reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 2 - Operation of Assisted Living Homes › 7 AAC 75.305 - Determination regarding declarations for mental health treatment

Current through May 31, 2024
An assisted living home shall make a reasonable effort to
					 determine whether a resident has made a declaration of preferences or
					 instructions regarding mental health treatment under AS 47.30.950 by consulting
					 with the resident, the resident's primary physician, the resident's case
					 manager, the resident's spouse, parent, or guardian, a person in the resident's
					 household, a person designated by the resident, or the resident's
					 representative.
Authority:
AS 47.30.950
AS 47.33.410
AS 47.33.920
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 2 - Operation of Assisted Living Homes › 7 AAC 75.310 - Acceptance and management of residents' money

Current through May 31, 2024
(a) Before an
				  assisted living home accepts the money of a resident for safekeeping and
				  management, the home shall obtain written authorization from the resident or
				  the resident's representative or representative payee. The authorization must
(1) be attested to by a competent witness who
				  has no pecuniary interest in the home or its operations, and who is not
				  connected to the home or its operations in any manner;
(2) indicate exactly which or how much of the
				  resident's money the assisted living home is authorized to manage;
				  and
(3) provide for an amount not
				  to exceed $100 a month that the assisted living home may keep on hand for the
				  resident to use to meet that resident's day-to-day needs, unless the resident
				  has other sources of money for that purpose.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 2 - Operation of Assisted Living Homes › 7 AAC 75.320 - Annual monitoring report

Current through May 31, 2024
(a) At least once
				  each year, the department will monitor an assisted living home or will require
				  the home to submit a self-monitoring report to the department on a form
				  supplied by the department. The annual report must contain the information
				  requested by the department, to show that the home continues to comply with AS
				  47.33 and this chapter.
(b) The
				  failure to submit an annual report as required by the department, or the
				  submission of a false report, is grounds for issuance of a notice of violation
				  under AS 47.33.530.
(c) The
				  department may accept the report of a third-party, independent evaluation of an
				  assisted living home, made on behalf of the home, if the report contains
				  substantially the same information required by the department under this
				  section.
Authority:
AS 47.33.410
AS 47.33.920
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 2 - Operation of Assisted Living Homes › 7 AAC 75.330 - Refund of rent

Current through May 31, 2024
(a) A home's written policy for the refund of
				  advance payments, established in compliance with
				  AS
				  47.33.030(b), must conform
				  to the following rules:
(1) if a resident
				  terminates a residential services contract by giving notice at least one rental
				  period before the termination is to be effective, the home shall refund an
				  advance rent payment on a prorata basis;
(2) if a resident terminates the contract by
				  giving notice less than one rental period before the termination is to be
				  effective, the home need not refund a payment applicable to the current rental
				  period, but shall prorate the refund of an advance rent payment for a
				  subsequent period; if the home executes a new residential services contract
				  with a new resident in place of the terminating resident, to become effective
				  during the current rental period, the home shall refund the prorata amount of
				  rent applicable to the days of the new contract;
(3) if a resident dies, the home need not
				  refund a payment applicable to the current rental period, but shall prorate the
				  refund of an advance rent payment for a subsequent period; if the home executes
				  a new residential services contract with a new resident in place of the
				  deceased resident, to become effective during the current rental period, the
				  home shall refund the prorata amount of rent applicable to the days of the new
				  contract;
(4) if a home terminates
				  a residential services contract, in accordance with
				  AS
				  47.33.360, it shall refund an advance rent
				  payment on a prorata basis.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 2 - Operation of Assisted Living Homes › 7 AAC 75.340 - Notification requirements

Current through May 31, 2024
(a) An assisted
				  living home shall provide, on a form supplied by the department, written notice
				  to the department, to each affected resident or that resident's representative,
				  and to any service coordinator, as follows:
(1) within 24 hours or on the next business
				  day if
(A) that an administrator, a care
				  provider, or an individual who resides in the home, other than a resident
				  receiving services,
(i) is subject to a
				  department determination under 7 AAC 10.915 (background check) that a barrier
				  crime or condition described in 7 AAC 10.905 exists with respect to the
				  individual 10.905]; for purposes of notice under this sub-subparagraph, a
				  resident is an affected resident if the resident was a victim of the barrier
				  crime or of the act determined to be a barrier condition, or if the barrier
				  crime or the act determined to be a barrier condition was committed on the
				  premises of the assisted living home;
(ii) the individual is out of compliance with
				  the association requirements described in 7 AAC 10.915(g) and 7 AAC 10.935(m);
(iii) a variance for the
				  individual has been denied under 7 AAC 10.930 and 7 AAC 10.935; for purposes of
				  notice under this subsubparagraph, a resident is an affected resident if the
				  resident was a victim of the barrier crime for which the variance was granted
				  or of the act determined to be a barrier condition for which the variance was
				  granted, or if the barrier crime for which the variance was granted or the act
				  determined to be a barrier condition for which the variance was granted was
				  committed on the premises of the assisted living home; or
(iv) a variance for the individual has been
				  revoked under 7 AAC 10.945; for purposes of notice under this sub-subparagraph,
				  a resident is an affected resident if the resident was a victim of a barrier
				  crime that resulted in revocation or of an act determined to be a barrier
				  condition that resulted in revocation, or if a barrier crime that resulted in
				  revocation or the act determined to be a barrier condition that resulted in
				  revocation was committed on the premises of the assisted living home;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 3 - Variances › 7 AAC 75.405 - Request for variance

Current through May 31, 2024
(a) Subject to (b) of this section, an
				  assisted living home may request a general variance under
				  7 AAC 10.9500 -
				  7 AAC 10.9535 if the home cannot meet an applicable
				  requirement of AS 47.32,
				  7 AAC 10.1000 -
				  7 AAC 10.1095, or this chapter.
(b) Variance requests regarding barrier
				  crimes, barrier conditions, and background checks under 7AAC10.900-7 AAC 10.990
				  are subject to the provisions of 7 AAC 10.930 and 7 AAC 10.935
(c) If the department has approved a plan of
				  correction under
				  7 AAC 10.9610 following a notice of violation under
				  AS
				  47.32.120, a home may operate under the plan
				  without submitting an application for a general variance.
The substance of
						7 AAC 75.405 was formerly located at
						7 AAC 75.340(b). The history note does
						not reflect the history of the earlier
						regulations.
Authority:
AS
						47.05.330
AS 47.05.340
AS 47.32.010
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 3 - Variances › 7 AAC 75.415 - Temporary variance to admit a child for care in an assisted living home

Current through May 31, 2024
An assisted living home may apply for a temporary variance
					 to admit a specific child by name for care if the home and a referring agency,
					 in addition to meeting all other applicable requirements of
					 7 AAC 10.1000 -
					 7 AAC 10.1095, develop a plan of safety that
(1) ensures the health and safety of the
				  adults in the home;
(2) ensures the
				  health and safety of the child; and
(3) is approved by the department, by the
				  child's representative, and by each resident of the home or the representative
				  for each resident.
Authority:
AS
						47.32.010
AS
						47.32.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 4 - Violations › 7 AAC 75.510 - Violation conference

Current through May 31, 2024
(a) At any time after an assisted living home
				  has received a notice of violation under AS 47.33.530, the home or the
				  department may request a conference to discuss the violation and the home's
				  options for correcting the violation. A conference, conducted in person or by
				  telephone, will be held no later than seven days after the request is
				  made.
(b) A request for a
				  conference does not extend any other time periods provided for in this
				  chapter.
Authority:
AS 47.33.410
AS 47.33.540
AS 47.33.550
AS 47.33.920
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 4 - Violations › 7 AAC 75.520 - Report of compliance in response to notice of violation

Current through May 31, 2024
(a) Upon correction
				  of a violation described in a notice of violation, an assisted living home
				  shall, within 10 days after correcting the violation, submit to the department
				  a written report of compliance. The department may provide a copy of the report
				  or require the home to provide a copy of the report to each resident of the
				  home or to each resident's representative. The report of compliance must be
				  signed by the administrator of the home and must contain a statement in which
				  the administrator attests to the truth of the contents of the report.
(b) A report of compliance must state how the
				  home corrected each violation listed in the notice of violation.
(c) A report of compliance is a public
				  record. The department will retain it with the notice of violation to which it
				  refers.
(d) The department may
				  reinspect the home within 30 days after receiving a report of compliance, upon
				  consideration of the nature of the violation and the terms of
				  correction.
Authority:
AS 47.33.410
AS 47.33.540
AS 47.33.920
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 4 - Violations › 7 AAC 75.530 - Violation constituting an emergency

Current through May 31, 2024
(a) Subject to (c)
				  of this section, if the department determines that a violation cited by the
				  department in a notice of violation issued under AS 47.33.530 constitutes an
				  emergency because of imminent danger to the health or safety of residents, the
				  department will
(1) issue the notice of
				  violation within 24 hours after determining that an emergency exists; the
				  notice will state the nature of the emergency, the actions required to comply
				  with AS 47.33 and this chapter, and a specific date and time for the home to
				  correct the violation; and
(2)
				  determine whether the violation has been corrected within the date and time
				  specified in the notice.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 4 - Violations › 7 AAC 75.540 - Temporary inability to correct a violation constituting an emergency

Current through May 31, 2024
If an assisted living home is temporarily unable to correct
					 a violation constituting an emergency, the home shall
(1) notify the department of the inability to
				  correct the violation, submit a plan of correction indicating the time required
				  to complete the correction, and submit a plan for alternative care arrangements
				  to be used by the home until the violation is corrected; and
(2) provide notice as required by
				  7 AAC 75.340 that an emergency exists and that the
				  violation cannot be corrected immediately to
(A) each resident of the home or the
				  representative of each resident;
(B) the providers of services to or treatment
				  of the residents; and
(C) the
				  residents' service coordinators.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 4 - Violations › 7 AAC 75.550 - Refusal to correct a violation constituting an emergency

Current through May 31, 2024
If an assisted living home fails to correct a violation
					 constituting an emergency within the date and time specified in the notice of
					 violation, the department will
(1)
				  impose one or more of the administrative sanctions provided for in AS 47.33.550
				  and 7 AAC 75.570; and
(2) provide notice as required by
				  7 AAC 75.340 that an emergency exists and the violation
				  has not been corrected to
(A) each resident
				  of the home or the representative of the resident;
(B) the agencies that provide services or
				  treatment to the residents;
(C) the
				  resident's service coordinators; and
(D) the department's adult protective
				  services program.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 4 - Violations › 7 AAC 75.560 - Sanctions based on conviction of administrator

Current through May 31, 2024
If the criminal conviction of an assisted living home
					 administrator forms the basis of a possible administrative sanction against the
					 home under AS 47.33.550 and
					 7 AAC 75.570, the department will take into
					 consideration whether the conviction poses a risk to residents or has an
					 adverse effect on the safety or effective operation of the
					 home.
Authority:
AS 47.33.410
AS 47.33.920
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 4 - Violations › 7 AAC 75.570 - Sanctions for noncompliance

Current through May 31, 2024
(a) The department
				  will consider the following factors in determining an administrative sanction
				  under AS 47.33.550:
(1) the nature and extent
				  of the violation, and the extent to which the health or safety of residents is
				  adversely affected, specifically considering whether the assisted living home's
				  noncompliance
(A) is likely to have only a
				  minor negative impact on a resident;
(B) results in minimal physical, mental, or
				  psychosocial discomfort to a resident;
(C) results in actual harm to a resident as
				  evidenced by compromising a resident's ability to maintain physical, mental, or
				  psychosocial well-being; or
(D)
				  results in a situation in which immediate corrective action is necessary
				  because the noncompliance has caused, or is likely to cause, serious injury,
				  harm, impairment, or death to a resident;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 75 - Assisted Living Homes › Article 5 - General Provisions › 7 AAC 75.990 - Definitions

Current through May 31, 2024
In AS 47.33 and this chapter, unless the context requires
					 otherwise,
(1) "activities of daily
				  living" has the meaning given in
				  AS
				  47.33.990;
(2) "administrator" has the meaning given in
				  AS
				  47.33.990;
(3) "business day" means a day other than
				  Saturday, Sunday, or a state holiday;
(4) "care provider" means an employee of an
				  assisted living home who provides direct care services to a resident of the
				  home; "care provider" does not include an individual who is an employee of a
				  care-providing entity that is not affiliated with the home;
(5) "department" means the Department of
				  Health and Social Services;
(6)
				  "direct care services" means assistance to a resident of an assisted living
				  home with the activities of daily living and the instrumental activities of
				  daily living;
(7) "emergency
				  shelter" means a home or facility for transient occupants whose occupancy is
				  short-term in nature, not intended to exceed 30 days; "emergency shelter"
				  includes a respite home or facility;
(8) "food service" means the offering of food
				  to residents of an assisted living home as required by
				  7 AAC 75.265;
(9) "home" has the meaning given in
				  AS
				  47.33.990;
(10) "imminent danger to the health or safety
				  of residents" means a situation that is likely to cause serious injury, harm,
				  impairment, or death to one or more residents of an assisted living
				  home;
(11) "instrumental activities
				  of daily living" has the meaning given in
				  AS
				  47.33.990;
(12) "provide" means to furnish, supply, or
				  make available, whether by the owner or an employee of a home or by means of an
				  independent contractor whose services are procured by the home;
(13) "resident" has the meaning given in
				  AS
				  47.33.990;
(14) "residential services contract" means an
				  agreement to provide services in an assisted living home as described in
				  AS
				  47.33.010(a); "residential
				  services contract" does not include an agreement that is solely for rent or for
				  rent and food service, or an agreement between an individual and a friend,
				  personal care attendant, chore provider, or monitor who provides assistance to
				  the individual;
(15) "service
				  coordinator" has the meaning given in
				  AS
				  47.33.990;
(16) "universal precautions" means the
				  infectious control precautions that are recommended by the United States
				  Department of Health and Human Services, Centers for Disease Control and
				  Prevention to be used to prevent the transmission of blood-borne germs such as
				  human immunodeficiency virus and hepatitis B virus.
Authority:
AS 47.33.410
AS 47.33.920
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 77 - Violent Crimes Compensation (Transferred)

Current through May 31, 2024
As of Register 71, the material formerly located in 7 AAC 77
				  was transferred to 13 AAC 80, in recognition of the relocation of the Violent
				  Crimes Compensation Board by sec. 1, ch. 87 SLA 1978. As of Register 166 (July
				  2003), and acting under
				  AS
				  44.62.125(b)(6), the
				  regulations attorney relocated the previously transferred material from 13 AAC
				  80 to 2 AAC 80, to reflect Executive Order 109 (2003). Executive Order 109
				  relocated the Violent Crimes Compensation Board from the Department of Public
				  Safety to the Department of
				  Administration.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.010 - Scope of chapter

Current through May 31, 2024
(a) Except as provided in
				7 AAC 78.020 and
(b) of this section, this chapter applies to
				grants made by the department.
(b)
				This chapter does not apply to the child care grant program under 7 AAC 39 or
				to grant services provided to individuals under 7 AAC 81.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.25.071
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.020 - Limitation

Current through May 31, 2024
If a state or federal statute or regulation addresses a
				  particular grant program and is inconsistent with a provision of this chapter,
				  the state or federal statute or regulation supersedes the provision of this
				  chapter.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.030 - Eligible applicants

Current through May 31, 2024
(a) A state agency, a political subdivision
				of the state, or a nonprofit organization, including a consortium that is a
				nonprofit organization, may apply for a grant under this chapter.
(b) An organization that is a nonprofit
				subsidiary of a nonprofit corporation may apply for a grant. If the nonprofit
				subsidiary applies for a grant, it must submit with its proposal proof of its
				nonprofit status or
(1) proof of the
				nonprofit status of its parent corporation; and
(2) a statement, signed by an agent of the
				parent corporation, that the subsidiary corporation is a nonprofit subsidiary
				of the parent corporation.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.040 - Solicitation for grant services

Current through May 31, 2024
(a) The department
				will issue a solicitation for grant services under this chapter through a
				request for proposals under
				7 AAC 78.050 or an alternate method of solicitation
				under 7 AAC 78.095.
(b) Repealed 10/16/2012.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.050 - Requests for proposals

Current through May 31, 2024
(a) The department will give public notice of
				the availability of a request for proposals for a grant in a manner that is
				reasonably calculated to reach potential applicants. The public notice will
				specify
(1) the grant period;
(2) contact information to obtain a copy of
				the request for proposals; and
(3)
				the deadline by which a proposal in response to the request for proposals is
				due.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.060 - Submission of grant proposal

Current through May 31, 2024
To be considered for a grant, an applicant responding to a
				  request for proposals issued under
				  7 AAC 78.050 must
(1) submit the grant proposal in the format
				specified by the department in the request for proposals;
(2) include in the proposal all information
				required by the request for proposals; and
(3) submit the proposal to the department at
				the address and by the date specified in the request for proposals.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.090 - Review of proposals

Current through May 31, 2024
(a) Unless the department cancels a
				solicitation issued under this chapter, no later than 60 days after the grant
				proposal submission deadline, the department will review each proposal received
				in response to a request for proposals issued under
				7 AAC 78.050 and prepare a record of recommendations for
				the commissioner's consideration.
(b) In preparing a record under (a) of this
				section, the department will
(1) evaluate
				each grant proposal for compliance with the minimum responsiveness criteria,
				technical or other requirements, conditions, and criteria set out in
				7 AAC 78.100 and the request for proposals; based on the
				contents of the proposal and other documentation and information regarding the
				applicant that is available to the department;
(2) eliminate from consideration each
				proposal that fails to meet the minimum responsiveness criteria;
(3) make a recommendation regarding whether
				each proposal should be financed, and at what level; in a recommendation, the
				department will consider:
(A) priorities in
				applicable state health and social services plans;
(B) requirements of applicable state and
				federal statutes and regulations; and
(C) any municipal ordinance or regulation
				applicable to the grant program;
(4) decide whether to
(A) forward its recommendations to the
				commissioner for review under
				7 AAC 78.093; or
(B) appoint a proposal evaluation committee
				under 7 AAC 78.092; the department may
				appoint a proposal evaluation committee if
(i) there are multiple responsive proposals
				for which there is insufficient money to fully fund all responsive proposals;
				or
(ii) the services requested are
				so technical or specialized in nature that expertise is required to evaluate
				whether the services proposed are sufficient to meet the intent of the request
				for proposals;
(5) open proposals so as to avoid disclosure
				of contents to competing applicants before notice of award is issued.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.092 - Proposal evaluation committee

Current through May 31, 2024
(a) If the
				department decides, under
				7 AAC 78.090(b) (5)(B), to appoint a
				proposal evaluation committee, it will
(1)
				appoint at least three committee members to review each responsive grant
				proposal and make recommendations in accordance with (c) and (d) of this
				section; and
(2) ensure that each
				member of a committee appointed under this section has received basic training
				in the procedures and responsibilities of a proposal evaluation committee
				before the committee meets to evaluate proposals.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.093 - Commissioner's decision on grant awards

Current through May 31, 2024
(a) The
				commissioner will make the final decision on the award of a grant. In making a
				final grant award decision, the commissioner will consider
(1) recommendations from the
				department;
(2) recommendations
				from any proposal evaluation committee appointed under
				7 AAC 78.092;
(3) other advisory recommendations;
				and
(4) the criteria established in
				7 AAC 78.100.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.095 - Alternate methods for solicitation and review of grant proposals

Current through May 31, 2024
(a) The
				commissioner will waive the requirements of
				7 AAC 78.050 if, based on grant program goals and
				desired outcomes and on supporting facts submitted by the department, the
				commissioner finds that
(1) the only
				potential applicants for a particular grant are political subdivisions of the
				state or other state agencies;
(2)
				only a single potential grantee or limited number of potential grantees have
				the knowledge, capability, or expertise necessary to accomplish the goals of
				the grant project;
(3) only a
				single potential grantee or limited number of potential grantees can meet the
				goals of the grant project more satisfactorily than any other potential
				grantee; or
(4) an imminent threat
				exists to public health, welfare, or safety, and an emergency grant award can
				be made by reasonable means; any finding under this paragraph will be based on
				a written determination by the department that sets out the facts justifying
				the emergency.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.100 - Criteria for review of proposals

Current through May 31, 2024
Unless the department approves an exception from a criterion
				  that is not relevant to the grant project or grantee, the department will, in
				  addition to criteria established by other applicable state and federal law, use
				  the following criteria in the review of a grant proposal under this
				  chapter:
(1) criteria relating to
				grant program policy and strategies, program goals, and budgets;
(2) criteria relating to personnel,
				management, and facilities, including
(A)
				eligibility to receive grant money under
				7 AAC 78.030;
(B) the applicant's previous experience in
				providing the same or similar services or projects and history of compliance
				with grant requirements, including the resolution of audit exceptions, if any,
				for an applicant that has previously received a grant;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.110 - Notification of award

Current through May 31, 2024
(a) No later than 15 days after the
				commissioner makes a final grant award decision under
				7 AAC 78.093, the department will send to the applicant
				a notice of
(1) intent to award the grant;
				or
(2) intent not to award the
				grant.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.120 - Equal employment opportunity

Current through May 31, 2024
(a) The grantee
				shall post in conspicuous places, accessible to employees and applicants for
				employment, at the location of the grantee's grant project, notices setting out
				the provisions of
				AS
				18.80.220.
(b) The grantee shall state, in solicitations
				or advertisements for employees to work on a grant project, that the grantee is
				an equal opportunity employer and that all qualified applicants will be
				considered for employment without regard to race, religion, color, national
				origin, age, physical or mental disability, gender, or any other status or
				condition described in
				AS
				18.80.220(a)(1).
(c) The grantee shall send to each labor
				union or representative of workers with which the grantee has a collective
				bargaining agreement or other contract or understanding, a notice advising the
				labor union or workers' representative of the grantee's commitments to equal
				employment opportunity and shall post copies of the notice in conspicuous
				places accessible to employees and applicants for employment, at the location
				of the grantee's grant project.
(d)
				The grantee shall include the requirements of this section in the grantee's
				contracts that are paid for, in whole or in part, with grant money and shall
				require compliance with the requirements of this section in contracts entered
				into by the grantee's subcontractors.
(e) The grantee shall promptly comply with
				state directives necessary to insure compliance with federal and state statutes
				and regulations relating to the prevention of discriminatory employment
				practices.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.130 - Civil rights of recipients of services

Current through May 31, 2024
(a) A grantee shall
				comply with the requirements of the following federal statutes:
(1) 42 U.S.C. 2000  d (Civil Rights Act of
				1964);
(2)
										41 U.S.C.
				701 -
				707 (Drug Free Workplace Act of
				1988);
(3)
										42 U.S.C.
				12101 -
				12213 (Americans with Disabilities
				Act of 1990).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.140 - Duration

Current through May 31, 2024
(a) Except for capital grant awards, the
				department will not commit money for a grant for a period that exceeds the
				state fiscal year for which the grant is awarded unless otherwise appropriated
				or allowable by law.
(b) Each year
				of the grant, the department will require a grantee to submit a budget for that
				one-year period and a one-year plan specifying the service to be delivered. The
				commissioner will approve financing the grant project annually for additional
				years contingent upon the continued need for the grant project service, the
				availability of grant money, the grantee's satisfactory performance during the
				previous grant year, satisfactory negotiation for any change in service, and
				whether continuation of the financing is consistent with public health and
				welfare. The department will notify the grantee of the intent to continue
				financing the grant for an additional grant year before the beginning of that
				year by sending a notice of intent to award, contingent upon any revision
				necessary for approval under this chapter.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.150 - Accounting requirements

Current through May 31, 2024
A grantee shall maintain the financial records and accounts
				  of the grantee's grant project, using accounting principles generally accepted
				  in the United States, in a manner that permits those records and accounts to be
				  audited as prescribed in
				  7 AAC 78.230.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.160 - Costs

Current through May 31, 2024
(a) This section applies to a grantee's use
				of grant money.
(b) A grantee may
				use grant money to pay a cost incurred by the grantee only
(1) in accordance with the limitations
				established in this section; and
(2) if the cost is reflected in the budget,
				or budget amendment involving a change in the grant amount approved by the
				commissioner, for the grant project.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.170 - Administrative policies of grantees

Current through May 31, 2024
(a) A grantee shall
				establish written policies relating to employee salaries and overtime, employee
				leave, employee relocation costs, use of consultants and consultant fees,
				training, criminal background checks, if necessary for the protection of
				vulnerable or dependent recipients of services, and conflicts of interest. The
				grantee shall apply these policies consistently in the administration of the
				grant project without regard to the source of the money used for the purposes
				to which the policies relate.
(b) A
				grantee that is a nonprofit organization must establish and adhere to a written
				policy stating that an employee of the grantee may not be a member of the
				grantee's governing board.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.180 - Subcontracts

Current through May 31, 2024
(a) Subject to the requirements of
				7 AAC 78.270 and
				7 AAC 78.275, a grantee may enter into a subcontract for
				the performance of an activity required by the grant project only if the
				grantee
(1) remains administratively and
				financially responsible for the activity and is responsible for the performance
				of the subcontractor;
(2) ensures
				that the subcontractor's records are protected, preserved, and retained as
				required by this chapter;
(3)
				demonstrates that the method of procurement to be used to identify the
				subcontractor for
(A) operating grants is
				reasonably competitive;
(B) capital
				grants meets or exceeds the requirements of AS 36.30 or substantially similar
				law of another jurisdiction; and
(4) obtains department approval before
				entering into a subcontract; however, if the grant received is an operating
				grant, the grantee must obtain department approval only before entering into a
				subcontract with a value of $5,000 or more.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.190 - Payment

Current through May 31, 2024
(a) Subject to
				7 AAC 78.200 and as specified by the department in the
				request for proposals, request for letters of interest, or other method of
				solicitation, and in the grant agreement, the department will make a first
				advance no later than 15 days after the grant agreement is fully
				executed.
(b) Repealed
				10/16/2012.
(c) Other than a first
				advance under (a) of this section, the department will calculate and pay
				advances and reimbursements based on the grantee's compliance with
				7 AAC 78.160,
				7 AAC 78.200,
				7 AAC 78.210, and
				7 AAC 78.260.
(d) A grantee shall reimburse the department
				for a payment to the grantee to the extent that the grantee does not expend or
				encumber the money before the end of the grant period. A grantee shall submit a
				final cumulative fiscal report prepared in accordance with the grant agreement,
				and shall notify the department in writing of any outstanding encumbrance made
				under the grant. Unless the department approves an extension of time, the
				grantee shall submit the final cumulative fiscal report and the written notice
				of any outstanding encumbrance no later than 30 days after the end of the grant
				period. To be eligible for reimbursement by the department for an encumbrance
				reported under this subsection, the encumbrance must
(1) require the use of the encumbered money
				no later than one year after the end of the grant period; and
(2) relate to a cost that is
(A) reflected in the budget or an approved
				budget amendment; and
(B) allowed
				under 7 AAC 78.160.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.200 - Reports

Current through May 31, 2024
(a) To receive grant money under this
				chapter, a grantee must
(1) submit financial
				and progress reports in accordance with the requirements of the grant
				agreement; and
(2) if requested by
				the department,
(A) furnish the department
				with confidential information about the recipients of services paid for, in
				whole or part, by the grant and comply with applicable state and federal
				statutes and regulations, including department regulations, regarding the
				submission of that information; and
(B) provide other information that the
				department considers necessary to evaluate the efficacy of service delivery or
				compliance with applicable state and federal statutes and
				regulations.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.210 - Grant income

Current through May 31, 2024
(a) Grant income earned by a grantee
(1) through a community mental health project
				funded under
				AS
				47.30.520-47.30.620 must be used to augment
				or enhance the grantee's mental health services; or
(2) through a grant project other than a
				project identified in (1) of this subsection must be used to further the goals
				and desired outcomes of the grant project.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.220 - Confidentiality

Current through May 31, 2024
(a) If a federal or state statute or
				regulation requires confidentiality in a grant program, the department will
				establish procedures for preserving that confidentiality before the
				commissioner awards the grant. The department will include the procedures as
				part of the terms of the grant agreement.
(b) Personally identifiable information
				obtained from a grantee by the department relating to a recipient of services
				paid for, in whole or part, by the department is confidential under
				AS
				40.25.120(a).
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.30.845
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.230 - Audit requirements

Current through May 31, 2024
(a) At least once every two years, a grantee
				that is not subject to audit under
				2 AAC 45.010 shall ensure that a fiscal audit of the
				grantee's operations under the grant program is performed by an independent
				certified public accountant. The department may accept a state or federal audit
				as a substitute for this audit. In addition to this audit, or an audit
				conducted under
				2 AAC 45.010, the department may conduct an audit of a
				grantee's operations at any time that the department determines an audit is
				needed. If the department conducts an audit under this subsection, the auditor
				may be a representative of the department or an independent certified public
				accountant. If the grant includes money provided by the federal government or a
				municipal government, and the federal or municipal government conducts an
				audit, the auditor may be a representative of the federal or municipal
				government or an independent certified public accountant. For an audit
				conducted under this subsection, or for an audit conducted under
				2 AAC 45.010, the grantee shall provide the auditor with
				reasonable access to the grantee's books, documents, papers, and
				records.
(b) For an audit conducted
				under this section or under
				2 AAC 45.010, the audit report must include a statement
				of revenue and expenses, budget and actual, that provides, for each state
				fiscal year grant,
(1) the final approved
				budget by line-item category;
(2)
				actual revenues and expenditures by approved line-item category;
(3) any variance between budgeted and actual
				revenues and expenditures; and
(4)
				any disallowed or questioned costs.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.240 - Monitoring and evaluation

Current through May 31, 2024
(a) A
				representative of the department may monitor and evaluate the performance and
				progress of the grant project.
(b)
				The department may enter into a contract with a third party to provide for
				monitoring and evaluation of grantees under (a) of this section.
Authority:
AS
					 18.05.040
AS 18.08.010
AS 18.08.080
AS 18.25.100
AS 18.28.010
AS 18.28.050
AS 29.60.600
AS 44.29.020
AS 47.05.010
AS 47.20.075
AS 47.20.110
AS 47.27.005
AS 47.27.050
AS 47.30.477
AS 47.30.530
AS 47.37.030
AS 47.37.045
AS 47.40.041
AS 47.40.120
AS
					 47.80.130
Alaska Administrative Code › Title 7 - Health and Social Services › Part 6 - Miscellaneous › Chapter 78 - Grant Programs › 7 AAC 78.250 - Retention of records

Current through May 31, 2024
(a) The grantee shall ensure that its
				records, and the records of each subcontractor under
				7 AAC 78.180, are protected and preserved as required by
				this chapter and other applicable state and federal law. The grantee shall
				safeguard confidential information and ensure that any disclosure of that
				information is made in a manner that is permissible under applicable state and
				federal law.
(b) The grantee shall
				retain and preserve financial and administrative grant records, including
				records of the receipt and disposition of grant income that are necessary to
				meet auditing requirements, for at least three years, subject to the following:
(1) the grantee shall retain the records as
				long as an audit is in progress or as long as audit findings, litigation, or
				claims involving the records are pending;
(2) the grantee shall retain records for
				nonexpendable personal property of the grant project for at least three years
				after the final disposition of that property or appropriate reimbursement for
				that property to the state;
(3) the
				retention period for each year's records begins on the date of submission to
				the department of the grantee's annual or final financial status report or its
				equivalent.