Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.20.010 Secs. 18.20.010 — 18.20.040. Purpose; license required; application and fees; issuance and renewal of license and posting. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.045 Insurance required. [Repealed, § 40 ch 177 SLA 1978.]
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[Repealed or reserved.]
AS 18.20.050 Secs. 18.20.050 — 18.20.070. Denial, suspension, or revocation of license; regulations and standards; compliance with regulations. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.075 Risk management.
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(a) To be eligible for a license, each hospital shall have in operation an internal risk management program that shall (1) investigate the frequency and causes of incidents in hospitals that cause injury to patients; (2) develop and implement measures to minimize the risk of inju…
AS 18.20.076 Reports of suspended or revoked staff privileges. [Repealed, § 21 ch 87 SLA 1987.]
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[Repealed or reserved.]
AS 18.20.080 Inspection and consultation for alterations.
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(a) The department shall make annual inspections and investigations of hospital facilities. The department may accept accreditation by the Joint Commission on the Accreditation of Hospitals in lieu of an annual inspection by the department for the year in which the accreditation …
AS 18.20.085 Hospital records retention.
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(a) Unless specified otherwise by the department a hospital shall retain and preserve records that relate directly to the care and treatment of a patient for a period of seven years following the discharge of the patient. However, the records of a patient under 19 years of age sh…
AS 18.20.090 Disclosure of information. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.095 Mental health patient's right to select staff; duties of hospital staff.
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(a) Except as provided in (d) of this section, a patient 18 years of age or older who is receiving mental health treatment and being provided intimate care at a hospital shall have a right to have care provided by a staff member who is the gender that the patient requests. (b) A …
AS 18.20.100 Annual report of department. [Repealed, § 35 ch 126 SLA 1994.]
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[Repealed or reserved.]
AS 18.20.110 Secs. 18.20.110 , 18.20.120. Misdemeanor to establish or conduct hospital without license; definitions. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.130 Definitions.
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Article 2. Alaska Hospital and Medical Facilities Survey and Construction Act. In AS 18.20.075 — 18.20.130, (1) “department” means the Department of Health; (2) “hospital” means an institution or establishment, public or private, devoted primarily to providing diagnosis, treatmen…
AS 18.20.140 Purpose.
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The purpose of AS 18.20.140 — 18.20.220 is to make an inventory of existing hospitals and medical facilities, community mental health centers, and facilities for persons with intellectual and developmental disabilities; to survey the need for construction of hospitals and medical…
AS 18.20.141 Department functions.
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The department shall be the sole agency for the administration of the plan as required by the federal act. The department shall develop and administer any programs necessary for compliance with the federal act.
AS 18.20.150 Duties of department.
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(a) For each of the following groups of facilities, hospitals and medical facilities (Group 1), community mental health centers (Group 2), and facilities for persons with intellectual and developmental disabilities (Group 3), the department shall (1) make a statewide inventory of…
AS 18.20.160 Priority of projects.
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The state plan must set out the relative need for the projects included in the construction program determined in accordance with the regulations adopted under the federal act, and provide for the construction, maintenance, and operation to the extent financial resources permit, …
AS 18.20.170 Application for construction projects.
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The state, a political subdivision of the state, or a public or other nonprofit agency requesting federal funds for a health facility construction project must apply to the department. The application must conform to federal and state requirements.
AS 18.20.180 Approval of applications.
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The commissioner of the department shall give every applicant an opportunity for a fair hearing. If, after giving reasonable opportunity for development and presentation of applications in the order of relative need, the commissioner of the department finds that a project applica…
AS 18.20.190 Inspection of projects.
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The commissioner of the department shall inspect each construction project approved by the surgeon general from time to time. If the commissioner finds that work has been performed upon the project or purchases have been made in accordance with the approved plans and specificatio…
AS 18.20.200 Acceptance of grants.
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The department may accept on behalf of the state and may deposit separate and apart from public money and funds, a grant from the federal government, or gift or contribution from any source made to assist in meeting the cost of carrying out the purposes of AS 18.20.140 — 18.20.22…
AS 18.20.210 Definitions.
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In AS 18.20.140 — 18.20.220, (1) “community mental health center” means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of mentally ill persons, which services are provided principa…
AS 18.20.220 Short title.
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AS 18.20.140 — 18.20.220 may be cited as the Alaska Hospital and Medical Facilities Survey and Construction Act.
AS 18.20.230 Secs. 18.20.230 — 18.20.260. Leaving general hospital without arranging for payment; posting of law required; receipt of services without intent to pay a misdemeanor; definition. [Repealed, § 45 ch 57 SLA 2005.]
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Article 3. Nursing Facilities.
AS 18.20.300 State policy.
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It is the policy of the state to ensure that the quality of care in nursing facilities in this state is maintained at a high standard in accordance with applicable state and federal law and regulations and to ensure the health, safety, and quality of life of nursing facility resi…
AS 18.20.302 Criminal background check for employees. [Repealed, § 45 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 18.20.305 Nursing facility regulations.
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The department shall adopt necessary regulations to implement AS 18.20.300 — 18.20.390 in accordance with AS 44.62 (Administrative Procedure Act). The department shall, by regulation, specify criteria as to when and how the sanctions specified in AS 18.20.310 will be applied. The…
AS 18.20.310 Sanctions for noncompliance.
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(a) If the department finds that a nursing facility, or a partner, officer, director, owner of five percent or more of the nursing facility's assets, or managing employee of the nursing facility substantially failed or refused to comply with AS 08.68.340 — 08.68.390, AS 08.70, AS…
AS 18.20.320 Denial of payment.
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The department shall deny payment under AS 47.07 or AS 47.25.120 — 47.25.300 to a nursing facility (1) that is not in compliance, and, for the preceding three months, has not been in compliance, with the requirements of 42 U.S.C. 1396r (Title XIX of the Social Security Act, as am…
AS 18.20.330 Appeal; hearing.
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(a) Notwithstanding AS 44.62.330 — 44.62.630, the department, by regulation, shall establish a hearing procedure by which a nursing facility may present evidence to refute a deficiency found by the department, and by which it may appeal, in a hearing conducted by the office of ad…
AS 18.20.340 Civil fines.
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In accordance with regulations adopted by the department under AS 44.62.010 — 44.62.300, the department may assess and collect, with interest, a civil fine of up to $10,000 a day for each day a nursing facility is or was out of compliance with any of the federal or state statutes…
AS 18.20.350 Nursing facility resident security fund.
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(a) There is established in the department, as a fund separate from other public money of the state, the nursing facility resident security fund. This fund consists of all civil fines collected under AS 18.20.310(a)(3) and 18.20.340 related to noncompliance with 42 U.S.C. 1396r(b…
AS 18.20.360 Temporary management.
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(a) If the department determines that the health or safety of the residents of a nursing facility is immediately jeopardized as the result of the nursing facility's failure or refusal to comply with a state statute or regulation, or failure or refusal to comply with the Medicaid …
AS 18.20.370 Receivership.
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(a) The department may petition the superior court for establishment of a receivership for a nursing facility if the department finds that one of the following conditions exists and the current operator has demonstrated an inability or unwillingness to take action necessary to im…
AS 18.20.390 Definitions.
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Article 4. Overtime Limitations for Nurses. In AS 18.20.300 — 18.20.390, unless the context requires otherwise, (1) “department” means the Department of Health; (2) “general relief-medical” means the medical assistance program authorized in AS 47.25.120 — 47.25.300; (3) “Medicaid…
AS 18.20.400 Limitations on nursing overtime.
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(a) Except as provided in (c) of this section, a nurse in a health care facility may not be required or coerced, directly or indirectly, (1) to work beyond a predetermined and regularly scheduled shift that is agreed to by the nurse and the health care facility; or (2) to accept …
AS 18.20.410 Temporary nurse staffing emergency.
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(a) If, after making a substantial and reasonable effort to increase the number of available nurses on staff and failing in that effort, a health care facility in a rural community determines it is not able to meet the overtime limitations in AS 18.20.400 without putting the safe…
AS 18.20.420 Health care facility complaint process for overtime work by nurses.
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A health care facility shall provide for an anonymous process by which a patient or a nurse may make a complaint about staffing levels and patient safety that relate to overtime work by nurses and to limitations on overtime work by nurses under AS 18.20.400.
AS 18.20.430 Enforcement, offenses, and penalties.
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(a) The commissioner shall administer AS 18.20.400 — 18.20.499 and adopt regulations for implementing and enforcing AS 18.20.400 — 18.20.499. (b) A complaint alleging a violation of AS 18.20.400 — 18.20.499 must be filed with the commissioner within 30 days after the date of the …
AS 18.20.440 Prohibition of retaliation.
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A health care facility may not discharge, discipline, threaten, discriminate against, penalize, or file a report with the Board of Nursing against a nurse for exercising rights under AS 18.20.400 — 18.20.499 or for the good faith reporting of an alleged violation of AS 18.20.400 …
AS 18.20.450 Report requirements.
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(a) A health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a semiannual report on a form provided by the department. The report for the six-month period ending June 30 must be filed before the following Au…
AS 18.20.460 Provisions not applicable to nurses employed in federal or tribal facilities.
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The provisions of AS 18.20.400 — 18.20.499 do not apply to a nurse employed in a health care facility that is operated by (1) the federal government; or (2) a tribal organization as defined in 25 U.S.C. 450b.
AS 18.20.470 Notice to employees.
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A health care facility shall post and maintain, in places readily accessible to individuals in the service of the health care facility, printed statements that describe employee rights and employer obligations under AS 18.20.400 — 18.20.499 and regulations adopted under AS 18.20.…
AS 18.20.499 Definitions.
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Article 5. Discharge of Hospital Patients. In AS 18.20.400 — 18.20.499, (1) “commissioner” means the commissioner of labor and workforce development; (2) “health care facility” means a private, municipal, or state hospital; independent diagnostic testing facility; primary care ou…
AS 18.20.500 Aftercare assessment and designation of caregiver.
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Before discharging a patient, a hospital shall assess the patient's ability for self-care after discharge and provide the patient with the opportunity to designate a caregiver who agrees to provide aftercare for the patient in a private residence after discharge.
AS 18.20.510 Planning, instruction, and training.
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(a) A hospital shall give the patient and the patient's designated caregiver the opportunity to participate in planning for the patient's discharge from the hospital. (b) Before discharge, a hospital shall provide a patient and the patient's designated caregiver with instruction …
AS 18.20.520 Notification of discharge.
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A hospital shall notify a patient's designated caregiver of the patient's discharge or transfer.
AS 18.20.530 Discharge policies.
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(a) A hospital shall adopt and maintain written discharge policies. The policies must comply with AS 18.20.500 — 18.20.590. (b) The discharge policies of a hospital must specify the requirements for documenting the identity of a patient's designated caregiver and the details of t…
AS 18.20.540 Construction of provisions.
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The provisions of AS 18.20.500 — 18.20.590 may not be construed to (1) create a right of action against a hospital, a hospital employee, or a contractor of the hospital, including a person who contracts with the hospital to provide instruction to a designated caregiver, based on …
AS 18.20.550 Coordination with other authority.
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AS 18.20.500 — 18.20.590 may not be interpreted to interfere with the powers or duties of (1) an agent operating under a valid advance health care directive under AS 13.52; or (2) a legal guardian of the patient.
AS 18.20.590 Definitions.
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In AS 18.20.500 — 18.20.590, (1) “aftercare” includes (A) assistance with the activities of daily living or activities that are instrumental to the activities of daily living; (B) wound care, medication administration, medical equipment operation, mobility assistance, and other m…