing the endorsement by the facility's agent, the facility certifies that the claim for which the check is payment is true and accurate unless written notice of an error is sent to the department by the facility within 30 days after the date the check is presented by the facility for payment.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.032. Access to records and information by the department.

The department is authorized to review, obtain, and copy confidential and other records and information about the patients who were eligible for or were provided financial assistance under this chapter to evaluate compliance with this chapter. The department may obtain the records and information from the patient or directly from the evaluation facility or the designated treatment facility. Records obtained by the department under this section are medical records, shall be handled confidentially, and are exempt from public inspection and copying under AS 40.25.110 - 40.25.120.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.035. Appeals.

(a) A patient or the patient's legal representative may appeal a denial of assistance by sending written notice of objection to the department within 30 days after the date of the notice of denial. The written notice of objection must include an explanation of the reasons for the objection and may include documentation supporting the objection. AS 44.62 (Administrative Procedure Act) does not apply to the appeal.
(b) The commissioner or the commissioner's designee shall review the notice of objection and issue a decision within 90 days after its receipt. The commissioner or the commissioner's designee may request additional information on the appeal from either the patient, the evaluation facility or designated treatment facility, or department staff. A request for additional information suspends the time period for the appeal until the department determines that the additional information has been received. If more than 180 days have passed from the date of submission of a notice of appeal and the additional information requested by the commissioner or the commissioner's designee has not been received from a patient, the evaluation facility, the designated treatment facility, or the department, the appeal shall be considered denied.
(c) The decision on the appeal under (b) of this section, including an appeal denied for failure to submit additional information, is a final agency decision and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 31. Mental Health Treatment Assistance Program › Sec. 47.31.100. Definitions.

In this chapter, unless the context otherwise requires,
(1) “commissioner” means the commissioner of family and community services;
(2) “department” means the Department of Family and Community Services
(3) “designated treatment facility” has the meaning given in AS 47.30.915;
(4) “evaluation facility” means a health care facility that has been designated by the department to perform the evaluations described in AS 47.30.670 - 47.30.915, including a facility licensed under AS 47.32 or operated by the federal government;
(5) “gross monthly household income” means all earned or unearned income from any source of a member of the patient's household;
(6) “household” means a patient and each person
(A) residing with the patient; and
(B) related to the patient by marriage or other legal relationship giving rise to a duty of support and maintenance;
(7) “mental illness” has the meaning given in AS 47.30.915.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.010. Purpose and applicability.

(a) The purpose of this chapter is to establish centralized licensing and related administrative procedures for the delivery of services in this state by the entities listed in (b) and (c) of this section. These procedures are intended to promote safe and appropriate services by setting standards for licensure that will reduce predictable risk; improve quality of care; foster individual and patient rights; and otherwise advance public health, safety, and welfare.
(b) The following entities are subject to this chapter and regulations adopted under this chapter by the Department of Health:
(1) ambulatory surgical centers;
(2) assisted living homes;
(3) child care facilities;
(4) freestanding birth centers;
(5) home health agencies;
(6) hospices, or agencies providing hospice services or operating hospice programs;
(7) hospitals;
(8) intermediate care facilities for individuals with an intellectual disability or related condition;
(9) maternity homes;
(10) nursing facilities;
(11) residential child care facilities;
(12) residential psychiatric treatment centers;
(13) rural health clinics;
(14) subacute mental health facilities.
(c) The following entities are subject to this chapter and regulations adopted under this chapter by the Department of Family and Community Services:
(1) child placement agencies;
(2) foster homes;
(3) runaway shelters.
(d) The provisions of AS 47.05.300 - 47.05.390, regarding criminal history, criminal history checks, criminal history use standards, and civil history databases, apply to entities listed in (b) and (c) of this section, as provided in AS 47.05.300.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.020. Requirement to obtain a license; exemption.

(a) An entity may not operate a facility described in AS 47.32.010(b) or (c) without first obtaining a license under this chapter unless the entity is exempt under regulations adopted under AS 47.32.030 or is exempt under (c) of this section.
(b) If an entity encompasses more than one type of activity listed in AS 47.32.010(b) or (c), the entity shall apply for and receive a separate license under this chapter from either the Department of Health or the Department of Family and Community Services before operating that type of activity unless exempt under regulations adopted by the applicable department under AS 47.32.030.
(c) If a nonprofit organization operates a program that assists parents to find temporary care for a child, the nonprofit organization is exempt from the licensing and other requirements of this chapter when operating the program.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.032. Foster care license; variance.

(a) The department shall streamline the application and licensing paperwork necessary for a person to be approved as a foster parent or relative placement to the extent consistent with federal law.
(b) The department shall approve a variance of the applicable building code requirements for licensure of a foster care home to the extent permitted by federal law if an applicant does not meet the requirements at the time of inspection and
(1) the home design and construction is consistent with homes located in the community; and
(2) the home is otherwise a safe environment for a child.
(c) To the extent feasible, the department shall approve or deny a foster care home license, including a request for a variance under this section, not more than 45 days after the date the department receives the application for a foster care home license. If it is not feasible to approve or deny a foster care home license not more than 45 days after receiving the application, a supervisory-level employee may authorize a longer period of time for the decision, but the period must be the shortest period feasible.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.040. Application for license.

A person shall apply to the applicable department for a license under this chapter. The application must be made to the applicable department on a form provided by that department or in a format approved by that department, and must be accompanied by
(1) any fee established by regulation; and
(2) documents and information required by regulation.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.050. Provisional license; biennial license.

(a) After an entity submits an application under AS 47.32.040, the department with licensing authority over that entity may issue a provisional license. Before issuing a provisional license, the department must conduct an inspection and investigation to determine that the application and the entity meet the requirements of this chapter, regulations adopted under this chapter, and any other applicable statutes or regulations. A provisional license is valid for a period not to exceed one year, except that the authorizing department may extend a provisional license for one additional period not to exceed one year.
(b) Before expiration of a provisional license issued under (a) of this section, the authorizing department shall inspect and investigate the entity to determine whether the entity is operating in compliance with this chapter, regulations adopted under this chapter, and any other applicable statutes or regulations. After inspection and investigation under this subsection and before expiration of a provisional license, the authorizing department shall issue a biennial license for the entity if the department finds that
(1) the entity meets the requirements for biennial licensure established in this chapter, regulations adopted under this chapter, and other applicable statutes and regulations;
(2) a ground for nonrenewal of a license does not exist; and
(3) any applicable fee has been paid.
(c) The department issuing a license may place one or more conditions on a provisional or biennial license issued under this section in order to further the purposes of this chapter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.060. License renewal.

(a) At least 90 days before expiration of a biennial license, a licensed entity that intends to remain licensed shall submit an application for renewal of the license on a form provided by the applicable department or in a format approved by the applicable department, accompanied by
(1) all documents and information identified in regulation as being required for renewal of the license; and
(2) any fee established by regulation.
(b) Before expiration of a biennial license, the authorizing department or its representative may inspect an entity that is the subject of a renewal application to determine whether the entity is operating in compliance with this chapter, regulations adopted under this chapter, and other applicable statutes or regulations. After any inspection and investigation under this subsection and before expiration of the biennial license, the authorizing department shall renew a biennial license if the department finds that
(1) the licensed entity meets the requirements for renewal;
(2) a ground for nonrenewal of a license does not exist; and
(3) any applicable fee has been paid.
(c) If an application for renewal of a license is submitted but the authorizing department is unable to complete its review of the application before the expiration of the biennial license, the license is automatically extended for six months or until the department completes its review and either approves or denies the application, whichever occurs earlier.
(d) The authorizing department may place one or more conditions on a renewed license issued under this section to further the purposes of this section.
(e) The department shall adopt regulations establishing the grounds for nonrenewal of a license for each entity that department licenses under AS 47.32.010 for purposes of AS 47.32.050 and this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.070. Notice of denial or conditions; appeal.

(a) If the applicable department denies an application for or places conditions on a provisional or biennial license or license renewal, that department shall provide the applicant or entity with a notice of the action by certified mail. The notice must contain a written statement of the reason for the action and information about requesting a hearing under (b) of this section.
(b) An applicant or entity that receives a notice of action under (a) of this section may appeal the department's decision by requesting a hearing within 15 days after receipt of the notice. The appeal must be on a form provided by the applicable department or in a format approved by the applicable department.
(c) In considering whether to deny an application for or place a condition on a license, the department reviewing the application shall consider the licensing history of the applicant, including any enforcement action under this chapter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.080. Posting; license not transferable.

(a) A license issued under this chapter shall be posted in a conspicuous place on the licensed premises. Any notice of a variance issued by the authorizing department shall be posted near the license.
(b) A license issued under this chapter is not transferable unless authorized by the authorizing department.