Title 47, Welfare, Social Services, and Institutions

(a) The power of the department to adopt regulations includes the power to adopt and enforce reasonable regulations governing the custody, use, and preservation of the records, papers, files, and communications of the department. The regulations must provide that financial inform…

(a) Except as provided in (b) and (c) of this section and for purposes directly connected with the administration of general assistance, adult public assistance, the child care assistance program authorized under AS 47.25.001 — 47.25.095, or the Alaska temporary assistance progra…

A legislator to whom confidential information is disclosed under AS 47.05.020 — 47.05.030 is not subject to a penalty for further disclosure of the information unless, at the time the information was provided to the legislator, the legislator was given written notification that t…

In order to take advantage of the training grants provisions of 42 U.S.C. 301 — 1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate full…

It is the public policy of the state to cooperate and coordinate with the United States government and its agencies in providing for and administering federal and state laws for adult public assistance and the other assistance that is provided for or extended to the people of the…

(a) If the department has reason to believe that a certified nurse aide employed in a facility licensed by the department under AS 47.32 as a hospital or nursing home has committed abuse, neglect, or misappropriation of property in connection with the person's duties as a certifi…

(a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented w…

(a) A medical assistance recipient shall cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program. (b) As a condition of…

(a) An attorney representing a medical assistance recipient shall notify the attorney general's office. (b) The notice to the attorney general's office required under (a) of this section includes submission of the following: (1) identification of the medical assistance recipient'…

(a) A medical assistance recipient may not maintain any rights to payment for medical costs as a result of a judgment, award, or settlement of an action or claim for which another person may be legally obligated to pay without first making repayment to the department for costs of…

If any provision of this chapter related to subrogation, assignment, or lien conflicts with federal law concerning the Medicaid program or receipt of federal money to finance the medical assistance program, the provision does not apply to the extent of the conflict.

(a) The department has a lien upon any sum that may be due to the recipient of medical assistance from a third-party payor. The lien is in the amount of the medical assistance paid for medical services under this title, together with reasonable attorney fees and litigation costs …

(a) Except for overpayments recovered under AS 47.07 that cover the value of services paid from federal sources, benefit overpayments collected by the department in administering public assistance programs under AS 47.05.010 shall be remitted to the Department of Revenue under AS…

(a) The commissioner or the commissioner's designee at the director level may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with an investigation under or the administration o…

(a) The Department of Health and the Department of Family and Community services may cooperate and, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adoptio…

(a) The department shall establish an enhanced computerized income, asset, and identity eligibility verification system for the purposes of verifying eligibility, eliminating duplication of public assistance payments, and deterring waste and fraud in public assistance programs ad…

The state may participate in a tribal child welfare compact with Alaska tribes and tribal organizations for the administration of child welfare services by the tribes or tribal organizations. The compact is a written agreement between the state and Alaska tribes and tribal organi…

Notwithstanding a contrary provision of law, the Department of Health and the Department of Family and Community Services shall share identifiable health information, regardless of the confidential nature of the information, between and within the departments as necessary to enab…

In AS 47.05.010 - 47.05.190, (1) “commissioner” means the commissioner of the Department of Health; (2) “department” means the Department of Health.

(a) The department shall annually contract for independent audits of a statewide sample of all medical assistance providers in order to identify overpayments and violations of criminal statutes. The audits conducted under this section may not be conducted by the department or emp…

(a) A person commits the crime of medical assistance fraud if the person (1) knowingly submits or authorizes the submission of a claim to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, se…

Upon the filing of a complaint, information, presentment, or indictment charging a medical assistance provider with a crime under AS 47.05.210, the attorney general shall, in writing, notify the commissioner of the filing. Upon receiving notice from the attorney general under thi…

In AS 47.05.210, whenever it is necessary to determine the value of property, that value shall be determined in accordance with AS 11.46.980. In determining the degree or classification of a crime described under AS 47.05.210, amounts involved in criminal acts committed under one…

(a) Unless a provider is being audited under AS 47.05.200(a), an enrolled medical assistance provider shall conduct a biennial review or audit of a statistically valid sample of claims submitted to the department for reimbursement. If overpayments are identified, the medical assi…

(a) The commissioner may exclude an applicant to or disenroll a medical assistance provider in the medical assistance program in AS 47.07 or AS 47.08, or both, for a period of up to 10 years after unconditional discharge on a conviction (1) for medical assistance fraud under AS 4…

(a) The department may assess a civil penalty against a provider who violates this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07. (b) The department shall adopt regulations establishing a range of civil penalties that the department may assess against a…

(a) The department shall adopt regulations to design and implement a program for reforming the state medical assistance program under AS 47.07. The reform program must include (1) referrals to community and social support services, including career and education training services…

In AS 47.05.200 — 47.05.290, (1) “benefit” has the meaning given in AS 11.81.900; (2) “claim” includes a request for payment for medical assistance services under applicable state or federal law or regulations, whether the request is in an electronic format or paper format or bot…

(a) The provisions of AS 47.05.310 — 47.05.390 apply to any individual or entity that is required by statute or regulation to be licensed or certified or that is eligible to receive payments, in whole or in part, from the Department of Health or the Department of Family and Commu…

(a) If an individual has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the standards for licensure or certification established by the department with licensing or certification a…

The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual service provider of the criminal history of an individual obtained under AS 47.05.310…

(a) The Department of Health and the Department of Family and Community Services shall establish by regulation civil history standards for denial of issuance or renewal of a license or certification for an individual or for an entity within that department's licensing or certific…

(a) The Department of Health and the Department of Family and Community Services shall by regulation identify each database that department will review when conducting a civil history check under AS 47.05.325 to identify each individual (1) whom a court or the applicable departme…

The Department of Health and the Department of Family and Community Services shall adopt regulations to implement AS 47.05.300 — 47.05.390 for the entities and individuals for which that department has licensing or certification authority.

An entity that obtains information about an employee under a criminal history check under AS 47.05.310 or a civil history check under AS 47.05.325 may use that information only as provided for in regulations adopted by the department with licensing or certification authority for …

(a) An individual or entity subject to the provisions of AS 47.05.310 or 47.05.325 may request a variance from the provisions of AS 47.05.310 or 47.05.325 under procedures established by the department with licensing or certification authority for that individual or entity by reg…

In AS 47.05.300 — 47.05.390, unless the context otherwise requires, (1) “criminal justice information” has the meaning given in AS 12.62.900; (2) “entity” means an entity listed in AS 47.32.010(b) or (c) or an individual service provider as described in AS 47.05.300 and includes …