reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 05 - Vital Records › Article 3 - Special Procedures › 7 AAC 05.990 - Preservation of evidence

Current through May 31, 2024
Such evidence, abstracts thereof, or references thereto
					 required to be submitted to and kept by the bureau in cases of delayed
					 certificates, amendments to certificates, adoptions, legitimations, or any
					 other matter shall be filed permanently and preserved as long as the record to
					 which it may pertain is preserved. It may be filed separately or with the
					 corresponding certificate, as determined by the State Registrar; provided that
					 copies of such evidence need not be included with a certified copy of such
					 certificate unless specifically requested, and then only if not prohibited by
					 existing law or regulation. After a period of 10 years, the files of such
					 evidence, as well as the files of original certificates and materials related
					 thereto required following the establishment of a new certificate of birth
					 after adoption or legitimation, may be preserved by microfilming, with a proper
					 index thereto, and the original files destroyed if deemed desirable in the
					 discretion of the State Registrar.
The original certificates of vital events shall be
					 microfilmed as soon as feasible following registration, in one or more copies,
					 for preservation and safety, as well as for general use within the bureau in
					 searching and certification, if such procedure be found desirable; provided
					 that such original vital records shall not thereafter be destroyed.
Authority:
AS
						18.50.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.001 - Health care facilities considered

Current through May 31, 2024
(a) The department
				will only consider an application for certificate of need from a health care
				facility if the health care facility meets each of the following standards:
(1) the facility is a health care facility as
				defined in
				AS
				18.07.111;
(2) the facility
(A) would be required to obtain a license
				after completion of the construction or to operate the facility under AS 47.32;
				or
(B) is an independent diagnostic
				testing facility or a kidney disease treatment center, including a freestanding
				hemodialysis unit;
(3)
				the facility is located or providing services in the state.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.025 - Standards and methodologies; waiver of standards

Current through May 31, 2024
(a) Before
				forwarding a certificate of need application to the commissioner for a decision
				under 7 AAC 07.070, the department will
				review the application and supporting documents to determine if the certificate
				of need application
(1) meets the applicable
				requirements of AS 18.07;
(2)
				complies with the requirements of this chapter; and
(3) meets the certificate of need review
				standards and uses the methodologies identified in the department's document
				entitled
Alaska Certificate of Need Review Standards and
				Methodologies
, dated December 9, 2005, and adopted by
				reference.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.031 - Request for determination of whether a certificate of need is required

Current through May 31, 2024
(a) A person
				who is considering whether to undertake an activity involving the construction
				or alteration of a health care facility or the addition of a category of health
				care services provided by a health care facility may submit to the department a
				written request for a determination as to whether the requirements of AS 18.07
				and this chapter are applicable to the activity proposed, including whether
(1) the total cost for an expenditure for an
				activity listed in
				AS
				18.07.031(a)(1) - (3) will
				meet or exceed the expenditure threshold set in
				AS
				18.07.031;
(2) the activity constitutes a conversion to
				a nursing home under
				AS
				18.07.031(b);
(3) the expenditure would be considered a
				cost associated with
(A) routine maintenance;
				or
(B) routine replacement of
				equipment; or
(4) the
				facility involved in the activity is a health care facility.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.032 - Public notice of decision on request for determination of whether a certificate of need is required

Current through May 31, 2024
The department will publish notice of its determination under
				  7 AAC 07.031 in at least one newspaper of general
				  circulation in the state and on the Alaska Online Public Notice System
				  established under
				  AS
				  44.62.175. In the notice, the department
				  will
(1) describe the proposed
				activity, including the name of the person who submitted the request, and the
				proposed service area; if the department has determined that a certificate of
				need is not required, the department will also include the estimated cost of
				the activity; and
(2) state whether
				the department has determined that the proposed activity
(A) cannot proceed unless a certificate of
				need is issued for the activity under AS 18.07 and this chapter, and that the
				department will begin its review of the application for a certificate of need
				after the application is received; or
(B) does not require a certificate of
				need.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.033 - Request for reconsideration

Current through May 31, 2024
(a) A person who
				requested a determination under
				7 AAC 07.031 may seek reconsideration of the
				determination by submitting a written request for reconsideration to the
				department. A request for reconsideration must
(1) be postmarked no later than 30 days after
				the date of the written notice of determination issued under
				7 AAC 07.031;
(2) be signed by the person seeking
				reconsideration, or an authorized representative;
(3) contain a description of the
				determination for which reconsideration is sought; and
(4) identify, with supporting information,
				each reason for disagreeing with the department's determination.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.035 - Pre-application conference

Current through May 31, 2024
Before an applicant for a certificate of need submits an
				  application, the department will, if requested by the applicant, or on its own
				  initiative, schedule a pre-application conference to provide guidance and
				  technical assistance regarding the application process. The department will not
				  assist in preparing or completing an application, but may, if necessary
				  information is available, provide that information to assist the applicant in
				  preparing an application.
Authority:
AS
					 18.07.031
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.040 - Submission of application

Current through May 31, 2024
(a) To apply for a
				certificate of need, a person must
(1) submit
				all of the information required by the department's
Certificate of Need
				Application Packet
, dated December 9, 2005, and adopted by
				reference;
(2) submit the
				application fee determined under
				7 AAC 07.079;
(3) agree in writing to participate in the
				uniform statewide reporting system required under
				AS
				18.07.101 when requested under
				7 AAC 07.105(c); and
(4) state whether the certificate of need is
				intended to initiate a change in bed capacity in the service area covered by
				the proposed certificate of need.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.042 - Public notice of receipt of application

Current through May 31, 2024
(a) When the
				department receives an application for a certificate of need under
				7 AAC 07.040, the department will publish notice in at
				least one newspaper of general circulation in the state and on the Alaska
				Online Public Notice System established under
				AS
				44.62.175. In the notice, the department will
(1) describe the proposed activity, including
				the applicant's name and the proposed service area;
(2) state that any person planning to submit
				an application for a similar activity in the same proposed service area must
				submit a
(A) letter of intent that must be
				received by the department no later than 4:30 p.m. on a date set in the notice
				that is at least 25 days after the date of the publication of the notice, so
				that the department may prepare to conduct a concurrent review of all
				applications; the letter of intent must include
(i) a clear, complete, and current
				description of the proposed activity, including a description of each component
				of the activity proposed to be undertaken;
(ii) a certified estimate of the total cost
				of each proposed component of the activity listed in
				7 AAC 07.010(a), as applicable, for the
				entire project; and
(iii) an
				estimated starting date and completion date for the proposed activity;
				and
(B) complete
				application for a certificate of need no later than 60 days after the
				department decides that the initial application for a similar service is
				complete;
(3) include
				the department's mailing address, street address, electronic mail address, and
				facsimile number for purposes of submitting a letter of intent described in (2)
				of this subsection; and
(4) state
				that after the department has conducted a review for completeness under
				7 AAC 07.050, the department will publish notice of that
				decision that includes opportunity for public comment and notifies the public
				where a copy of each application may be reviewed.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.050 - Review for completeness

Current through May 31, 2024
(a) The department
				will review each certificate of need application received under this chapter to
				determine if it is complete.
(b) No
				later than 30 days after the department receives an application, the department
				will notify the applicant in writing that the application has been accepted as
				complete or will request additional information under (c) of this section as
				necessary for the department to complete its review.
(c) If the department requests additional
				information under (b) of this section, the applicant shall submit the
				information no later than 60 days after receiving the request. The department
				will review any additional information submitted under this subsection no later
				than 20 days after the information is received and will notify the applicant
				that the application is complete or that the department requires additional
				information to complete its review.
(d) If an applicant fails to submit, no later
				than 60 days after receiving the request, additional information requested
				under (b) or (c) of this section, the department will deny the application. An
				applicant whose application is denied for untimely submission of additional
				information may submit a new application for review under this
				section.
Authority:
AS
					 18.07.035
AS 18.07.045
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.052 - Public notice of complete application

Current through May 31, 2024
(a) If the
				department accepts one or more applications as complete, the department will
				publish notice of that decision under (b) of this section in at least one
				newspaper of general circulation in the state, and on the Alaska Online Public
				Notice System established under
				AS
				44.62.175. The department will send a written
				notice by electronic mail, or, if the recipient has informed the department
				that it prefers to receive notice by mail or facsimile transmission, then the
				department will send notice by the chosen option, to each health care facility
				located in the proposed service area, to each person who has requested
				notification, and to each person that the department believes is interested in
				the application.
(b) In a notice
				published under this section, the department will
(1) describe the activity proposed in each
				application, including the applicant's name, and advise where copies of the
				application are available for review;
(2) advise that the department has accepted
				each application as complete;
(3)
				identify which application is the originating application and which
				applications are concurrent applications;
(4) if more than one application has been
				accepted for a similar activity in the same service area, advise that the
				department will conduct a comparative review;
(5) include the proposed schedule for the
				review;
(6) include the date, time,
				and place of a public meeting; a meeting under this paragraph
(A) will be held no less than 15 and no more
				than 30 days after the date of the publication of the notice; and
(B) may be conducted by
				teleconference;
(7)
				state that any person may submit written comments to the department regarding
				each proposed activity, and that the department will consider those comments if
				they are received no later than 30 days after the date of the publication of
				the notice; and
(8) state that any
				person may request notification of the commissioner's decision on each
				application under
				7 AAC 07.070(f).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.060 - Certificate of need application review process; comparative review

Current through May 31, 2024
(a) The department
				will review each complete application using the standards of
				AS
				18.07.041 or
				18.07.043 and the standards and
				methodologies adopted by reference in
				7 AAC 07.025. When the department's review is completed,
				the department will submit its analysis and recommendation to the commissioner
				within the time standards allowed under
				AS
				18.07.045, including any
(1) deferment under
				AS
				18.07.045(a)(1);
				or
(2) extension granted under
				AS
				18.07.045(b).
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.067 - Contact with department prohibited during application review

Current through May 31, 2024
(a) An applicant,
				any person acting on the applicant's behalf, any holder of a certificate of
				need, or any person opposed to or in favor of the proposed activity, may not
				contact the department, including the commissioner, regarding the substantive
				matters of an originating application or any competing application
(1) after the close of public comment under
				7 AAC 07.052; and
(2) before the written decision of the
				commissioner is released under
				7 AAC 07.070.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.070 - Decision by commissioner

Current through May 31, 2024
(a) The decision of
				the commissioner to grant or deny a certificate of need will be made in writing
				in accordance with (c) of this section. In that decision, the commissioner will
				state, as applicable, the
(1) maximum
				expenditure that may be obligated for the proposed activity;
(2) bed capacity;
(3) approved capacity of other services that
				are expanded or added; and
(4)
				completion date for the proposed activity.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.072 - Public notice of commissioner's decision

Current through May 31, 2024
After the commissioner makes a decision under
				  7 AAC 07.070, the department will publish notice of that
				  decision in at least one newspaper of general circulation in the state and on
				  the Alaska Online Public Notice System established under
				  AS
				  44.62.175. In the notice, the commissioner
				  will describe the proposed activity as authorized by the certificate of need,
				  briefly summarize the commissioner's decision, include information about how to
				  obtain a copy of the decision, and state that an appeal under
				  7 AAC 07.080 or an administrative hearing under
				  7 AAC 07.082 may be filed or initiated no later than 30
				  days after the date of publication of the notice under this
				  section.
Authority:
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.079 - Application fee

Current through May 31, 2024
An applicant for a certificate of need must include with the
				  application a nonrefundable application fee as follows:
(1) for an activity valued at $2,500,000 or
				less, $2,500;
(2) for an activity
				valued at more than $2,500,000, a fee equal to.1 percent of the estimated cost,
				up to a maximum fee of $75,000.
Authority:
AS
					 18.07.035
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.080 - Hearing on denial of an application for a certificate of need

Current through May 31, 2024
(a) An applicant
				for a certificate of need whose application was denied in whole or in part by
				the commissioner may appeal that decision by requesting a hearing under this
				section. A request for a hearing must
(1) be
				filed no later than 30 days after the date of publication of the notice under
				7 AAC 07.072; and
(2) clearly state, in writing, the basis for
				the hearing.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.082 - Hearing for modification, suspension, or revocation of an existing certificate of need

Current through May 31, 2024
(a) The department, a member of the public
				who is substantially affected by activities authorized by a certificate of
				need, or another applicant for a certificate of need may initiate an
				administrative hearing under this section for purposes of seeking review on a
				modification, suspension, or revocation of an existing certificate of need, by
				filing an accusation in accordance with (b) - (d) of this section. The
				accusation must be filed with the department no later than 30 days of the date
				of publication of the notice under
				7 AAC 07.072 if the accusation is seeking a review of a
				decision made under
				7 AAC 07.070.
(b) A hearing to seek modification of an
				existing certificate of need must conform to the requirements of
				AS
				18.07.081(b) and
				AS
				44.62.360.
(c) A hearing to request a suspension of an
				existing certificate of need must conform to the requirements of
				AS
				18.07.081(c) and
				AS
				44.62.360.
(d) A hearing to request a revocation of an
				existing certificate of need must conform to the requirements of
				AS
				18.07.081(d) and
				AS
				44.62.360.
(e) The department may intervene as a right
				as a party in an administrative hearing concerning an accusation filed under
				(a) of this section by a member of the public who is substantially affected by
				activities authorized by a certificate of need or by another applicant for a
				certificate of need. If the department does not exercise its right to
				intervene, the department's role is limited to issuing a decision on the
				accusation, and the department is not a party.
(f) A hearing under this section will be
				conducted in accordance with
				AS
				44.62.330-44.62.640.
(g) The commissioner may consolidate hearings
				granted under this section.
Authority:
AS
					 18.07.031
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.092 - Change of ownership or facility location

Current through May 31, 2024
If a health care facility is sold, leased, discontinued, or
				  moved to a new location during the department's review of an application for a
				  certificate of need, or before completion of an activity for which a
				  certificate of need has been issued, the applicant shall notify the department
				  in writing within 20 working days after the sale, lease, discontinuance, or
				  move, and shall include complete information regarding the action that has
				  occurred. Notification under this section does not require submittal of a new
				  certificate of need application.
Authority:
AS
					 18.07.031
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.095 - Modification of a certificate of need

Current through May 31, 2024
(a) A certificate
				of need may not be modified after a proposed activity has been completed or
				after the completion date on the most current certificate of need has
				passed.
(b) If the holder of a
				certificate of need is making continuing progress toward completion of the
				activity authorized by a certificate of need, the holder may submit a request
				to the department for up to a two-year extension of the completion date
				specified in the certificate. The holder shall submit a written request to the
				department that describes the need for an extension and specifies the new
				completion date. The department will issue a modified certificate of need with
				the new completion date if the holder is making continuing progress toward
				completion of the activity. An extension described in this subsection may be
				made only once. To make an additional change in the completion date, the holder
				must submit a request for modification under (c) of this section.
(c) Except as provided in (b) of this section
				for a one-time change in the completion date, the holder of the certificate of
				need must submit a written request for a modification of the certificate if
(1) the scope of an activity changes or is
				expected to change; an activity changes in scope if one or more purpose or goal
				of a proposed activity has been added or eliminated; a redesign of a project
				and an expansion or addition of a purpose or goal is not considered a change in
				scope if the main elements of the proposed activity are intact and cost remains
				the same or is reduced;
(2) an
				additional change in the completion date beyond that allowed under (b) of this
				section is needed;
(3) a design
				change is required that will affect anticipated operating costs by $250,000 or
				more; or
(4) an increase occurs or
				is expected to occur in the cost of the proposed activity by more than 15
				percent above the approved maximum expenditure.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.105 - Periodic reports

Current through May 31, 2024
(a) Regardless of whether the facility is
				making an expenditure that requires a certificate of need, a health care
				facility, as defined in
				AS
				18.07.111, shall complete and submit to the
				department an annual expenditure and data report on a form provided by the
				department.
(b) A person who is
				issued a certificate of need shall provide the department with written reports
				on the development of the activity until the activity is completed or
				terminated. The person shall submit a report required under this subsection on
				or before January 1 and July 1 each year. If the first submittal date occurs
				less than six months after the certificate of need or determination was issued,
				the first report is due on the following submittal date.
(c) The department will prepare and publish
				an annual report on the status of requests under
				7 AAC 07.031, letters of intent, applications, and
				reviews under this chapter. In the annual report, the department will include a
				general statement of the findings and decisions for each completed
				review.
(d) For purposes of the
				uniform statewide system of reporting required under
				AS
				18.07.101, the department will include in the
				annual report published under (c) of this section a summary of available health
				care services. Each health care facility shall provide the department with that
				information when requested, using a form supplied by the department.
Authority:
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.107 - Inspections for compliance with certificate of need

Current through May 31, 2024
The department may conduct an inspection to determine that an
				  activity subject to a certificate of need is being, or has been, developed as
				  authorized in the certificate. The certificate holder shall allow the
				  department, after proper identification, access to the premises during regular
				  business hours to investigate, inspect, examine, evaluate, or analyze
				  facilities, records, and operations related to the activity authorized in the
				  certificate of need.
Authority:
AS
					 18.07.031
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.109 - Dates

Current through May 31, 2024
Wherever this chapter identifies a date in which a letter,
				  application, document, request for a hearing, or accusation must be submitted
				  and that date falls on a weekend or a state or federal holiday, that date is
				  extended to the next business day recognized by the state.
Authority:
AS
					 18.07.031
AS
					 18.07.101
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 07 - Certificate of Need › 7 AAC 07.900 - Definitions

Current through May 31, 2024
In this chapter, unless the context indicates
				  otherwise,
(1) "activity" means the
(A) construction of a health care
				facility;
(B) alteration of the bed
				capacity of a health care facility;
(C) addition of a category of health services
				provided by a health care facility; or
(D) conversion of a building or part of a
				building to a nursing home that requires licensure under AS 47.32;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 1 - Purpose, Applicability, and Administrative Provisions › 7 AAC 10.010 - Purpose of chapter

Current through May 31, 2024
The purpose of this chapter is to establish certain
					 licensing, certification, approval, and other requirements for providers
					 defined in 7 AAC 10.990, and to establish standards for the protection of
					 public health, safety, and welfare.
Authority:
AS
						18.05.010
AS 18.05.040
AS 44.29.020
AS 47.05.300
AS 47.05.310
AS 47.05.330
AS 47.14.120
AS 47.32.010
AS 47.32.020
AS 47.32.030
AS 47.33.005
AS
						47.33.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 1 - Purpose, Applicability, and Administrative Provisions › 7 AAC 10.015 - Applicability of chapter

Current through May 31, 2024
The provisions of
(1)7 AAC 10.900 - 7 AAC 10.990 (Barrier
				  Crimes and Conditions; Background Checks) apply to a provider described in 7 AAC 10.990;
(2)7 AAC 10.1000 -
				  7 AAC 10.1095 (Environmental Health and Safety) apply to
				  an entity listed in
				  7 AAC 10.1000(b); and
(3)7 AAC 10.9500 -
				  7 AAC 10.9535 (General Variance Procedures) and
				  7 AAC 10.9600 -
				  7 AAC 10.9620 (Inspections and Investigations) apply to
				  an entity subject to AS 47.32 and
(A) this
				  chapter; or
(B) 7 AAC 12.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.900 - Purpose and applicability; exceptions

Current through May 31, 2024
(a) The purpose of
				  7 AAC 10.900 - 7 AAC 10.990 is to establish standards, requirements, and
				  procedures dealing with barrier crimes and conditions and with background
				  checks, including
(1) the identification of
				  banier crimes and conditions that would bar an individual from
(A) licensure, certification, or approval by
				  the department;
(B) a finding of
				  eligibility to receive certain payments from the department; and
(C) association with a provider in a manner
				  described in (b) of this section;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.902 - Request for a background check

Current through May 31, 2024
An applicant may request a background check under 7 AAC 10.900 - 7 AAC 10.990 to comply with 7 AAC 10.900( a)(1).
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
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.903 - Limited disclosure of background check and variance review committee information

Current through May 31, 2024
(a) The department, including the variance
				  review committee appointed under 7 AAC 10.935, will limit the use of
				  information gathered during the background check process under 7 AAC 10.900 - 7 AAC 10.990 as stated in this section.
(b) The department will not disclose
				  information obtained by a representative, agent, volunteer, or employee of the
				  department in the course of discharging the background check process under 7 AAC 10.900 - 7 AAC 10.990, or in the course of discharging the responsibilities
				  of the variance review committee, to anyone outside the department, except as
				  authorized by state or federal law governing the program or program review or
				  audit to which the information relates.
(c) Unless otherwise authorized by law, the
				  department will not use or disclose protected health information except as
				  required or permitted by 42 C.F.R. Part 2 (Confidentiality of Alcohol and Drug
				  Abuse Patient Records),  45 C.F.R. Part 160, Subpart C (Compliance and
				  Investigations), and  45 C.F.R. Part 164, Subpart E (Privacy of Individually
				  Identifiable Health Information), each as revised as of October 1, 2016, and
				  adopted by reference.
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
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.905 - Barrier crimes and conditions

Current through May 31, 2024
(a) A barrier crime
				  or condition is a criminal offense or civil finding that prohibits a provider
				  or an applicant from being approved under 7 AAC 10.900. The standards and
				  prohibitions in this section apply to an individual who seeks to be associated
				  or to remain associated in a manner described in 7 AAC 10.900(b) with a
				  provider that is subject to AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC
				  10.990.1, and
(1) has been charged with,
				  convicted of, found not guilty by reason of insanity for, or adjudicated as a
				  delinquent for, a crime listed in this section or a crime with similar elements
				  in another jurisdiction; or
(2) has
				  been found by a court or agency of this state or of another jurisdiction to
				  have been involved in a matter that the department determines would be
				  inconsistent with the standards for protection of the health, safety, and
				  welfare of recipients of care.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.910 - Request for background check

Current through May 31, 2024
(a) A provider must
				  request a background check under this section, or provide proof of a valid
				  fingerprint-based background check, for each individual to be associated with
				  the provider in any manner described in
				  7 AAC 10.900(b). A provider must request a
				  background check
(1) when the provider
				  submits an initial application for a license, certification, approval, or
				  finding of eligibility to receive payments from the department;
(2) for a new owner, officer, director,
				  partner, member, or principal of the business organization if there is a change
				  in ownership of the business organization, or if an officer, director, partner,
				  member, or principal of the business organization is replaced; the background
				  check must be completed before the individual begins association unless the
				  department issues notice of a provisional valid background check under
				  7 AAC 10.920;
(3) except as provided otherwise in this
				  section, if the provider wishes to appoint a board member or to hire or retain
				  an employee, an independent contractor, an apprentice, or an unsupervised
				  volunteer described in
				  7 AAC 10.900(b)(3); the background check
				  must be completed before appointment or hiring unless the department issues
				  notice of a provisional valid background check under
				  7 AAC 10.920;
(4) for an individual 16 years of age or
				  older who is not a recipient of services, and who wishes to reside in the
				  entity or to be present as described in
				  7 AAC 10.900(b) (5) or (6); the background
				  check must be completed before the individual begins association unless
(A) the department issues notice of a
				  provisional valid background check under
				  7 AAC 10.920; or
(B) the individual is residing in the entity
				  before that individual's 16th birthday; for an individual described in this
				  subparagraph, the provider must submit the information required under (b) of
				  this section within 30 days after the individual's 16th birthday; or
(5) at any time requested by the
				  department
(A) to show compliance with
				  7 AAC 10.900 -
				  7 AAC 10.990 during
				  inspection, monitoring, or investigation; or
(B) for an individual if the department has
				  good cause to believe that the individual's background has changed;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.915 - Background check

Current through May 31, 2024
(a) To perform its functions under AS
				  47.05.330, the department will screen a request for a background check through
(1) the registry of certified nurse aides
				  under AS 08.68.333;
(2) the Alaska
				  Sex Offender/Child Kidnapper Registry that the Department of Public Safety
				  maintains under AS 18.65.087;
(3)
				  the List of Excluded Individuals and Entities (LEIE) that the United States
				  Department of Health and Human Services, Office of Inspector General maintains
				  under  42 U.S.C. 1320a-7 and 1320c-5  (sees. 1128 and 1156 of the Social Security
				  Act); and
(4) any other registry or
				  database determined by the department to be relevant to the screening being
				  conducted under AS 47.05.330 for an individual, including
(A) professional licensing registries;
				  and
(B) any registry or database
				  maintained by this state or by another state.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.920 - Provisional valid background check

Current through May 31, 2024
(a) Subject to (b)
				  and (c) of this section, the department may issue notification of a provisional
				  valid background check after screening an applicant under 7 AAC 10.915(a) and
				  reviewing the criminal justice information supplied by the Department of Public
				  Safety, if a barrier crime or condition is not discovered in that screening and
				  review and if
(1) the department determines
				  that further review time by the department might unduly delay the
				  process;
(2) the provider has
				  requested an expedited review and has
(A)
				  included justification for the expedited review;
(B) submitted, at a minimum, the documents
				  required under 7 AAC 10.910(b)(1) and (2) and the fees required under 7 AAC 10.910(b){4) and (5); and
(C)
				  agreed to submit within 30 days the fingerprints required under 7 AAC 10.910(b)(3) and any items required under 7 AAC 10.910(b)(4) and (5) that were
				  not included with the request; or
(3) a request for a background check does not
				  include the required fingerprints because fingerprinting acceptable to the
				  Department of Public Safety is not available within 100 miles by road, and the
				  provider agrees to submit within 30 days the fingerprints required under 7 AAC 10.910(b)(3) and any items required under 7 AAC 10.910(b)(4) and (5) that were
				  not included with the request.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.925 - Monitoring and notification requirements

Current through May 31, 2024
(a) A provider
				  shall monitor to ensure that all applicants associated with the provider in any
				  manner described in 7 AAC 10.900(b) continue to meet the applicable
				  requirements of AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990. The
				  provider shall require each applicant for whom a background check is required
				  to report to the provider within 24 hours or the next business day if the
				  applicant is charged with, convicted of, found not guilty by reason of insanity
				  for, or adjudicated as a delinquent for, a barrier crime listed in 7 AAC 10.905.
(1) charged with, convicted of, found
				  not guilty by reason of insanity for, or adjudicated as a delinquent for, a
				  barrier crime listed in
				  7 AAC 10.905; or
(2) is the subject of a matter that must be
				  reported under
				  7 AAC 10.955(c) for the centralized
				  registry.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.927 - Request for a redetermination

Current through May 31, 2024
(a) If the
				  department makes a determination under 7 AAC 10.915(d) or (e) that a barrier
				  crime or condition exists, or if the department revokes an applicant's
				  background check under 7 AAC 10.945(a), the applicant who was the subject of
				  the background check may submit a request for a redetermination under this
				  section if the applicant
(1) believes that
				  the department's determination was made in error;
(2) believes there was an error in the
				  information that the department relied on; or
(3) has new or additional factual information
				  that could change the department's determination.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.935 - Review of request for a variance

Current through May 31, 2024
(a) The
				  commissioner will appoint three or more department employees, including a
				  chair, to serve as a variance review committee whose primary responsibility is
				  to evaluate variance requests submitted under 7 AAC 10.900-7 AAC 10.990. The
				  commissioner will include at least one employee from each oversight division.
				  An employee who is substantively involved in any recommendation made under 7 AAC 10.930(b) to the variance review committee shall recuse oneself from
				  participation in committee's review of the variance request for which the
				  employee made the recommendation. A director making a recommendation under (h)
				  of this section shall recuse oneself from participation in the committee's
				  review of the variance request for which the director makes the
				  recommendation.
(b) In reviewing a
				  request for a variance, the chair of the variance review committee shall
				  determine whether a variance is prohibited under 7 AAC 10.930. If a variance is
				  prohibited, the chair of the variance review committee, without involving the
				  full variance review committee, shall immediately send the commissioner a
				  recommendation under (g) of this section and clearly indicate the prohibition
				  in the recommendation.
(c) The
				  chair of the variance review committee shall initially evaluate a variance
				  request within 10 days after the oversight division determines a variance
				  request to be complete under 7 AAC 10.930(b). The initial evaluation must
				  include an initial assessment of the basis for the variance request and a
				  determination, using the standards that the full variance review committee
				  would use under (d) and (e) of this section, of how the variance if granted
				  would impact the health, safety, or welfare of any recipient of services
				  authorized or services paid in full or in part by the department. At the end of
				  the evaluation, the chair may
(1) without
				  involving the full variance review committee immediately send the commissioner
				  a recommendation under (g) of this section to grant the variance request;
				  or
(2) refer the matter to the full
				  variance review committee to evaluate the variance request as provided in this
				  section.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.940 - Posting of variance decision required

Current through May 31, 2024
(a) Except as
				  provided in (b) and (c) of this section, if the department grants a variance
				  under 7 AAC 10.935, the provider shall post a copy of the variance decision
				  with the copy of the license, certification, approval, or finding of
				  eligibility to receive payments. The posting must be in a conspicuous place
				  where the copy of the variance can be readily viewed by persons interested in
				  obtaining the services offered by the provider.
(b) The requirements of (a) of this section
				  do not apply to a variance granted to an applicant unless that applicant
				  becomes associated with a provider in any manner described in 7 AAC 10.900(b
				).
(c) The requirements of (a) of
				  this section do not apply to a facility licensed for foster care or to an
				  approval for an adoption subsidy issued by the departmental office that
				  oversees children's services.
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
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.945 - Revocation of valid criminal history check or variance

Current through May 31, 2024
(a) Subject to AS
				  47.32, if the department decides to revoke a valid background check issued
				  under 7 AAC 10.900 - 7 AAC 10.990, the department will provide electronic
				  notice of the change in determination to the provider for whom the background
				  check was conducted. The department will provide written notice of revocation
				  to the applicant for whom the background check was conducted. In the notice to
				  the applicant, the department will include the reasons for the department's
				  decision and will advise an applicant of the right to request a redetermination
				  under 7 AAC 10.927 if the applicant believes that the department's
				  determination was made in error or believes that there was an error in the
				  information that the department relied on, or if the applicant has new or
				  additional factual information that could change the department's decision.
				  Nothing in this section precludes the submission of a request for a variance
				  under 7 AAC 10.930.
(b) If the
				  oversight division decides to revoke a variance issued under 7 AAC 10.900 - 7 AAC 10.990, the oversight division shall provide written notice of revocation
				  to the provider to whom the variance was issued and to any applicant who was
				  the subject of the variance. In the notice to the applicant, the oversight
				  division shall include the reasons for the oversight division's decision and
				  will advise the applicant of the right to request reconsideration under 7 AAC 10.950 if the applicant believes that the oversight division's determination
				  was made in error or believes that there was an error in the information that
				  the oversight division relied on, or if the applicant has new or additional
				  factual information that could change the oversight division's decision.
				  Nothing in this section precludes the resubmission of a request for variance
				  under 7 AAC 10.930.
(c) A notice of
				  revocation issued under this section is effective immediately after the
				  department issues the notice, unless a delay is granted under (d) of this
				  section.
(d) At the request of the
				  provider or applicant, the department may delay the effective date of a
				  revocation under this section for not more than 30 days after its issuance if
				  the department determines that closer supervision and revised work conditions
				  under which the applicant must operate will not threaten the health, safety,
				  and welfare of a recipient of services.
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
Alaska Administrative Code › Title 7 - Health and Social Services › Part 1 - Administration › Chapter 10 - Licensing, Certification, and Approvals › Article 3 - Barrier Crimes and Conditions; Background Checks › 7 AAC 10.950 - Request for reconsideration of a variance request decision or revocation

Current through May 31, 2024
(a) If a variance request is denied or made
				  subject to terms or conditions under 7 AAC 10.935(j) and (k) or if the
				  oversight division revokes a variance under 7 AAC 10.945(b), the provider or
				  applicant may submit a request for reconsideration under this section if the
				  provider or applicant
(1) believes that the
				  department's determination was made in error;
(2) believes there was an error in the
				  information that the department relied on; or
(3) has new or additional factual information
				  that could change the department's determination.