reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.090. Complaints; investigation; retaliation.

(a) A person who believes that an entity has violated an applicable statute or regulation or a condition of a license issued under this chapter may file a verbal or written complaint with the department that has licensing authority for that type of entity under AS 47.32.010.
(b) The department with licensing authority under (a) of this section may investigate a complaint filed under this section. The department with licensing authority under (a) of this section may decline to investigate a complaint if that department reasonably concludes and documents that the complaint is without merit based on information available to that department at the time of the complaint. The department with licensing authority under (a) of this section may consolidate complaints if that department concludes that a single investigation would further the efficient administration of this chapter.
(c) A licensed entity may not take retaliatory action against a person who files a complaint. Except as provided in AS 47.05.350 and AS 47.32.160, a complainant against whom a retaliatory action has been taken may recover treble damages in a civil action upon a showing that the action was taken in retaliation for the filing of a complaint.
(d) The department with licensing authority under (a) of this section may investigate an employee, contractor, or volunteer of a licensed entity and may substantiate that the individual engaged in conduct that would significantly affect the health, safety, or welfare of an individual who is receiving a service from the entity. If the conduct is substantiated against an employee, contractor, or volunteer, the investigating department shall issue a notice of the finding to the person and include the person in the appropriate civil history database identified under AS 47.05.330. Before a substantiated finding against an employee, contractor, or volunteer may be included in a civil history database and provided as part of a check under AS 47.05.325, the department that made the finding shall provide the applicant notice of the finding and an opportunity to appeal the finding. The Department of Health and the Department of Family and Community Services shall adopt regulations to implement this subsection for the entities licensed by that department. In this subsection, “volunteer” includes an individual placed in a facility for training, educational, or internship purposes.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.100. Cooperation with investigation.

An entity shall cooperate with an investigation initiated by the department with licensing authority for that entity under AS 47.32.010. An investigated entity shall
(1) permit representatives of the investigating department to inspect the entity; review records, including files of individuals who received services from the entity; interview staff; and interview individuals receiving services from the entity; and
(2) upon request, provide the investigating department with information and documentation regarding compliance with applicable statutes and regulations.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.110. Right of access and inspection.

(a) A designated agent or employee of a department with licensing authority under AS 47.32.010 shall have right of access to an entity within that department's licensing authority
(1) to determine whether an application for licensure or renewal is appropriate;
(2) to conduct a complaint investigation;
(3) to conduct a standard inspection;
(4) to inspect documents, including personnel records, accounts, the building, or the premises;
(5) to interview staff or residents; or
(6) if the department with licensing authority for that entity has reasonable cause to believe that the entity is operating in violation of this chapter or the regulations adopted under this chapter.
(b) If an entity denies access to an agent or employee of the department with licensing authority for that entity under AS 47.32.010, the department may petition the court for an order permitting access, or the department may seek to revoke the entity's license under AS 47.32.140.
(c) Upon petition of the department with licensing authority for the entity under AS 47.32.010 and after a hearing held upon reasonable notice to the entity, the court shall issue an order to an officer or employee of that department authorizing the officer or employee to enter for any of the purposes described in (a) of this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.120. Report.

(a) Within 10 working days after completing an investigation or inspection under AS 47.32.090 - 47.32.110, the department that conducted the investigation or inspection shall prepare a report of the results of the investigation or inspection and mail a copy of the report to the entity. The report shall include a description of
(1) any violation, including a citation to each statute or regulation that has been violated; and
(2) any enforcement action the department intends to take under AS 47.32.130 or 47.32.140.
(b) An entity that receives a copy of a report under this section may submit a written response to the report to the department that prepared the report. The applicable department may require an entity to submit a response to a report received under this section.
(c) Within 14 days after the entity receives a copy of the report under this section, upon request of the complainant, the department that prepared the report shall provide a copy of the report to the complainant.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.130. Enforcement action: immediate revocation or suspension.

(a) If the applicable department's report of investigation or inspection under AS 47.32.120 concludes that the department with licensing authority for the entity under AS 47.32.010 has reasonable cause to believe that a violation of an applicable statute or regulation has occurred that presents an immediate danger to the health, safety, or welfare of an individual receiving services from the entity, the department with licensing authority, without an administrative hearing and without providing an opportunity to cure or correct the violation, may immediately revoke or suspend the entity's license or, if the entity is not licensed under this chapter, may revoke the entity's ability to become licensed under this chapter or to provide services as an entity exempted under this chapter. A suspension or revocation under this subsection takes effect immediately upon initial notice to the entity from the applicable department, is in addition to any enforcement action under AS 47.32.140, and continues until a final determination under (c) of this section or AS 47.32.150.
(b) Notice under this section shall be provided as follows:
(1) the department with licensing authority shall provide initial notice to the entity at the time the department determines that an immediate suspension or revocation is required; initial notice may be oral, except that, if an entity representative is not present at the entity, the department shall post written notice on the front door of the entity; the initial notice must provide information regarding the entity's appeal rights;
(2) the department with licensing authority shall provide formal written notice to the entity within 14 working days after the immediate revocation or suspension decision; formal written notice must include
(A) a copy of the applicable department's report under AS 47.32.120, a statement of the entity's right to submit a written response to the report, and any regulatory requirement that the entity submit a written response to the report;
(B) a description of any enforcement action the department with licensing authority intends to take under AS 47.32.140(d) or (f); and
(C) information regarding the entity's appeal rights.
(c) An entity to which a notice has been provided under this section may appeal the applicable department's decision to impose the enforcement action, including an enforcement action the department with licensing authority intends to take under AS 47.32.140(d) or (f), by filing a written request for a hearing, on a form provided by the applicable department, within 15 days after receipt of the notice. If a hearing is not timely requested under this subsection, the notice provided under (b) of this section constitutes a final administrative order for which the applicable department may seek the court's assistance in enforcing.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.150. Hearings.

(a) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.32.130(a) or 47.32.140(d)(3), (5), (6), (7), or (9), the applicable department shall request the chief administrative law judge appointed under AS 44.64.020 to appoint an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing conducted under this section. AS 44.62.330 - 44.62.630 and AS 44.64.060 apply to the hearing.
(b) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.05.310, AS 47.32.070, or 47.32.140(d)(1), (2), (4), (8), (10), (11), or (12) or (f), the applicable department shall conduct a hearing in front of an officer appointed by the commissioner. A hearing under this subsection may be conducted on the record, in an informal manner, and may not be conducted under AS 44.62 or AS 44.64. The appointed hearing officer may be a state employee.
(c) The decision following a hearing conducted under (a) or (b) of this section constitutes a final agency administrative order.
(d) A hearing conducted under this section shall take place within 120 days after the applicable department's receipt of the request for hearing. A hearing may be held on an expedited basis upon a showing of good cause. An expedited hearing shall be held within 60 days after the applicable department's receipt of the request for a hearing.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.160. Immunity.

(a) The Department of Health and the Department of Family and Community Services and the employees and agents of both departments are not liable for civil damages as a result of an act or omission in the licensure process, the monitoring of a licensed entity, or any activities under this chapter.
(b) A volunteer who works for a hospice program licensed under this chapter is not liable for damages for personal injury, wrongful death, or property damage for an act or omission committed in the course of hospice-related duties unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.170. Criminal penalty.

A person who intentionally or with criminal negligence violates a provision of this chapter or a regulation adopted under this chapter related to the health and safety of persons served by an entity required to comply with this chapter is guilty of a class B misdemeanor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.180. Confidentiality; release of certain information.

(a) Except as otherwise provided by law, the following are confidential and may not be disclosed to the public without a court order: complaints; investigations; inspections; records related to a complaint, investigation, or inspection; and the identity of a complainant and of individuals receiving services from an entity.
(b) With the exception of information that identifies a complainant or a recipient of services from an entity, a copy of a department's report of investigation or inspection under AS 47.32.120, an entity's written response to the report, and information regarding a department's imposition of an enforcement action under AS 47.32.130 or 47.32.140 are public records under AS 40.25.100 - 40.25.295. The departments shall make this information available to the public for inspection and copying within time frames specified in AS 40.25.100 - 40.25.295 or regulations adopted under AS 40.25.100 - 40.25.295 after the
(1) entity receives its copy of the report of investigation under AS 47.32.120, if the applicable department has determined that an enforcement action under AS 47.32.130 or 47.32.140 will not be taken regarding the entity;
(2) applicable department's notice of enforcement action under AS 47.32.130 or 47.32.140 becomes a final administrative order without a hearing under AS 47.32.130(c) or 47.32.140(i); or
(3) issuance of a decision following a hearing under AS 47.32.150.
(c) Notwithstanding any other provision of law, a department conducting a licensing investigation under this chapter may, upon request, share information obtained during the investigation with a law enforcement agency that is investigating a crime that is the subject of the licensing investigation.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.190. Access to information.

Notwithstanding any contrary provision of law, the divisions of each department assigned to implement this chapter shall have access to any information compiled or retained by other divisions of that department, regardless of the nature of the information or whether the information is considered confidential, in order to assist in administering the provisions of this chapter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 32. Centralized Licensing and Related Administrative Procedures › Sec. 47.32.200. Notices required of entities.

(a) An entity shall provide the department with licensing authority for that entity with written notice of a change of mailing address at least 14 days before the effective date of the change.
(b) An entity shall notify the department with licensing authority for that entity within 24 hours after having knowledge that an administrator, employee, volunteer, or household member, as required by the type of entity under department regulations, has been
(1) convicted of, has been charged by information or complaint with, or is under indictment or presentment for an offense listed in regulations adopted under AS 47.05.310 or a law or ordinance of this or another jurisdiction with similar elements; or
(2) found to have neglected or abused a child as described in AS 47.10.
(c) An entity shall notify the department with licensing authority for that entity within 24 hours after having knowledge of any allegation or suspicion of abuse, neglect, or misappropriation of money or other property of an individual receiving services from the entity. The entity shall conduct an investigation and make a written report to that department within five days following notification to the department under this subsection.
(d) Not less than 20 days before the effective date of a decision to relinquish the entity's license, the entity shall notify the department with licensing authority for that entity of the decision.
(e) Not more than one day after signing a contract for sale of the licensed entity, the entity shall notify the department with licensing authority for that entity of the sale.
(f) Not less than 30 days before an entity wishes to change the location of the entity, the entity shall notify the department with licensing authority for that entity of the change.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.005. Purpose.

The purpose of this chapter is to
(1) contribute to the development of a system of care by encouraging the establishment of assisted living homes that provide a homelike environment for elderly persons and persons with a mental or physical disability who need assistance with the activities of daily living;
(2) promote the establishment of homes that help
(A) the elderly to age in place; and
(B) adults with a physical or mental disability to become integrated into the community and to reach their highest level of functioning;
(3) establish standards that will protect residents of assisted living homes, while at the same time promoting an environment that will encourage resident growth and independence, without discouraging the establishment and continued operation of those homes;
(4) require that a resident of an assisted living home have an assisted living plan that identifies the services that will be used to meet the resident's reasonable wants and needs; and
(5) provide a resident of an assisted living home, or the resident's representative, with the opportunity to participate to the fullest extent possible in the design and implementation of the resident's assisted living plan and in any decisions involving the resident's care.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.010. Applicability.

(a) Except as provided in (b) of this section, this chapter applies to assisted living homes, as defined in AS 47.32.900.
(b) Notwithstanding (a) of this section, this chapter does not apply to
(1) a correctional facility;
(2) a facility for treatment of alcoholism that is regulated under AS 47.37;
(3) an emergency shelter;
(4) a medical facility, including a nursing home, licensed under AS 47.32;
(5) a program for runaway minors licensed under AS 47.10.310; or
(6) a maternity home licensed under AS 47.32.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.030. Advance payments.

(a) An assisted living home may not require a resident or prospective resident of the home or a resident or prospective resident's representative, to make an advance payment to the home except as security for performance of the contract or as advance rent for the immediately following rental period as the rental period is defined in the contract. If a home requires a resident or prospective resident to make an advance payment for security or as advance rent,
(1) the home shall promptly deposit the money in a designated trust account in a financial institution, separate from other money and property of the home;
(2) the home may not represent on a financial statement that the advance payment money is part of the assets of the home;
(3) the advance payment money may be used only for the account of the resident;
(4) the home shall notify the resident or the resident's representative, in writing, of the name and address of the depository in which the advance payment money is being held; and
(5) the home shall provide to the resident or the resident's representative the terms and conditions under which the advance payment money may be withheld by the home.
(b) An assisted living home shall establish a written policy for the refund of unused advance payments in the event of termination of a residential services contract or death of a resident. The policy must provide that a resident is entitled to a prorated refund of the unused portion of an advance payment, less reasonable charges for damages to the home resulting from other than normal use.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.040. Residents' money.

(a) Except for advance payments under AS 47.33.030, an assisted living home may not require a resident of the home to deposit with the home money that belongs to the resident. The provisions of (b) of this section do not apply to money that constitutes an advance payment under AS 47.33.030.
(b) An assisted living home may accept, for safekeeping and management, money that belongs to a resident. The home shall establish a written policy for the management of such money and shall act in a fiduciary capacity with respect to that money, in accordance with regulations adopted by the licensing agency. A home is not required to accept money that belongs to a resident.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.050. Temporary absence.

(a) An assisted living home may agree to reserve space for a resident of the home who is temporarily absent from the home and plans to return to the home. The absent resident, or the resident's representative, shall notify the home in writing if the resident's plan to return to the home changes.
(b) Until the assisted living home receives written notice that an absent resident does not intend to return to the home, the home may charge the resident an agreed-upon daily rate during the resident's absence from the home.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.060. House rules.

(a) An assisted living home may establish house rules. The house rules must be consistent with 42 C.F.R. 441.301(c)(4) and subject to the limitations provided for under this chapter.
(b) An assisted living home shall give a copy of the house rules to a prospective resident or the prospective resident's representative before the prospective resident enters into a residential services contract with the home, and shall post the house rules in a conspicuous place in the home.
(c) House rules may address various issues, including
(1) times and frequency of use of the telephone;
(2) hours for viewing and volume for listening to television, radio, and other electronic equipment that could disturb other residents;
(3) visitors;
(4) movement of residents in and out of the home;
(5) use of personal property;
(6) use of tobacco and alcohol; and
(7) physical, verbal, or other abuse of other residents or staff.
(d) An assisted living home may not adopt a house rule that unreasonably restricts a right of a resident provided for under this chapter or under any other provision of law. A provider of residential supported-living and habilitation services, as determined by the Department of Health in regulation, shall allow visitation consistent with 42 C.F.R. 441.301(c)(4)(vi)(D).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.070. Resident files.

(a) An assisted living home shall maintain, for each resident of the home, a file that includes
(1) the name and birth date, and, if provided by the resident, the social security number of the resident;
(2) the name, address, and telephone number of the resident's closest relative, service coordinator, if any, and representative, if any;
(3) a statement of what actions, if any, the resident's representative is authorized to take on the resident's behalf;
(4) a copy of the resident's assisted living plan;
(5) a copy of the residential services contract between the home and the resident;
(6) a notice, as required under AS 47.33.030, regarding the depository in which the resident's advance payment money is being held;
(7) written acknowledgment by the resident or the resident's representative that the resident has received a copy of and has read, or has been read the
(A) resident's rights under AS 47.33.300;
(B) resident's right to pursue a grievance under AS 47.33.340;
(C) resident's right to protection from retaliation under AS 47.33.350;
(D) provisions of AS 47.32.160, regarding immunity; and
(E) home's house rules;
(8) an acknowledgment and agreement relating to home safekeeping and management of the resident's money, as required by AS 47.33.040;
(9) a copy of the resident's living will, if any, or an advance health care directive made under AS 13.52, if any; and
(10) a copy of a power of attorney or other written designation, including an advance health care directive made under AS 13.52, of an agent, representative, or surrogate by the resident.
(b) An assisted living home shall retain a resident's file for at least one year after the resident terminates residency at the home.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.080. Closure or relocation; change of mailing address.

(a) Not later than 90 days before the voluntary closing or relocation of an assisted living home, the home shall provide written notice of the closure or relocation to the licensing agency, each resident of the home, all representatives of residents, and all service coordinators for residents.
(b) Not later than 14 days before a change of an assisted living home's mailing address, the home shall provide written notice of the change to the licensing agency, each resident of the home, all representatives of residents, and all service coordinators for residents.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 1. Scope; Services; Operations. › Sec. 47.33.090. Rate increase.

An assisted living home may not increase the rate charged for services provided by the home unless the home notifies each resident or the resident's representative of the increase at least 30 days before the increase is to take effect.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 2. Residency; Assisted Living Plans. › Sec. 47.33.200. Commencement of residency.

A person may not begin to reside in an assisted living home without that person's consent, or, if the person is not competent, the consent of the person's representative.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 2. Residency; Assisted Living Plans. › Sec. 47.33.210. Residential services contracts.

(a) A person may not begin residency in an assisted living home unless a representative of the home and either the person or the person's representative sign a residential services contract that complies with the provisions of this section. Upon the signing of the contract, the home shall give the resident and the resident's representative, if any, a copy of the contract and place a copy of the contract in the resident's file.
(b) A residential services contract must
(1) specifically describe the services and accommodations to be provided by the assisted living home;
(2) set out the rates charged by the home;
(3) specifically describe the rights, duties, and obligations of the resident, other than those specified in this chapter;
(4) set out the policies and procedures for termination of the contract as provided for in this chapter;
(5) state the amount and purpose of any advance payments required by the home; and
(6) set out the home's policy for refund of advance payments in the event of termination of the contract or death of the resident.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 2. Residency; Assisted Living Plans. › Sec. 47.33.220. Assisted living plan required.

An assisted living home shall ensure that an assisted living plan for a resident of the home is developed, and approved by the resident or the resident's representative, within 30 days after the resident was admitted to the home. The assisted living plan must be developed by the resident or the resident's representative with participation from
(1) the resident's service coordinator, if any;
(2) representatives of providers of services to the resident; and
(3) the administrator of the home.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 2. Residency; Assisted Living Plans. › Sec. 47.33.240. Evaluation of assisted living plan.

(a) An assisted living home resident or the resident's representative, and the home administrator or the administrator's designee, shall evaluate the resident's assisted living plan, determine whether the plan is meeting the resident's reasonable wants and needs, and revise the plan if necessary. At the request of the resident or the resident's representative, the resident's service coordinator, if any, and family members may participate in the evaluation. If the assisted living home provides or arranges for the provision of health-related services to a resident, the resident's evaluation shall be done at three-month intervals. If the assisted living home does not provide or arrange to provide health-related services to a resident, the resident's evaluation shall be done at least at one-year intervals.
(b) The administrator or the administrator's designee shall
(1) document the results of the evaluation in the resident's record;
(2) sign and date any revisions to the resident's assisted living plan;
(3) place a copy of the revisions in the resident's file; and
(4) provide the resident and the resident's representative, if any, with a copy of the revisions.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 3. Resident's Rights. › Sec. 47.33.310. Notice of rights.

(a) At the time a person begins residency in an assisted living home, the home shall provide the resident and the resident's representative, if any, with a copy of the rights set out in AS 47.33.300. The home shall obtain from the resident or the resident's representative a signed and dated acknowledgement stating that the resident has read or been read the rights, understands the rights, and has had any questions about the rights answered by the home.
(b) An assisted living home shall post in a prominent place in the home
(1) a copy of the rights set out in AS 47.33.300;
(2) the name, address, and phone number of the long term care ombudsman hired under AS 44.25.300 and, if relevant to residents, of the advocacy agency for persons with a developmental disability or mental illness;
(3) the telephone number of an information or referral service for vulnerable adults; and
(4) a copy of the grievance procedure established under AS 47.33.340.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 3. Resident's Rights. › Sec. 47.33.320. Access to assisted living home.

An assisted living home shall allow advocates and the representatives of community legal services programs access to the home at reasonable times to, subject to the resident's consent,
(1) visit with a resident of the home and make personal, social, and legal services available to the resident;
(2) distribute educational and informational materials to advise a resident or resident's representative of applicable rights; and
(3) assist a resident or a resident's representative in asserting legal rights or claims.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 3. Resident's Rights. › Sec. 47.33.330. Prohibitions.

(a) An assisted living home, including staff of the home, may not
(1) deprive a resident of the home of the rights, benefits, or privileges guaranteed to the resident by law;
(2) enter a resident's room without first obtaining permission, except
(A) during regular, previously announced, fire, sanitation, or other licensing inspections;
(B) when a condition or situation presents an imminent danger;
(C) as required by the resident's assisted living plan to provide services specified in the residential services contract; or
(D) for other vital health or safety reasons;
(3) impose religious beliefs or practices upon a resident or require a resident to attend religious services;
(4) place a resident under physical restraint unless the resident's own actions present an imminent danger to the resident or others;
(5) place a resident under chemical restraint; this paragraph does not prevent a resident from voluntarily taking tranquilizers, or other medication, prescribed by a licensed physician;
(6) compel a resident to perform services for the home, except as contracted for by the resident and the home or as provided for in the resident's assisted living plan; or
(7) restrain, interfere with, coerce, discriminate against, or retaliate against a resident for asserting a right specified by this chapter or by other law.
(b) An assisted living home may not physically restrain a resident unless the home has a written physical restraint procedure that has been approved by the licensing agency. The home shall terminate the physical restraint as soon as the resident no longer presents an imminent danger.
(c) An owner, administrator, employee, or agent of an assisted living home may not act as a representative of a resident.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 3. Resident's Rights. › Sec. 47.33.340. Resident grievance procedure.

(a) An assisted living home shall establish a written grievance procedure for handling complaints of residents of the home. At the time a person begins residency in an assisted living home, the home shall give a copy of the grievance procedure to the resident and the resident's representative, if any.
(b) The grievance procedure established under this section must provide that a resident and the resident's representative have the right to
(1) present both a written and an oral explanation of the resident's grievance;
(2) have an advocate of the resident's choice, and the resident's representative, if any, attend meetings concerning the resident's grievance; and
(3) be notified in writing, within 30 days after the filing of the grievance, of the final decision of the home regarding the grievance.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 3. Resident's Rights. › Sec. 47.33.350. Retaliation against home resident.

(a) An assisted living home may not take retaliatory action against a resident of that home if the resident or the resident's representative
(1) exercises a right provided by this chapter or by other law;
(2) appears as a witness, or refuses to appear as a witness, in an adjudicatory proceeding regarding the home;
(3) files a civil action alleging a violation of this chapter; or
(4) claims a violation of this chapter before a state or federal agency having jurisdiction over the home or its employees.
(b) Termination of a resident's residential services contract by an assisted living home within 60 days after the resident engages in an activity described in (a) of this section creates a rebuttable presumption that the termination was retaliatory.
(c) At the time, or before, a person begins residency in an assisted living home, the home shall give the resident and the resident's representative, if any, written notice of the protection from retaliation provided under this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 33. Assisted Living Homes › Article 3. Resident's Rights. › Sec. 47.33.360. Involuntary termination of contract.

(a) An assisted living home may not terminate a residential services contract with a resident of the home against the resident's will, except
(1) for medical reasons;
(2) for engaging in a documented pattern of conduct that is harmful to the resident, other residents, or staff of the home;
(3) for violation of the terms of the residential services contract, including failure to pay costs incurred under the contract;
(4) when emergency transfer out of the home is ordered by the resident's physician;
(5) when the home is closing; or
(6) when the home can no longer provide or arrange for services in accordance with the resident's needs and the resident's assisted living plan.
(b) At least 30 days before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall provide written notice of the proposed contract termination to the resident or the resident's representative, and to the resident's service coordinator, if any. The notice must state the
(1) basis for the termination; and
(2) resident's right to contest the termination in the manner provided in the contract, which must include an offer by the home to participate in a case conference as described in (c) of this section.
(c) Before terminating the residential services contract with a resident under (a)(2), (3), (5), or (6) of this section, the assisted living home shall participate in a case conference if requested by the resident or the resident's representative. The case conference must include the resident, the resident's representative, if any, the resident's advocate, if any, the resident's service coordinator, if any, the home administrator, and appropriate care providers who may discuss the appropriateness of the contract termination.
(d) If a home terminates the residential services contract with a resident under this section, the home shall cooperate with the resident, the resident's service coordinator, if any, and the resident's representative, if any, in making arrangements to relocate the resident.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.010. Declaration of policy.

It is the policy of the state to recognize, appreciate, and reinforce the example set by its citizens who lead, believe in, and support a life of sobriety. It is also the policy of the state that alcoholics and intoxicated persons should not be criminally prosecuted for their consumption of alcoholic beverages and that they should be afforded a continuum of treatment that can introduce them to, and help them learn, new life skills and social skills that would be useful to them in attaining and maintaining normal lives as productive members of society.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.050. Interdepartmental coordinating committee.

(a) An interdepartmental coordinating committee is created, composed of the commissioners of health, education and early development, transportation and public facilities, labor and workforce development, and public safety, and the director of the Alcoholic Beverage Control Board. The committee shall meet at least twice annually at the call of the commissioner of health who is its chairman. The committee shall provide for the coordination and exchange of information on all programs relating to alcoholism or drug abuse and act as a permanent liaison among state departments engaged in activities affecting alcoholics, intoxicated persons, and drug abusers. The committee shall assist the commissioner of health in formulating a comprehensive plan for prevention of alcoholism and drug abuse and for treatment of alcoholics, intoxicated persons, and drug abusers.
(b) In exercising its coordinating functions, the committee shall assure that the appropriate state agencies
(1) provide all necessary medical, social, treatment, and educational services for alcoholics, intoxicated persons, and drug abusers and for the prevention of alcoholism and drug abuse, without unnecessary duplication of services;
(2) cooperate in the use of facilities and in the treatment of alcoholics, intoxicated persons, and drug abusers;
(3) adopt approaches for the prevention of alcoholism and drug abuse and the treatment of alcoholics, intoxicated persons, and drug abusers consistent with the policy of AS 47.37.010 - 47.37.270.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.120. Program development and implementation.

(a) The department shall carry out the development and implementation of a comprehensive program dealing with the prevention and treatment of, and research on, problems of alcoholism and drug abuse as they affect the state.
(b) The comprehensive program carried out under this section must include a strategy for expanding substance abuse treatment services and reducing waiting lists for eligible participants in a substance abuse prevention or treatment program and must include one or more of the factors listed under AS 47.37.045(f).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.140. Treatment facilities.

(a) The department shall establish standards for facilities, which standards may vary in their requirements and stringency according to the population, price level, remoteness, access to transportation, and availability of ancillary services of the area to be served, and shall fix the fees to be charged for the required inspections of those facilities. A facility shall meet the applicable standards before it is approved as a public or private treatment facility. The standards shall be enacted in a manner that will provide protection of the health, safety, and well-being of clients of the affected programs and protection for the affected programs from exposure to malpractice and liability actions.
(b) The department shall inspect, on a regular basis, approved public and private treatment facilities at reasonable times and in a reasonable manner.
(c) The department shall maintain a list of approved public and private treatment facilities.
(d) An approved public and private treatment facility shall file with the department, on request, data, statistics, schedules, and information which the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns of them, shall be removed from the list of approved treatment facilities.
(e) The department, after holding a hearing conducted by the office of administrative hearings (AS 44.64.010) under the provisions of the Administrative Procedure Act (AS 44.62), may suspend, revoke, limit, restrict, or refuse to grant an approval for a treatment facility, for failure to meet its standards.
(f) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the district court may issue a warrant to an officer or employee of the department authorizing the officer or employee to enter and inspect at reasonable times, and examine the books and accounts of, an approved public or private treatment facility refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.
(g) The standards established for facilities under this section must be based on scientifically sound evidence and be consistent with the priorities created under AS 47.37.045(e) and (f).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.145. Telehealth.

(a) A public or private treatment facility approved under AS 47.37.140 may provide health care services authorized under AS 47.37.030 - 47.37.270 through telehealth to a patient in this state.
(b) If an individual employed by a public or private treatment facility approved under AS 47.37.140, in the course of a telehealth encounter with a patient, determines that some or all of the encounter will extend beyond the health care services authorized under AS 47.37.030 - 47.37.270, the individual shall advise the patient that the facility is not authorized to provide some or all of the services to the patient, recommend that the patient contact an appropriate provider for the services the facility is not authorized to provide, and limit the encounter to only those services the facility is authorized to provide. The facility may not charge a patient for any portion of an encounter that extends beyond the health care services authorized under AS 47.37.030 - 47.37.270.
(c) A fee for a service provided through telehealth under this section must be reasonable and consistent with the ordinary fee typically charged for that service and may not exceed the fee typically charged for that service.
(d) A facility permitted to practice telehealth under this section may not be required to document a barrier to an in-person visit to provide health care services through telehealth. The department may not limit the physical setting from which a facility may provide health care services through telehealth.
(e) Nothing in this section requires the use of telehealth when an individual employed by a facility approved under AS 47.37.140 determines that providing services through telehealth is not appropriate or when a patient chooses not to receive services through telehealth.
(f) In this section, “telehealth” has the meaning given in AS 47.05.270(e).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.150. Admission for treatment.

The department shall adopt regulations for the admission of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics, intoxicated persons, drug abusers, and inhalant abusers. In adopting the regulations the department shall be guided by the following standards:
(1) if possible a patient must be treated on a voluntary rather than an involuntary basis;
(2) a patient must be initially assigned or transferred to outpatient or intermediate treatment, unless the patient is found to require inpatient treatment;
(3) a person may not be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment;
(4) an individualized treatment plan must be prepared and maintained on a current basis for each patient;
(5) provision must be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will use other appropriate treatment and facilities.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 37. Uniform Alcoholism and Intoxication Treatment Act › Sec. 47.37.160. Voluntary treatment of alcoholics.

(a) An alcoholic may voluntarily apply for treatment directly to an approved public treatment facility.
(b) Subject to regulations adopted by the department, the administrator in charge of an approved public treatment facility may determine who shall be admitted for treatment. If a person is refused admission to an approved public treatment facility, the administrator shall, if possible, refer the person to another approved public treatment facility.
(c) When a patient receiving inpatient care leaves an approved public treatment facility, the patient shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator in charge of the treatment facility that the patient is an alcoholic who requires help, the administrator shall arrange for assistance in obtaining supportive services and residential facilities.