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 72 - Civil Commitment › Article 11 - General Provisions › 7 AAC 72.900 - Definitions

Current through May 31, 2024
In this chapter
(1) "administrator" means the person with
				  primary responsibility for the administration and operation of a facility
				  subject to this chapter; "administrator" includes that person's
				  designee;
(2) "commissioner" means
				  the commissioner of health and social services;
(3) "crisis stabilization" means the
				  administration of medication and provision of structure, observation, support,
				  case management, or discharge planning for a person subject to voluntary or
				  involuntary admission for treatment under
				  AS
				  47.30.660-47.30.815;
(4) "department" means the Department of
				  Health and Social Services;
(5)
				  "designated" means designated by the department as an evaluation or treatment
				  facility under this chapter;
(6)
				  "designated evaluation facility" has the meaning given the term "evaluation
				  facility" in
				  AS
				  47.31.100;
(7) "designated treatment facility" has the
				  meaning given in AS 47.30, 915;
(8)
				  "evaluation" means an examination and assessment of a person's
(A) mental health, conducted by a mental
				  health professional; and
(B)
				  physical condition, conducted by a physician;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.015 - Eligibility for admission

Current through May 31, 2024
(a) An applicant is
				eligible for admission to a pioneers' home on a space-available basis if the
				applicant
(1) is a resident of the state
				under 7 AAC 74.035;
(2) subject to
				AS
				47.55.035, has been a resident of the state
				continuously for at least one year immediately preceding application and
				maintains residency in the state while on any waiting list for admission to a
				pioneers' home;
(3) is in need of
				the aid, benefit, or safety of a pioneers' home because of a physical
				disability or other reason, as defined in
				AS
				47.55.900;
(4) is 60 years of age or older;
				and
(5) either
(A) agrees to pay the applicable monthly rate
				set out in 7 AAC 74.025 plus ancillary
				charges; or
(B) if not financially
				able, applies to the department for payment assistance in accordance with
				7 AAC 74.045, and pays the applicable monthly rate set
				out in 7 AAC 74.025 plus ancillary
				charges.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.020 - Eligibility for day services and respite services

Current through May 31, 2024
(a) A
				person is eligible, upon application, for day services and respite services in
				a pioneers' home, if the person is
(1)
				eligible for admission to a pioneers' home; and
(2) on the active waiting list for admission
				maintained under
				7 AAC 74.060(f) (2).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.025 - Rates

Current through May 31, 2024
(a) The monthly rate for each level of
				service described in
				7 AAC 74.010(c)(1) - (4) is the maximum
				rate allowed under
				AS
				47.55.030(f).
(b) The monthly rate for level V services
				described in
				7 AAC 74.010(c)(5) is
				$15,000.
(c) The daily rate for day
				services described in
				7 AAC 74.010(c)(6) or respite services
				described in
				7 AAC 74.010(c)(7), that are provided
				under 7 AAC 74.020, is the maximum rate
				allowed under
				AS
				47.55.030(f).
(d) The department will adjust the rates in
				(a) - (c) of this section in accordance with
				AS
				47.55.030(g) by a percentage
				equal to the percentage increase in the cost-of-living adjustment for social
				security benefits. If consistent with the 90-day time period described in
				AS
				47.55.030(g), new rates will
				be published on the department's website by the first day of December and
				implemented on the first day of January.
The current rates can be viewed online at the Department
					 of Health and Social Services, Alaska Pioneers' Homes website at
http://dhss.alaska.gov/daph
:
					 or can be obtained by calling (907) 465-4416; or by e-mailing
					 alaskapioneerhomcs@alaska.gov.
Authority:
AS
					 47.55.010
AS
					 47.55.020
AS
					 47.55.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.030 - Notice of intent to move out of a pioneers' home

Current through May 31, 2024
(a) A resident
				planning to move out of a pioneers' home must give at least 30 days' written
				notice of the intent to move.
(b)
				If a resident fails to give at least 30 days' notice, the resident shall pay
				the appropriate rate for the 30-day period beginning on the date that the
				resident gives notice.
Authority:
AS
					 47.55.010
AS 47.55.020
AS
					 47.55.030
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.040 - Payment for services in a pioneers' home

Current through May 31, 2024
(a) Every resident
				and recipient shall pay the appropriate monthly or daily rate plus ancillary
				charges if financially able to do so. Every applicant and resident shall
				provide income and resource verification to the department upon admission, if
				there is a change in resources or income, and if there is a change in the level
				of service. The department will use the income and resource verification to
				determine the ability of the applicant and resident to pay and evaluate
				eligibility for other assistance.
(b) A resident and a recipient who is not
				financially able to pay the appropriate rate shall apply to the department for
				payment assistance on a form supplied by the department. The department will
				determine the amount of assistance in accordance with
				7 AAC 74.045.
(c) The department is not liable for the
				medical expenses of a resident or recipient and, except for the medication
				expenses described in
				7 AAC 74.050(b) (2), is not responsible
				for the payment of those expenses.
(d) A person applying for or receiving
				payment assistance as a resident or a recipient under AS 47.55 shall apply for
				the following state or federally sponsored programs that may reduce the amount
				of payment assistance under AS 47.55:
(1)
				Medicaid under 42 U.S.C.
				1396 b - 1396v (Title XIX of the Social
				Security Act);
(2) Medicare under
				42 U.S.C.
				1395-
				1395 hhh (Title XVIII of the
				Social Security Act);
(3)
				Supplemental Security Income under
				 43 U.S.C.
				1382-
				1383  a (Title XVI of the Social
				Security Act);
(4) any program that
				the department identifies in writing to the person that may reduce the amount
				of payment assistance needed under AS 47.55; the department will make the
				identification authorized under this paragraph after a review of information
				available to the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.045 - Payment assistance

Current through May 31, 2024
(a) Payment
				assistance will be provided in an amount that, when added to the applicant's
				income and resources, other than those described in (c) of this section, is
				necessary to cover the appropriate monthly or daily rate. Except as otherwise
				provided in this section, payment assistance begins on the first day of the
				month following the month in which the application for payment assistance is
				approved by the department.
(b) A
				payment assistance application must contain a complete and accurate disclosure
				of income and resources, including, for the applicant and for the applicant's
				spouse,
(1) a description, including
				location, of all real property owned in whole or in part, whether inside or
				outside the state, during the preceding 36 months;
(2) a description, including location, of all
				major resources other than real property owned in whole or in part during the
				preceding 36 months, including automobiles, boats, airplanes, jewelry, cash,
				stocks, bonds, notes, livestock, and major equipment;
(3) a listing of the amount and sources of
				all income that might be received while the applicant is a resident or
				recipient;
(4) copies of federal
				income tax filings for the preceding three years; and
(5) the number, location, and contents of all
				savings, checking, brokerage, or other accounts and safe-deposit boxes held
				either individually or jointly during the preceding 36
				months.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.050 - Personal needs allowance; priority of payments from income

Current through May 31, 2024
(a) If the department determines that
				legislative appropriations are sufficient, the department will pay to a
				resident who does not receive income of at least $200 a month the amount
				necessary to bring the resident's income up to $200 a month. The resident may
				accumulate this money in an account, but loses eligibility for the personal
				needs allowance if the resident accumulates $5,000 or more from any
				source.
(b) Except as otherwise
				provided by law or by a court or administrative order, a resident who is
				receiving payment assistance and who receives a total of more than $300 in
				income in a month from all sources other than the department shall apply the
				excess income to payments for the listed purposes, in the following priority
				sequence:
(1) the resident's federal income
				tax;
(2) the resident's medication
				expenses not included under (4) of this subsection;
(3) the resident's health insurance
				premiums;
(4) the resident's
				monthly rate established by
				7 AAC 74.025, and ancillary charges.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.055 - Required information

Current through May 31, 2024
(a) An application for admission to a
				pioneers' home must include
(1) the names and
				addresses of the applicant's adult relatives, and the name and address of any
				guardian, conservator, holder of a power of attorney, or other responsible
				party; and
(2) a description of any
				physical or cognitive disability of the applicant, and the name of the
				physician, if any, who last treated the condition.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.060 - Admission and discharge

Current through May 31, 2024
(a) Except as
				provided in (b) and (d) of this section, decisions concerning admission,
				continued residence and participation, and discharge shall be made by the
				pioneers' home administrator with advice from the interdisciplinary care team
				for the pioneers' home.
(b)
				Admission to or continued residency or participation in a pioneers' home or
				service will not be approved for a person while the person has
(1) a communicable, contagious, or infectious
				disease that would pose a significant threat to the health, safety, or welfare
				of other residents or recipients; a cold, influenza, or similar illness is not
				considered a significant threat for purposes of this paragraph; or
(2) a behavior problem that would threaten
				the health, safety, or welfare of that person or other residents or recipients,
				as determined by the department.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.065 - Appeal procedures

Current through May 31, 2024
(a) Subject to (d) of this section, the
				following decisions may be appealed to the director within 30 days after the
				mailing or personal delivery of the decision:
(1) a decision made by a pioneers' home
				administrator in the case of admission, discharge, length of absence, continued
				stay in a pioneer home, or eligibility for day services and respite
				services;
(2) a decision made by a
				designated department employee in the case of payment assistance applications
				and discharge for nonpayment of any appropriate rate.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability › Chapter 74 - Alaska Pioneers' Homes › 7 AAC 74.070 - Deceased residents

Current through May 31, 2024
(a) Upon the death of a resident, the
				resident's property that is under the department's control will be disposed of
				in accordance with appropriate court-approved documents.
(b) The department is not responsible for
				funeral, burial, cremation, or similar costs for a resident.
Authority:
AS
					 47.55.070
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.010 - Applicability

Current through May 31, 2024
(a) The requirements of this chapter apply to
				  the licensure and operation of assisted living homes as follows:
(1) an assisted living home licensed on or
				  after April 6, 2002 is subject to all applicable requirements of this
				  chapter;
(2) an assisted living
				  home licensed before April 6, 2002 is subject to all applicable requirements of
				  this chapter, except that the home is exempt from
(A) those training and experience
				  requirements of
				  7 AAC 75.230(c), that an administrator
				  of a home on April 6, 2002 does not already meet; that administrator shall
				  comply with the continuing education requirements of
				  7 AAC 75.220(e); however, an
				  administrator hired after April 6, 2002 is subject to all requirements of
				  7 AAC 75.230 in addition to all other requirements for
				  administrators in this chapter; and
(B) the requirements of
				  7 AAC 75.260(a) (7), dealing with
				  bedroom standards.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.020 - Types of license; duration; licensing responsibility

Current through May 31, 2024
(a) There are two
				  types of assisted living home licenses, as follows:
(1) probationary, for homes
(A) that have not previously been licensed
				  under AS 47.33 and this chapter; or
(B) for which a standard license has been
				  converted to probationary status because of noncompliance with AS 47.33 or this
				  chapter;
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.030 - Powers and duties of the department

Current through May 31, 2024
(a) The department
				  will
(1) license assisted living homes in
				  accordance with AS 47.33 and this chapter;
(2) investigate license applicants,
				  licensees, and homes that are required to be licensed for compliance with AS
				  47.33 and this chapter;
(3) enforce
				  the standards established by AS 47.33 and this chapter; and
(4) inspect and investigate complaints of
				  abandonment, abuse, exploitation, neglect, or self-neglect in assisted living
				  homes.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.050 - Voluntary licensure

Current through May 31, 2024
The department may, as time permits, issue a license to an
					 assisted living home that serves one or two adult residents whether or not the
					 residents are related to the owner by blood or marriage, and that is not
					 required by
					 AS
					 47.33.010 and 47.33.400 to be licensed, but
					 that wishes to become licensed voluntarily. All provisions of this chapter
					 apply to this type of licensure.
Authority:
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.060 - Probationary license

Current through May 31, 2024
(a) The department will issue a probationary
				  license to operate an assisted living home if the department finds that the
				  application and the home's plan for operation comply with AS 47.33 and this
				  chapter. In determining compliance with AS 47.33 and this chapter, the
				  department will consider the nature, size, and character of the home and its
				  residents, and whether the prevailing residential standards of the community
				  and neighborhood in which the home is located are protective of life, health,
				  and safety.
(b) At any time before
				  the expiration of a probationary license, but after the assisted living home is
				  operating, the department may convert a probationary license to a standard
				  license.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.070 - Standard license

Current through May 31, 2024
(a) The department will issue a standard
				  license to operate an assisted living home if, upon completion of the
				  probationary period, and after inspection or investigation, the department
				  finds that the home is operating in compliance with AS 47.33 and this
				  chapter.
(b) In determining
				  compliance with AS 47.33 and this chapter, the department will consider the
				  nature, size, and character of the home and its residents, and whether the
				  prevailing residential standards of the community and neighborhood in which the
				  home is located are protective of life, health, and safety.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.080 - Application for license; modification

Current through May 31, 2024
(a) A person may
				  not begin operation of an assisted living home until that person has obtained a
				  probationary or standard license from the department. A person may not move the
				  location or make a major modification of a licensed assisted living home, or
				  increase the number of residents the home is licensed to serve until that
				  person has obtained approval for a modification of its license from the
				  department. An application under this section must be made on a form supplied
				  by the department. A person may not apply for a license to operate one or more
				  additional homes until each current home has passed the probationary period and
				  been issued a standard license. For purposes of this subsection, "major
				  modification" means a change to the home that, during construction of the
				  modification, would adversely affect the residents, services to the residents,
				  or emergency evacuation of the residents.
(b) An application for a license to operate
				  an assisted living home must be notarized and must contain
(1) the name, title, address, telephone
				  number, and, if available, electronic mail address and facsimile number of
(A) the applicant;
(B) each person who has an ownership interest
				  in the home;
(C) the chief
				  executive officer of the unit or subunit of government, if the applicant is a
				  government entity;
(D) the owner of
				  the premises in which the home will be located, if the applicant is not the
				  owner of the premises; and
(E) the
				  administrator of the 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 1 - Licensing of Assisted Living Homes › 7 AAC 75.085 - Inspection of financial records

Current through May 31, 2024
Before the department will approve an application under
					 7 AAC 75.080, the applicant must demonstrate that the
					 home has sufficient financial resources to operate for a minimum of three
					 months without considering resident income. If requested by the department, the
					 home shall allow the department to inspect the home's financial records to
					 determine whether the home has sufficient financial resources to meet the
					 requirements of 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 1 - Licensing of Assisted Living Homes › 7 AAC 75.090 - Renewal; staggered renewal; extension

Current through May 31, 2024
(a) Before a
				  license expires, the department will notify the licensee that the license is
				  due for renewal.
(b) The department
				  may inspect an assisted living home at any time before a license expires, to
				  determine compliance with AS 47.33 and this chapter and eligibility for
				  renewal.
(c) If the department
				  finds that the home is not in compliance with AS 47.33 or this chapter, the
				  home, in coordination with the department, shall develop a plan of correction
				  with a date for achieving compliance with each provision found to be in
				  noncompliance. If the home is in substantial compliance by each applicable date
				  set out in the plan of correction, the department will issue a probationary
				  license. If the home is in compliance, the department will issue a standard
				  license.
(d) If the department
				  finds that the home is in compliance with AS 47.33 and this chapter, has
				  provided services to residents in accordance with its contracts and plans of
				  care, has maintained the home in good repair, and is in compliance with all
				  applicable local and state building code, fire code, and sanitation code
				  requirements, the department will renew the home's standard license for two
				  years.
(e) If several licensees
				  apply for renewal within a short time, the department may stagger the license
				  renewal dates to facilitate handling the renewals. The department may adjust
				  renewal dates to facilitate the licensing of each assisted living home located
				  in the same geographic area at the same time. The department will not extend or
				  adjust a renewal date for an assisted living home that, during the licensing
				  period, has had more than one complaint filed against it for which the
				  department
(1) and the home have developed a
				  plan of correction; or
(2) has
				  issued a notice of violation.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.100 - Fees

Current through May 31, 2024
(a) An application for a license, or renewal
				  of a license, must be accompanied by the appropriate fee, as follows:
(1) voluntary
				  license........................................................$ 25
(2) probationary or standard license for
				  homes with capacity to serve three to five
				  residents.................................................. 75
(3) probationary or standard license for
				  homes with capacity to serve six or more
				  residents...................................................150.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.110 - Content of license; posting

Current through May 31, 2024
(a) A license to
				  operate an assisted living home will state
(1) whether it is a probationary or standard
				  license;
(2) the effective date of
				  the license;
(3) the name of the
				  licensee;
(4) the location and
				  mailing address of the home to which the license applies;
(5) the number of residents the home is
				  licensed to serve;
(6) the
				  expiration date of the license;
(7)
				  the special conditions, waivers, or variances that have been approved by the
				  department; and
(8) the
				  department's address and phone number.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.120 - Denial of license

Current through May 31, 2024
(a) If the department denies an application
				  for a license, or a license renewal, the department will deliver to the
				  applicant by hand or certified mail a notice of denial containing a summary of
				  the reasons for denial of the application.
(b) If an application is denied, the
				  applicant may reapply or may contest the denial as provided in the
				  Administrative Procedure Act, AS 44.62.
(c) If the applicant decides to contest the
				  denial, the applicant must appeal to the department, in writing, within 30 days
				  after receiving the denial. In the appeal petition, the applicant may request
				  an oral hearing. If an oral hearing is not requested, the appeal will be
				  decided on the basis of review of the original record and whatever additional
				  documents and written argument the applicant presents with the appeal petition.
				  The denial under (a) of this section serves as the statement of issues under
				  AS
				  44.62.370.
Authority:
AS 47.33.410
AS 47.33.550
AS 47.33.560
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.130 - License not transferable

Current through May 31, 2024
Unless modified under
					 7 AAC 75.080, a license issued under this chapter is
					 limited to the location, individuals, and organizations named in the
					 application and may not be transferred to a different location, individual, or
					 organization.
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 1 - Licensing of Assisted Living Homes › 7 AAC 75.140 - Access and inspection

Current through May 31, 2024
(a) An applicant for a license and a licensee
				  shall permit representatives of the department to inspect a home when necessary
				  to implement AS 47.33 and this chapter.
(b) If an applicant for a license refuses to
				  permit an inspection, the department may seek a judicial order allowing access
				  and inspection under AS 47.33.520.
(c) A licensee that refuses to allow access
				  and inspection is in violation of AS 47.33. The department may prepare a notice
				  of violation under AS 47.33.530, impose administrative sanctions under AS
				  47.33.550 and
				  7 AAC 75.570, and seek a judicial order allowing access
				  and inspection under AS 47.33.520.
(d) If the department has reason to believe
				  that a home is operating as an assisted living home and has not applied for a
				  license or refuses to permit an inspection, the department may prepare a notice
				  of violation under AS 47.33.530 and seek a judicial order allowing access and
				  inspection under AS 47.33.520.
Authority:
AS 47.33.410
AS 47.33.520
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 75.210 - Organization; administration; staff

Current through May 31, 2024
(a) An assisted
				  living home shall
(1) provide the department
				  with
(A) the name, address, telephone number,
				  and, if available, electronic mail address and facsimile transmission number of
				  the individual or entity ultimately responsible for operation of the home or
				  proposed home; and
(B) if the home
				  is operated by an association, corporation, or other entity, the name, address,
				  telephone number, and, if available, electronic mail address and facsimile
				  transmission number of each member of its board or governing body and the
				  executive director of the board or governing body; the home may provide
				  information under this subparagraph with its application for a license, and
				  annually thereafter;
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 75.215 - Barrier crimes and conditions; background checks

Current through May 31, 2024
An assisted living home is subject to the applicable
					 requirements of AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990
					 (barrier crimes and conditions; background checks
The substance of this section was formerly set out in
						7 AAC 75.220.
Authority:
AS
						47.05.300
AS 47.05.310
AS 47.05.320
AS 47.05.330
AS 47.05.340
AS 47.32.010
AS 47.32.030
AS 47.33.005
AS
						47.33.010
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 75.220 - General requirements

Current through May 31, 2024
(a) An assisted living home shall provide
				  safeguards to ensure that persons entering or living in the home, including
				  employees, volunteers, contractors, and visitors do not abuse, neglect, or
				  exploit a resident of the home. An assisted living home shall
(1) develop and implement written policies
				  and procedures that prohibit the abuse, neglect, exploitation, and mistreatment
				  of residents;
(2) report alleged or
				  suspected abuse to a local, municipal, or state law enforcement
				  agency;
(3) take any necessary
				  action to remove the potential for further abuse, neglect, exploitation, or
				  mistreatment of a resident or further misappropriation of a resident's
				  property;
(4) document alleged or
				  suspected incidents of abuse, neglect, exploitation, or mistreatment by an
				  employee, a volunteer, a contractor, a visitor, or another resident;
(5) investigate alleged or suspected
				  incidents of abuse, neglect, exploitation, or mistreatment by an employee, a
				  volunteer, a contractor, a visitor, or another resident;
(6) document the result of the investigation
				  and the corrective action taken; and
(7) submit the documentation prepared under
				  this subsection to the department as required in
				  AS
				  47.32.200(c).
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 75.230 - Administrator

Current through May 31, 2024
(a) An assisted living home shall have on
				  staff an administrator who is at least 21 years of age and meets the
				  requirements of
				  7 AAC 75.215,
				  7 AAC 75.220, and this section.
(b) If the administrator does not manage the
				  daily operation of the home, the administrator, or the governing body of a
				  larger organization responsible for the home, shall appoint a resident manager
				  who meets the requirements for an administrator under this chapter.
(c) In addition to the other requirements of
				  this chapter, an individual may not serve as an administrator of an assisted
				  living home unless the individual meets the training and experience
				  requirements of this subsection. The department will accept a baccalaureate or
				  higher degree in gerontology, health administration, or another health-related
				  field in place of all or part of the required experience, if the degree work
				  serves, to the department's satisfaction, as an equivalent to the required
				  experience. Training and experience requirements are as follows:
(1) for a home licensed to serve 1 - 10
				  residents, the individual must fulfill at least one of the following
				  requirements:
(A) the individual must complete
				  an approved management or administrator training course and have at least one
				  year of documented experience, relevant to the population of residents to be
				  served, as a care provider, if the administrator will be providing direct care
				  in the home;
(B) the individual
				  must
(i) complete a certified nurse aide
				  training program that the Board of Nursing has approved under
				  12 AAC 44.830, or that is
				  equivalent in content to the requirements of
				  12 AAC 44.835(c);
				  and
(ii) have at least one year of
				  documented experience, relevant to the population of residents to be served, as
				  a care provider;
(C) the
				  individual must have at least two years of documented experience, relevant to
				  the population of residents to be served, as a care provider, with documented
				  skills or training relevant to the population of residents to be
				  served;
(D) the individual must
				  have sufficient documented experience in an out-of-home care facility, and
				  sufficient training, education, or other similar experience to fulfill the
				  duties of an administrator of the type and size of home where the individual is
				  to be employed and to meet the needs of the population of residents to be
				  served; an administrator under this subparagraph is subject to department
				  approval on a case-by-case basis; for purposes of this subparagraph, an
				  out-of-home care facility includes a foster care home, a board and care home,
				  and a nursing 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 2 - Operation of Assisted Living Homes › 7 AAC 75.240 - Care provider

Current through May 31, 2024
(a) An individual may not be hired or
				  retained as a care provider in an assisted living home subject to AS 47.33 and
				  this chapter unless the person meets the requirements of
				  7 AAC 75.215 and
				  7 AAC 75.220 and is at least
(1) 21 years of age if the individual will
				  serve as a supervisor of other care providers;
(2) 18 years of age if the individual will
				  serve as a care provider working without direct supervision; or
(3) 16 years of age if the individual will
				  serve only as a care provider and has access to assistance from the
				  administrator or another care provider who is at least 21 years of
				  age.
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 75.250 - Advertising

Current through May 31, 2024
(a) An assisted living home may not advertise
				  that it is a "nursing home" or that it provides "nursing care," unless it holds
				  a license under AS 18.20.020-18.20.130.
(b) A home may advertise that it provides
				  housing, food service, personal assistance, assistance with the activities of
				  daily living, or health-related services, as described in
				  AS
				  47.33.010 and
				  47.33.020, including intermittent
				  nursing care or short-term skilled nursing care.
Authority:
AS
						47.33.010
AS 47.33.020
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 75.260 - General environmental requirements

Current through May 31, 2024
(a) A home shall
				  ensure that each resident has
(1) room
				  furniture that is typical for residents of homes in the community and
				  neighborhood in which the assisted living home is located; the furniture may be
				  provided by the resident;
(2)
				  storage space for clothing and personal possessions;
(3) adequate linen, soap, and personal
				  hygiene facilities necessary for cleanliness;
(4) a signal device, as provided for in the
				  assisted living plan of a resident who must use a device when verbal
				  communication is not possible;
(5)
				  reasonable privacy when sharing a room; and
(6) appropriate storage and work areas
				  adjacent to the area of use to accommodate the following functions, if
				  conducted on the premises:
(A) food
				  preparation and serving; and
(B)
				  laundry;
(7) a bedroom
				  that meets the following standards, subject to
				  7 AAC 75.070(b):
(A) if the bedroom is for single occupancy,
				  it must contain at least 80 square feet of open floor space, measured before
				  furniture is placed in the room;
(B) if the bedroom is for double occupancy,
				  it must contain at least 140 square feet of open floor space, measured before
				  furniture is placed in the room;
(C) no more than two residents may be
				  assigned to a bedroom.
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 75.265 - Food service

Current through May 31, 2024
(a) An assisted living home shall offer three
				  balanced, nutritious meals and at least one snack daily at consistent times. A
				  home shall ensure that the meals and snacks offered include the recommended
				  number of servings of each food type set out in the United States Department of
				  Agriculture publication,
The Food Guide Pyramid,
as revised as
				  of October 1996 and adopted by reference. The home shall offer a wide variety
				  of food that includes fresh fruits and vegetables as often as
				  possible.
(b) The home shall
				  consider each resident's health-related or religious restrictions, cultural or
				  ethnic preferences in food preparation, and preference for smaller portions, as
				  reflected in the resident's residential services contract executed under
				  AS
				  47.33.210 and assisted living plan prepared
				  under AS
				  47.33.220 and
				  47.33.230. The home shall also
				  consider a resident's decision, from time to time, to be served smaller
				  portions even if that issue is not addressed in the contract or plan.
(c) An assisted living home shall keep a
				  written record of each day's menu, document whether the meals served were as
				  described in those menus, and keep the documented menus on file for at least
				  one year for review by the department.
The Food Guide Pyramid adopted by reference in
						7 AAC 75.265 is available from the United States
						Department of Agriculture, Center for Nutrition Policy and Promotion, 1120 20th
						St., NW, Washington, D.C. 20036-3475 or go to
						www.usda.gov/cnpp/pyramid2.htm.
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 75.270 - Life and fire safety

Current through May 31, 2024
An assisted living home must meet the applicable life and
					 fire safety requirements of
					 7 AAC 10.1010.
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 2 - Operation of Assisted Living Homes › 7 AAC 75.280 - Sanitation and environmental protection

Current through May 31, 2024
An assisted living home must satisfy applicable standards
					 for sanitation and environmental protection, including the applicable standards
					 of 7 AAC 10.1000 -
					 7 AAC 10.1095. An assisted living home shall allow
					 inspection by the department as required by
					 AS
					 47.32.100 and
					 7 AAC 10.9600 -
					 7 AAC 10.9620, and by any municipal authority
					 responsible for ensuring that the home meets applicable municipal sanitation
					 and environmental protection requirements. The home shall maintain a copy of
					 each inspection report for at least two years and make any report from a
					 municipal authority available for department review. The department may request
					 an inspection by the municipal authority on the home's behalf. The home is
					 responsible for any fee charged.
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 2 - Operation of Assisted Living Homes › 7 AAC 75.290 - Emergency situations

Current through May 31, 2024
(a) If a resident experiences a medical
				  emergency, serious injury, or accident, is involved in assaultive behavior that
				  could injure the resident or another person or that requires police
				  intervention, or is absent without prior notice to the home and could pose a
				  risk of harm to the resident or others, the assisted living home shall
(1) access emergency services, if needed, and
				  provide the emergency care that a reasonably prudent person would provide under
				  the circumstances, including notice to the resident's physician and
				  representative; and
(2) record the
				  date, time, and circumstances of the accident, serious injury, medical
				  emergency, or incident in the resident's file and in any general daily log kept
				  by the home, and provide a copy of the report to the department as required
				  under 7 AAC 75.340.
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 75.295 - Use of intervention and physical restraint

Current through May 31, 2024
(a) An assisted
				  living home must have a written procedure regarding the use of physical
				  restraint. That procedure must be approved by the department under
				  AS
				  47.33.330.
(b) As provided in
				  AS
				  47.33.330(a)(4), an assisted
				  living home may use physical restraint if a resident's actions present an
				  imminent danger to the resident or others, but only after other interventions,
				  including the use of a time out, have failed. A time out or physical restraint
				  may not be used as a punishment, as a substitute for a less restrictive form of
				  intervention, or as a convenience for the home's staff. A time out or physical
				  restraint must be terminated as soon as the resident no longer presents an
				  imminent danger to that resident or others.
(c) At the time of a resident's admission to
				  the home, the home shall
(1) explain its
				  approved physical restraint procedures to the resident or resident's
				  representative;
(2) perform an
				  assessment, at the time of admission, regarding the potential need for the use
				  of time outs or physical restraint asking for information
(A) about the resident's prior behavior that
				  might indicate a need for the use of time outs or physical restraint;
				  and
(B) that might help minimize
				  use of time outs or physical restraint;
(3) address the need for using time outs or
				  physical restraint in the resident's assisted living plan if the home has
				  reason to believe that time outs or physical restraint may be necessary because
				  the resident's prior behavior or medical condition indicates that the resident
				  may occasionally present an imminent danger to the resident or others; the plan
				  must include information regarding
(A) when
				  time outs or physical restraint should be used;
(B) what forms of physical restraint should
				  be used, based on recommendations from the resident's primary physician;
				  and
(C) any prenotification
				  procedures requested by the resident's representative in addition to the
				  24-hour notice required by (d)(1) of this section or the five-day written
				  report required under (d)(2) of this section.
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 75.300 - Assisted living plan

Current through May 31, 2024
(a) Preparation of an assisted living plan in
				  accordance with
				  AS
				  47.33.220,
				  47.33.230, and this chapter shall
				  include a review of any other existing plan of care that may already be in
				  place for the resident. A plan of care already in place for a resident may
				  substitute for the assisted living plan required by
				  AS
				  47.33.220 and
				  47.33.230 if the existing plan
				  incorporates substantially the same provisions and addresses the same
				  requirements as would an assisted living plan.
(b) When an existing plan of care cannot be
				  substituted for an assisted living plan, the assisted living plan required by
				  AS
				  47.33.220 and
				  47.33.230 must, insofar as
				  possible, incorporate the provisions of the plan of care already in place for
				  the resident.
(c) Evaluation of
				  assisted living plans for residents will take into account the timelines
				  established for evaluation of existing plans of care, and will, insofar as
				  possible, set similar evaluation timelines to avoid duplicative evaluation
				  efforts.
(d) Copies of existing
				  plans of care for a resident shall be placed in the assisted living file, along
				  with the assisted living plan.
Authority:
AS
						47.33.220
AS 47.33.230
AS 47.33.240
AS 47.33.920