Alaska Administrative Code

An assisted living home shall make a reasonable effort to determine whether a resident has made a declaration of preferences or instructions regarding mental health treatment under AS 47.30.950 by consulting with the resident, the resident's primary physician, the resident's case…

(a) Before an assisted living home accepts the money of a resident for safekeeping and management, the home shall obtain written authorization from the resident or the resident's representative or representative payee. The authorization must (1) be attested to by a competent witn…

(a) At least once each year, the department will monitor an assisted living home or will require the home to submit a self-monitoring report to the department on a form supplied by the department. The annual report must contain the information requested by the department, to show…

(a) A home's written policy for the refund of advance payments, established in compliance with AS 47.33.030(b), must conform to the following rules:(1) if a resident terminates a residential services contract by giving notice at least one rental period before the termination is t…

(a) An assisted living home shall provide, on a form supplied by the department, written notice to the department, to each affected resident or that resident's representative, and to any service coordinator, as follows: (1) within 24 hours or on the next business day if (A) that …

(a) Subject to (b) of this section, an assisted living home may request a general variance under 7 AAC 10.9500 - 7 AAC 10.9535 if the home cannot meet an applicable requirement of AS 47.32, 7 AAC 10.1000 - 7 AAC 10.1095, or this chapter. (b) Variance requests regarding barrier cr…

Notes 7 AAC 75.410 Eff. 7/1/95, Register 134; am 9/28/2001, Register 159; am 4/6/2002, Register 162; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our m…

An assisted living home may apply for a temporary variance to admit a specific child by name for care if the home and a referring agency, in addition to meeting all other applicable requirements of 7 AAC 10.1000 - 7 AAC 10.1095, develop a plan of safety that (1) ensures the healt…

Notes 7 AAC 75.420 Eff. 7/1/95, Register 134; am 4/6/2002, Register 162; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the p…

Notes 7 AAC 75.430 Eff. 7/1/95, Register 134; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

Notes 7 AAC 75.440 Eff. 7/1/95, Register 134; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

Notes 7 AAC 75.450 Eff. 7/1/95, Register 134; am 4/6/2002, Register 162; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the p…

Notes 7 AAC 75.460 Eff. 7/1/95, Register 134; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

Notes 7 AAC 75.470 Eff. 7/1/95, Register 134; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

Notes 7 AAC 75.480 Eff. 7/1/95, Register 134; am 4/6/2002, Register 162; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the p…

Notes 7 AAC 75.490 Eff. 7/1/95, Register 134; am 6/24/2004, Register 170; repealed 6/23/2006, Register 178 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. Mor…

(a) At any time after an assisted living home has received a notice of violation under AS 47.33.530, the home or the department may request a conference to discuss the violation and the home's options for correcting the violation. A conference, conducted in person or by telephone…

(a) Upon correction of a violation described in a notice of violation, an assisted living home shall, within 10 days after correcting the violation, submit to the department a written report of compliance. The department may provide a copy of the report or require the home to pro…

(a) Subject to (c) of this section, if the department determines that a violation cited by the department in a notice of violation issued under AS 47.33.530 constitutes an emergency because of imminent danger to the health or safety of residents, the department will (1) issue the…

If an assisted living home is temporarily unable to correct a violation constituting an emergency, the home shall (1) notify the department of the inability to correct the violation, submit a plan of correction indicating the time required to complete the correction, and submit a…

If an assisted living home fails to correct a violation constituting an emergency within the date and time specified in the notice of violation, the department will (1) impose one or more of the administrative sanctions provided for in AS 47.33.550 and 7 AAC 75.570; and (2) provi…

If the criminal conviction of an assisted living home administrator forms the basis of a possible administrative sanction against the home under AS 47.33.550 and 7 AAC 75.570, the department will take into consideration whether the conviction poses a risk to residents or has an a…

(a) The department will consider the following factors in determining an administrative sanction under AS 47.33.550: (1) the nature and extent of the violation, and the extent to which the health or safety of residents is adversely affected, specifically considering whether the a…

In AS 47.33 and this chapter, unless the context requires otherwise, (1) "activities of daily living" has the meaning given in AS 47.33.990; (2) "administrator" has the meaning given in AS 47.33.990; (3) "business day" means a day other than Saturday, Sunday, or a state holiday; …

(a) Except as provided in 7 AAC 78.020 and (b) of this section, this chapter applies to grants made by the department. (b) This chapter does not apply to the child care grant program under 7 AAC 39 or to grant services provided to individuals under 7 AAC 81. Notes 7 AAC 78.010 Ef…

If a state or federal statute or regulation addresses a particular grant program and is inconsistent with a provision of this chapter, the state or federal statute or regulation supersedes the provision of this chapter. Notes 7 AAC 78.020 Eff. 4/11/81, Register 78; am 7/21/2002, …

(a) A state agency, a political subdivision of the state, or a nonprofit organization, including a consortium that is a nonprofit organization, may apply for a grant under this chapter. (b) An organization that is a nonprofit subsidiary of a nonprofit corporation may apply for a …

(a) The department will issue a solicitation for grant services under this chapter through a request for proposals under 7 AAC 78.050 or an alternate method of solicitation under 7 AAC 78.095. (b) Repealed 10/16/2012. Notes 7 AAC 78.040 Eff. 4/11/81, Register 78; am 7/21/2002, Re…

(a) The department will give public notice of the availability of a request for proposals for a grant in a manner that is reasonably calculated to reach potential applicants. The public notice will specify (1) the grant period; (2) contact information to obtain a copy of the requ…

To be considered for a grant, an applicant responding to a request for proposals issued under 7 AAC 78.050 must (1) submit the grant proposal in the format specified by the department in the request for proposals; (2) include in the proposal all information required by the reques…

Notes 7 AAC 78.070 Eff. 4/11/81, Register 78; repealed 7/21/2002, Register 163 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

Notes 7 AAC 78.080 Eff. 4/11/81, Register 78; repealed 7/21/2002, Register 163 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

(a) Unless the department cancels a solicitation issued under this chapter, no later than 60 days after the grant proposal submission deadline, the department will review each proposal received in response to a request for proposals issued under 7 AAC 78.050 and prepare a record …

(a) If the department decides, under 7 AAC 78.090(b) (5)(B), to appoint a proposal evaluation committee, it will(1) appoint at least three committee members to review each responsive grant proposal and make recommendations in accordance with (c) and (d) of this section; and (2) e…

(a) The commissioner will make the final decision on the award of a grant. In making a final grant award decision, the commissioner will consider (1) recommendations from the department; (2) recommendations from any proposal evaluation committee appointed under 7 AAC 78.092; (3) …

(a) The commissioner will waive the requirements of 7 AAC 78.050 if, based on grant program goals and desired outcomes and on supporting facts submitted by the department, the commissioner finds that (1) the only potential applicants for a particular grant are political subdivisi…

Unless the department approves an exception from a criterion that is not relevant to the grant project or grantee, the department will, in addition to criteria established by other applicable state and federal law, use the following criteria in the review of a grant proposal unde…

(a) No later than 15 days after the commissioner makes a final grant award decision under 7 AAC 78.093, the department will send to the applicant a notice of (1) intent to award the grant; or (2) intent not to award the grant. (b) No later than 15 days after receipt of a grant ag…

(a) The grantee shall post in conspicuous places, accessible to employees and applicants for employment, at the location of the grantee's grant project, notices setting out the provisions of AS 18.80.220. (b) The grantee shall state, in solicitations or advertisements for employe…

(a) A grantee shall comply with the requirements of the following federal statutes: (1) 42 U.S.C. 2000 d (Civil Rights Act of 1964); (2) 41 U.S.C. 701 - 707 (Drug Free Workplace Act of 1988); (3) 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 1990). (b) A grantee sha…

(a) Except for capital grant awards, the department will not commit money for a grant for a period that exceeds the state fiscal year for which the grant is awarded unless otherwise appropriated or allowable by law. (b) Each year of the grant, the department will require a grante…

A grantee shall maintain the financial records and accounts of the grantee's grant project, using accounting principles generally accepted in the United States, in a manner that permits those records and accounts to be audited as prescribed in 7 AAC 78.230. Notes 7 AAC 78.150 Eff…

(a) This section applies to a grantee's use of grant money. (b) A grantee may use grant money to pay a cost incurred by the grantee only (1) in accordance with the limitations established in this section; and (2) if the cost is reflected in the budget, or budget amendment involvi…

(a) A grantee shall establish written policies relating to employee salaries and overtime, employee leave, employee relocation costs, use of consultants and consultant fees, training, criminal background checks, if necessary for the protection of vulnerable or dependent recipient…

(a) Subject to the requirements of 7 AAC 78.270 and 7 AAC 78.275, a grantee may enter into a subcontract for the performance of an activity required by the grant project only if the grantee (1) remains administratively and financially responsible for the activity and is responsib…

(a) Subject to 7 AAC 78.200 and as specified by the department in the request for proposals, request for letters of interest, or other method of solicitation, and in the grant agreement, the department will make a first advance no later than 15 days after the grant agreement is f…

(a) To receive grant money under this chapter, a grantee must (1) submit financial and progress reports in accordance with the requirements of the grant agreement; and (2) if requested by the department, (A) furnish the department with confidential information about the recipient…

(a) Grant income earned by a grantee (1) through a community mental health project funded under AS 47.30.520-47.30.620 must be used to augment or enhance the grantee's mental health services; or (2) through a grant project other than a project identified in (1) of this subsection…

(a) If a federal or state statute or regulation requires confidentiality in a grant program, the department will establish procedures for preserving that confidentiality before the commissioner awards the grant. The department will include the procedures as part of the terms of t…

(a) At least once every two years, a grantee that is not subject to audit under 2 AAC 45.010 shall ensure that a fiscal audit of the grantee's operations under the grant program is performed by an independent certified public accountant. The department may accept a state or feder…