reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act. › Sec. 18.20.160. Priority of projects.

The state plan must set out the relative need for the projects included in the construction program determined in accordance with the regulations adopted under the federal act, and provide for the construction, maintenance, and operation to the extent financial resources permit, in the order of the relative need.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act. › Sec. 18.20.170. Application for construction projects.

The state, a political subdivision of the state, or a public or other nonprofit agency requesting federal funds for a health facility construction project must apply to the department. The application must conform to federal and state requirements.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act. › Sec. 18.20.180. Approval of applications.

The commissioner of the department shall give every applicant an opportunity for a fair hearing. If, after giving reasonable opportunity for development and presentation of applications in the order of relative need, the commissioner of the department finds that a project application complies with the requirements of AS 18.20.170 and conforms with the state plan, the commissioner shall approve and recommend the application and forward it to the surgeon general.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act. › Sec. 18.20.190. Inspection of projects.

The commissioner of the department shall inspect each construction project approved by the surgeon general from time to time. If the commissioner finds that work has been performed upon the project or purchases have been made in accordance with the approved plans and specifications, the commissioner shall certify to the surgeon general that this is the fact and that payment of an installment of federal funds is due the applicant.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act. › Sec. 18.20.200. Acceptance of grants.

The department may accept on behalf of the state and may deposit separate and apart from public money and funds, a grant from the federal government, or gift or contribution from any source made to assist in meeting the cost of carrying out the purposes of AS 18.20.140 - 18.20.220. Federal funds received and not expended for these purposes shall be repaid to the United States.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.300. State policy.

It is the policy of the state to ensure that the quality of care in nursing facilities in this state is maintained at a high standard in accordance with applicable state and federal law and regulations and to ensure the health, safety, and quality of life of nursing facility residents in Alaska is maintained or enhanced.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.305. Nursing facility regulations.

The department shall adopt necessary regulations to implement AS 18.20.300 - 18.20.390 in accordance with AS 44.62 (Administrative Procedure Act). The department shall, by regulation, specify criteria as to when and how the sanctions specified in AS 18.20.310 will be applied. The criteria must provide for the imposition of incrementally more severe penalties for deficiencies that are uncorrected or pervasive, or that present a threat to the health, safety, or welfare of nursing facility residents.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.310. Sanctions for noncompliance.

(a) If the department finds that a nursing facility, or a partner, officer, director, owner of five percent or more of the nursing facility's assets, or managing employee of the nursing facility substantially failed or refused to comply with AS 08.68.340 - 08.68.390, AS 08.70, AS 18.20.075 - 18.20.085, AS 47.07, or with a regulation adopted under any of those statutes, or, for a nursing facility that provides Medicaid services under AS 47.07, failed or refused to comply with the Medicaid requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended) or a regulation adopted under that statute, the department may take the following actions:
(1) ban the admission of new residents to the nursing facility;
(2) as provided in AS 18.20.320, deny payment under AS 47.07 and AS 47.25.120 - 47.25.300 for any Medicaid or general relief-medical resident admitted to the nursing facility after notice by the department of denial of payment; residents who are eligible for Medicaid or general relief-medical are not responsible for payment when the department takes action under this paragraph;
(3) assess a civil fine in accordance with AS 18.20.340;
(4) suspend or terminate the nursing facility's participation in the Medicaid program;
(5) suspend, revoke, or refuse to renew the nursing facility's license issued under this chapter;
(6) seek an appointment of temporary administration as provided in AS 18.20.360 or of a receiver under AS 18.20.370;
(7) in case of an emergency, seek an order from the court either to close the nursing facility or to transfer residents from that facility, or both.
(b) An order of the department imposing a sanction described in
(1) (a)(1), (4), or (5) of this section takes effect immediately upon service of the order on the nursing facility; however, if the facility can demonstrate to the department's satisfaction that the deficiencies prompting the order do not jeopardize the health or safety of facility residents or seriously limit the nursing facility's capacity to provide adequate care, the department's order takes effect 10 days after service;
(2) (a)(2) or (3) of this section takes effect 10 days after service of the order on the nursing facility.
(c) A hearing may be requested under AS 18.20.330 regarding a sanction imposed by the department under this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.320. Denial of payment.

The department shall deny payment under AS 47.07 or AS 47.25.120 - 47.25.300 to a nursing facility
(1) that is not in compliance, and, for the preceding three months, has not been in compliance, with the requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended), and regulations adopted under that statute, until correction of the deficiency; or
(2) if the department finds, on three consecutive reviews, that the nursing facility provided substandard quality of care; the department shall deny payment under this paragraph for new admissions until the facility has demonstrated to the satisfaction of the department that it is in compliance with the Medicaid requirements of 42 U.S.C. 1396r, and that it will remain in compliance with the requirements.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.330. Appeal; hearing.

(a) Notwithstanding AS 44.62.330 - 44.62.630, the department, by regulation, shall establish a hearing procedure by which a nursing facility may present evidence to refute a deficiency found by the department, and by which it may appeal, in a hearing conducted by the office of administrative hearings (AS 44.64.010), a sanction imposed by order of the department under AS 18.20.310. A request for a hearing shall be made in writing within 10 days after service of the department's order on the nursing facility. Except for an order that takes effect immediately under AS 18.20.310(b)(1), a request under this subsection has the effect of staying the department's order until the hearing is concluded and the department makes a final determination.
(b) An appeal, or request for stay, regarding a sanction imposed by the court under AS 18.20.310(a)(6) or (7), 18.20.360, or 18.20.370, shall be filed with the court in accordance with the Rules of Civil Procedure.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.340. Civil fines.

In accordance with regulations adopted by the department under AS 44.62.010 - 44.62.300, the department may assess and collect, with interest, a civil fine of up to $10,000 a day for each day a nursing facility is or was out of compliance with any of the federal or state statutes or regulations listed in AS 18.20.310. The department shall annually increase the maximum amount of the civil fine authorized in this section by a percentage equal to the percentage of increase in all items of the Consumer Price Index for all urban consumers for Anchorage, Alaska. Each day upon which the same or a substantially similar noncompliance occurs is a separate violation subject to the assessment of a separate civil fine. A civil fine assessed under this section is not reimbursable under AS 47.07 or AS 47.25.120 - 47.25.300. The department shall deduct the amount of a civil fine from reimbursement due or to be due the nursing facility under AS 47.07 or AS 47.25.120 - 47.25.300. The department may also use any remedy available under law to pursue collection of an unpaid fine.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.350. Nursing facility resident security fund.

(a) There is established in the department, as a fund separate from other public money of the state, the nursing facility resident security fund. This fund consists of all civil fines collected under AS 18.20.310(a)(3) and 18.20.340 related to noncompliance with 42 U.S.C. 1396r(b), (c), or (d), and all interest earned on money in the fund.
(b) The nursing facility resident security fund shall be administered by the department. Money in the fund may only be used for the protection of the health or property of residents of nursing facilities found to be out of compliance with 42 U.S.C. 1396r(b), (c), or (d), or a regulation adopted under those statutes, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement to a resident for personal money lost.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.360. Temporary management.

(a) If the department determines that the health or safety of the residents of a nursing facility is immediately jeopardized as the result of the nursing facility's failure or refusal to comply with a state statute or regulation, or failure or refusal to comply with the Medicaid requirements in 42 U.S.C. 1396r (Title XIX of the Social Security Act) or a regulation adopted under that statute, the department shall immediately petition the superior court for an order for appointment of temporary administration to
(1) oversee the operation of the facility; and
(2) ensure the health and safety of the facility's residents while orderly closure of the facility occurs or the deficiencies necessitating temporary administration are corrected.
(b) The court shall grant the petition if it finds by a preponderance of the evidence that the conditions in (a) of this section exist.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.370. Receivership.

(a) The department may petition the superior court for establishment of a receivership for a nursing facility if the department finds that one of the following conditions exists and the current operator has demonstrated an inability or unwillingness to take action necessary to immediately correct the conditions alleged:
(1) the facility is operating without a license;
(2) the health, safety, or welfare of the facility's residents is immediately jeopardized;
(3) the facility demonstrates a pattern and practice of violating state or federal statutes or regulations in such a way that minimum resident care is jeopardized.
(b) The court shall grant the petition if it finds by a preponderance of the evidence that one or more of the conditions in (a) of this section exist and the current operator is unable or unwilling to take action necessary to correct the condition.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 3. Nursing Facilities. › Sec. 18.20.390. Definitions.

In AS 18.20.300 - 18.20.390, unless the context requires otherwise,
(1) “department” means the Department of Health;
(2) “general relief-medical” means the medical assistance program authorized in AS 47.25.120 - 47.25.300;
(3) “Medicaid” means the medical assistance program authorized in AS 47.07;
(4) “nursing facility” means an institution, or a distinct part of an institution, as defined in 42 U.S.C. 1396r.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.410. Temporary nurse staffing emergency.

(a) If, after making a substantial and reasonable effort to increase the number of available nurses on staff and failing in that effort, a health care facility in a rural community determines it is not able to meet the overtime limitations in AS 18.20.400 without putting the safety of its patients at risk of serious harm, the health care facility may declare a temporary nurse staffing emergency. A declaration of a temporary nurse staffing emergency under this section
(1) must be made in a writing, signed by the administrator of the health care facility or the administrator's designee, that describes the facility's reasonable effort to avoid the temporary nurse staffing emergency; and
(2) may not exceed 30 days.
(b) Immediately after declaring a temporary nurse staffing emergency under (a) of this section, a health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a report that includes a copy of the signed writing required under (a) of this section. A report under this subsection is a public document.
(c) In addition to the requirements of (a) and (b) of this section, a health care facility shall notify the legislature immediately by delivery of a written report to the Alaska Legislative Council each time the facility declares a temporary nurse staffing emergency under AS 18.20.400(c) that exceeds two occurrences in a six-month period that begins on January 1 or July 1 of the year in which the declaration occurs, or three occurrences in the one-year period that begins on January 1 of that year. A report under this subsection must include a copy of each report that is required of the health care facility under (b) of this section for the one-year period that begins on January 1 of the year the excessive declaration under this subsection occurs.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.420. Health care facility complaint process for overtime work by nurses.

A health care facility shall provide for an anonymous process by which a patient or a nurse may make a complaint about staffing levels and patient safety that relate to overtime work by nurses and to limitations on overtime work by nurses under AS 18.20.400.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.430. Enforcement, offenses, and penalties.

(a) The commissioner shall administer AS 18.20.400 - 18.20.499 and adopt regulations for implementing and enforcing AS 18.20.400 - 18.20.499.
(b) A complaint alleging a violation of AS 18.20.400 - 18.20.499 must be filed with the commissioner within 30 days after the date of the alleged violation. The commissioner shall provide a copy of the complaint to the health care facility named in the filing within three business days after receiving the complaint.
(c) If the commissioner finds that a health care facility has knowingly violated an overtime provision of AS 18.20.400 - 18.20.499, the following civil penalties shall apply:
(1) for a first violation of AS 18.20.400 - 18.20.499, the commissioner shall reprimand the health care facility;
(2) for a second violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of $500;
(3) for a third violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $2,500 but not more than $5,000;
(4) for each violation of AS 18.20.400 - 18.20.499 after a third violation of AS 18.20.400 - 18.20.499 within 12 months, the commissioner shall reprimand the health care facility and assess a penalty of not less than $5,000 but not more than $25,000.
(d) As an employer, a health care facility violates an overtime provision of AS 18.20.400 - 18.20.499 “knowingly” when the facility is either aware that its conduct is of a nature prohibited by the overtime provision or aware that the circumstances described in the overtime prohibition exist; however, when knowledge of the existence of a particular fact is required to establish that the violation was knowing, that knowledge exists when the facility is aware of a substantial probability of its existence, unless the facility reasonably believes it does not exist.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.440. Prohibition of retaliation.

A health care facility may not discharge, discipline, threaten, discriminate against, penalize, or file a report with the Board of Nursing against a nurse for exercising rights under AS 18.20.400 - 18.20.499 or for the good faith reporting of an alleged violation of AS 18.20.400 - 18.20.499.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.450. Report requirements.

(a) A health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a semiannual report on a form provided by the department. The report for the six-month period ending June 30 must be filed before the following August 1, and the report for the six-month period ending December 31 must be filed before the following February 1. The report must include, for each nurse employed by the health care facility or under contract with the health care facility, the number of overtime hours worked and the number of hours the nurse was on call. A health care facility that does not employ a nurse who worked overtime hours or who was on call during the reporting period is not required to describe hours worked as overtime and on-call hours for individual nurses but may instead complete the report by stating on the form that there are no reportable hours.
(b) A primary care outpatient facility is not subject to the reporting requirements of (a) of this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.460. Provisions not applicable to nurses employed in federal or tribal facilities.

The provisions of AS 18.20.400 - 18.20.499 do not apply to a nurse employed in a health care facility that is operated by
(1) the federal government; or
(2) a tribal organization as defined in 25 U.S.C. 450b.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.470. Notice to employees.

A health care facility shall post and maintain, in places readily accessible to individuals in the service of the health care facility, printed statements that describe employee rights and employer obligations under AS 18.20.400 - 18.20.499 and regulations adopted under AS 18.20.430. The commissioner shall supply the printed statements to a health care facility without cost to the facility.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 4. Overtime Limitations for Nurses. › Sec. 18.20.499. Definitions.

In AS 18.20.400 - 18.20.499,
(1) “commissioner” means the commissioner of labor and workforce development;
(2) “health care facility” means a private, municipal, or state hospital; independent diagnostic testing facility; primary care outpatient facility; skilled nursing facility; kidney disease treatment center, including freestanding hemodialysis units; intermediate care facility; ambulatory surgical facility; Alaska Pioneers' Home or Alaska Veterans' Home administered by the Department of Family and Community Services under AS 47.55; correctional facility owned or administered by the state; private, municipal, or state facility employing one or more public health nurses; long-term care facility; psychiatric hospital; residential psychiatric treatment center, as defined in AS 18.07.111 or AS 47.32.900; secure residential psychiatric treatment center under AS 47.12.990; juvenile detention facility or juvenile treatment facility, as those terms are defined in AS 47.12.990; or treatment institution as that term is defined in AS 47.14.990;
(3) “nurse” means an individual licensed to practice registered nursing or practical nursing under AS 08.68 who provides nursing services through direct patient care or clinical services and includes a nurse manager when delivering in-hospital patient care;
(4) “on-call” means a status in which a nurse must be ready to report to the health care facility and may be called to work by the health care facility;
(5) “overtime” means the hours worked in excess of a predetermined and regularly scheduled shift that is agreed to by a nurse and a health care facility;
(6) “rural community” means a village or city that has a population of less than 10,000, as determined by the Department of Labor and Workforce Development, and is in
(A) the unorganized borough; or
(B) an organized borough that has a population of less than 25,000, as determined by the Department of Labor and Workforce Development.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 5. Discharge of Hospital Patients. › Sec. 18.20.500. Aftercare assessment and designation of caregiver.

Before discharging a patient, a hospital shall assess the patient's ability for self-care after discharge and provide the patient with the opportunity to designate a caregiver who agrees to provide aftercare for the patient in a private residence after discharge.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 5. Discharge of Hospital Patients. › Sec. 18.20.510. Planning, instruction, and training.

(a) A hospital shall give the patient and the patient's designated caregiver the opportunity to participate in planning for the patient's discharge from the hospital.
(b) Before discharge, a hospital shall provide a patient and the patient's designated caregiver with instruction and training as necessary for the designated caregiver to perform medical and nursing aftercare following discharge.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 5. Discharge of Hospital Patients. › Sec. 18.20.530. Discharge policies.

(a) A hospital shall adopt and maintain written discharge policies. The policies must comply with AS 18.20.500 - 18.20.590.
(b) The discharge policies of a hospital must specify the requirements for documenting the identity of a patient's designated caregiver and the details of the discharge plan for the patient, including professional follow-up as specified in the discharge plan.
(c) The discharge policies of a hospital may incorporate established evidence-based practices that include
(1) standards for accreditation adopted by a nationally recognized hospital accreditation organization; or
(2) the conditions of participation for hospitals adopted by the Centers for Medicare and Medicaid Services.
(d) The discharge policies of a hospital must ensure that the discharge planning is appropriate to the condition of the patient, and the hospital shall interpret the discharge policies in a manner and as necessary to meet the needs and condition of the patient and the abilities of the patient's designated caregiver.
(e) AS 18.20.500 - 18.20.590 do not require that a hospital adopt discharge policies that would
(1) delay a patient's discharge or transfer to another facility; or
(2) require the disclosure of protected health information without obtaining a patient's consent as required by state and federal laws governing health information privacy and security.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 5. Discharge of Hospital Patients. › Sec. 18.20.540. Construction of provisions.

The provisions of AS 18.20.500 - 18.20.590 may not be construed to
(1) create a right of action against a hospital, a hospital employee, or a contractor of the hospital, including a person who contracts with the hospital to provide instruction to a designated caregiver, based on an action performed or not performed under AS 18.20.500 - 18.20.590; or
(2) replace, change, or otherwise affect rights or remedies that are provided under another provision of law, including common law.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 5. Discharge of Hospital Patients. › Sec. 18.20.550. Coordination with other authority.

AS 18.20.500 - 18.20.590 may not be interpreted to interfere with the powers or duties of
(1) an agent operating under a valid advance health care directive under AS 13.52; or
(2) a legal guardian of the patient.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 20. Hospitals and Nursing Facilities › Article 5. Discharge of Hospital Patients. › Sec. 18.20.590. Definitions.

In AS 18.20.500 - 18.20.590,
(1) “aftercare” includes
(A) assistance with the activities of daily living or activities that are instrumental to the activities of daily living;
(B) wound care, medication administration, medical equipment operation, mobility assistance, and other medical or nursing tasks; and
(C) other assistance related to the patient's condition at the time of discharge;
(2) “designated caregiver” means a caregiver designated by the patient who agrees to provide aftercare to the patient in a private residence;
(3) “discharge” means a patient's release from a hospital following the patient's admission to the hospital;
(4) “hospital” has the meaning given in AS 18.20.130, but does not include a hospital that is limited to the treatment of mental disorders;
(5) “private residence” does not include a rehabilitative facility, a hospital, a nursing home, an assisted living facility, a group home, or another licensed health care facility.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 1. Patient Records; Medical Review Organizations. › Sec. 18.23.005. Patient access to records.

Notwithstanding the provisions of AS 18.23.005 - 18.23.070 or any other law, a patient is entitled to inspect and copy any records developed or maintained by a health care provider or other person pertaining to the health care rendered to the patient.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 1. Patient Records; Medical Review Organizations. › Sec. 18.23.010. Limitation on liability for persons providing information to review organization.

(a) A person providing information to a review organization is not subject to action for damages or other relief by reason of having furnished that information unless the information is false and the person providing the information knew or had reason to know the information was false.
(b) A privilege of confidentiality arising from a physician-patient relationship may not be invoked to withhold pertinent information from review by a review organization.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 1. Patient Records; Medical Review Organizations. › Sec. 18.23.020. Limitation on liability for members of review organizations.

A person who is a member or employee of, or who acts in an advisory capacity to, or who furnishes counsel or services to a review organization is not liable for damages or other relief in an action brought by another whose activities have been or are being scrutinized or reviewed by a review organization, by reason of the performance of a duty, function, or activity of the review organization, unless the performance of the duty, function, or activity was motivated by malice toward the affected person. A person is not liable for damages or other relief in an action by reason of performance of a duty, function, or activity as a member of a review organization or by reason of a recommendation or action of the review organization when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person or to the review organization after reasonable efforts to ascertain the facts upon which the review organization's action or recommendation is made.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 1. Patient Records; Medical Review Organizations. › Sec. 18.23.030. Confidentiality of records of review organization.

(a) Except as provided in (b) of this section, all data and information acquired by a review organization in the exercise of its duties and functions shall be held in confidence and may not be disclosed to anyone except to the extent necessary to carry out the purposes of the review organization and is not subject to subpoena or discovery. Except as provided in (b) of this section, a person described in AS 18.23.020 may not disclose what transpired at a meeting of a review organization except to the extent necessary to carry out the purposes of a review organization, and the proceedings and records of a review organization are not subject to discovery or introduction into evidence in a civil action against a health care provider arising out of the matter that is the subject of consideration by the review organization. Information, documents, or records otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during proceedings of a review organization, nor may a person who testified before a review organization or who is a member of it be prevented from testifying as to matters within the person's knowledge, but a witness may not be asked about the witness's testimony before a review organization or opinions formed by the witness as a result of its hearings, except as provided in (b) of this section.
(b) Testimony, documents, proceedings, records, and other evidence adduced before a review organization that are otherwise inaccessible under this section may be obtained by a health care provider who claims that denial is unreasonable or may be obtained under subpoena or discovery proceedings brought by a plaintiff who claims that information provided to a review organization was false and claims that the person providing the information knew or had reason to know the information was false.
(c) Nothing in AS 18.23.005 - 18.23.070 prevents a person whose conduct or competence has been reviewed under AS 18.23.005 - 18.23.070 from obtaining, for the purpose of appellate review of the action of the review organization, any testimony, documents, proceedings, records, and other evidence adduced before the review organization.
(d) Notwithstanding the provisions of (b) and (c) of this section, information contained in a report submitted to the State Medical Board, and information gathered by the board during an investigation, under AS 08.64.336 is not subject to subpoena or discovery unless and until the board takes action to suspend, revoke, limit, or condition a license of the person who is the subject of the report or investigation.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 1. Patient Records; Medical Review Organizations. › Sec. 18.23.040. Penalty for violation.

Other than as authorized by AS 18.23.030, a disclosure of data and information acquired by a review committee or of what transpired at a review meeting is a misdemeanor and punishable by imprisonment for not more than one year or by a fine of not more than $500.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 1. Patient Records; Medical Review Organizations. › Sec. 18.23.050. Protection of patient.

Nothing in AS 18.23.005 - 18.23.070 relieves a person of liability that the person has incurred or may incur to a person as a result of furnishing health care to the patient.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 1. Patient Records; Medical Review Organizations. › Sec. 18.23.060. Parties bound by review.

When a review organization reviews matters under AS 18.23.070(5)(A)(viii) a party is not bound by a ruling of the organization in a controversy, dispute, or question unless the party agrees in advance, either specifically or generally, to be bound by the ruling.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 2. Form of Medical Records. › Sec. 18.23.100. Use of electronic medical records.

A health care provider may maintain and preserve its medical records in an electronic format that protects the physical security of the records and protects the records from access by unauthorized persons. A health care provider who maintains and preserves the records in an electronic format that provides these protections is not required to maintain a separate paper copy. The Department of Health may adopt regulations under AS 44.62 (Administrative Procedure Act) to regulate the implementation of this section.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 3. Electronic Health Information Exchange System. › Sec. 18.23.305. Department; duties.

In carrying out its duties under AS 18.23.300, the department shall
(1) in accordance with federal recommendations, determine the manner in which the system is developed and operated;
(2) provide oversight and technical assistance needed for planning and implementing the system;
(3) authorize and facilitate applications for available federal funding for planning and implementing the system;
(4) ensure compliance with applicable federal and state health information policies and standards;
(5) ensure compliance with federal and state law and standards that safeguard the privacy and security of health information;
(6) ensure that the health information exchange system becomes self-sustaining through a combination of user fees and other private and public funding sources.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 3. Electronic Health Information Exchange System. › Sec. 18.23.310. Confidentiality and security of information.

(a) The department shall establish appropriate security standards to protect the transmission and receipt of individually identifiable information contained in the system established under AS 18.23.300. The standards must
(1) include controls over access to and collection, organization, and maintenance of records and data that protect the confidentiality of the individual who is the subject of a health record;
(2) include a secure and traceable electronic audit system for identifying access points and trails;
(3) meet the most stringent applicable federal or state privacy law governing the protection of the information contained in the system.
(b) A person may not release or publish individually identifying health information from the system for purposes unrelated to the treatment or billing of the patient who is the subject of the information. Use or distribution of the information for a marketing purpose is strictly prohibited.
(c) The department shall establish procedures for a patient who is the subject of a health record contained in the system
(1) to opt out of the system;
(2) to consent to the distribution of the patient's records contained in the system;
(3) to be notified of a violation of the confidentiality provisions required under this section;
(4) on request to the department, to view an audit report created under this section for the purpose of monitoring access to the patient's records.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 3. Electronic Health Information Exchange System. › Sec. 18.23.315. Health information exchange system report to the legislature.

The department shall provide to the legislature, on or before December 31 of each year, an annual report on the progress of the health information exchange system in the state, including a specific set of recommendations for long-term participation and financial support by the state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 3. Electronic Health Information Exchange System. › Sec. 18.23.320. Contract conditions.

A contract entered into to carry out the purposes of AS 18.23.300 must require that the contractor meet applicable federal and state requirements for protecting health information privacy and security and nationally recognized standards for interoperability of health information technology.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 23. Health Care Services Information and Review Organizations › Article 3. Electronic Health Information Exchange System. › Sec. 18.23.325. Definitions.

In AS 18.23.300 - 18.23.325,
(1) “commissioner” means the commissioner of health;
(2) “department” means the Department of Health;
(3) “system” means the statewide electronic health information exchange system established under AS 18.23.300.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 1. Construction and Equipment Aid to Nonprofit Hospitals. › Sec. 18.25.010. Department to render aid.

The department may facilitate the purchase, construction, and repair of, and obtain necessary equipment for, nonprofit hospitals operated by municipalities, communities, and associations in the state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 1. Construction and Equipment Aid to Nonprofit Hospitals. › Sec. 18.25.020. Determination of necessity.

The department shall initiate appropriate action under AS 18.25.010 - 18.25.030 when it determines which projects are of most immediate necessity, and shall allot money to the municipalities, communities, and associations on a matching basis, or in accordance with their financial ability and urgency of the need.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 1. Construction and Equipment Aid to Nonprofit Hospitals. › Sec. 18.25.030. Intent.

It is the intent of AS 18.25.010 - 18.25.030 to provide financial aid to municipalities, communities, and associations for which an attempt at complete financing by themselves of a necessary project would entail great hardship. It is also intended that the department utilize the money authorized under AS 18.25.010 - 18.25.030 so far as can be arranged to assist the municipalities, communities, and associations in matching funds with the federal government under applicable federal law for hospital assistance.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 2. Aid for Operation Deficits of Community Operated Nonprofit Hospitals and Clinics. › Sec. 18.25.040. Department to render aid.

The department may assist in cases of operational deficits of community operated nonprofit hospitals and clinics in the state.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 2. Aid for Operation Deficits of Community Operated Nonprofit Hospitals and Clinics. › Sec. 18.25.050. Determination of necessity.

The department shall initiate appropriate action in accordance with the provisions of AS 18.25.040 - 18.25.060 as soon as the department determines which projects are of most immediate necessity.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 2. Aid for Operation Deficits of Community Operated Nonprofit Hospitals and Clinics. › Sec. 18.25.060. Intent.

It is the intent of AS 18.25.040 - 18.25.060 to provide financial aid, or funds to match available federal funds to aid localities or municipalities whose taxable values are limited in scope and for whom an attempt at community financing of a community operated nonprofit hospital or clinic would entail insurmountable hardship.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 3. Assistance for Community Health Facilities. › Sec. 18.25.070. Department to render assistance.

The department may assist in the purchase, construction, repair, and equipping of facilities to improve and protect community health, and may provide financial assistance for the operation of the facilities in case of operational deficits.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 3. Assistance for Community Health Facilities. › Sec. 18.25.080. Intent and purpose.

It is the intent of AS 18.25.070 - 18.25.110 to assist communities and areas in developing and improving health service facilities by the purchase, construction, renovation, or establishment of hospitals, health centers, or clinics, or quarters for personnel, and the purchase of furnishings, supplies, and equipment and making the other expenditures necessary to carry out the purpose of AS 18.25.070 - 18.25.110. Assistance is to be given in areas that would otherwise be denied adequate facilities, because the taxable values are limited in scope and an attempt at total community financing of a project would cause hardship or prevent its realization. It is also intended that the department utilize the money authorized under AS 18.25.070 - 18.25.110 so far as can be arranged to assist municipalities in matching funds with the federal government under federal law.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 3. Assistance for Community Health Facilities. › Sec. 18.25.090. Use of purchases.

Purchases under AS 18.25.070 - 18.25.110 are to be used for the purpose for which appropriated and when the purpose is discontinued the items shall be returned to the department for use elsewhere.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 3. Assistance for Community Health Facilities. › Sec. 18.25.100. Regulations authorized.

The department shall adopt regulations for
(1) the establishment of criteria, minimum requirements, and standards for assistance to communities under AS 18.25.070 - 18.25.110;
(2) the establishment of the fiscal and accounting procedures and controls considered necessary for the payment of grants;
(3) the compilation of data and information from the communities concerned that will support the need for assistance under AS 18.25.070 - 18.25.110;
(4) the establishment of procedures by which communities may apply for assistance;
(5) accepting financial or other assistance from the federal government under federal law to carry out the purpose of AS 18.25.070 - 18.25.110 through matching funds or grants;
(6) cooperation and coordination with other state boards, departments, or agencies engaged in construction programs in areas applying for assistance under AS 18.25.070 - 18.25.110.
2023 Alaska Statutes › Title 18. Health, Safety, Housing, Human Rights, and Public Defender › Chapter 25. Assistance to Hospitals and Health Facilities › Article 3. Assistance for Community Health Facilities. › Sec. 18.25.110. Report of grants made.

Within 10 days of the convening of each legislative session, the department shall have completed a report of grants made under AS 18.25.070 - 18.25.110 and notified the legislature that the report is available.