Title 18, Health, Safety, Housing, Human Rights, and Public Defender

AS 18.20.140 — 18.20.220 may be cited as the Alaska Hospital and Medical Facilities Survey and Construction Act.

Article 3. Nursing Facilities.

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…

[Repealed or reserved.]

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…

(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…

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…

(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…

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…

(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…

(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 …

(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…

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…

(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 …

(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…

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.

(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 …

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 …

(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…

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.

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.…

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…

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.

(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 …

A hospital shall notify a patient's designated caregiver of the patient's discharge or transfer.

(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…

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 18.20.500 — 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.

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…

Notwithstanding the provisions of AS 18.23.005 — 18.23.070 or any other law, a patient is entitled to inspect and copy any records developed or maintained by a health care provider or other person pertaining to the health care rendered to the patient.

(a) A person providing information to a review organization is not subject to action for damages or other relief by reason of having furnished that information unless the information is false and the person providing the information knew or had reason to know the information was …

A person who is a member or employee of, or who acts in an advisory capacity to, or who furnishes counsel or services to a review organization is not liable for damages or other relief in an action brought by another whose activities have been or are being scrutinized or reviewed…

(a) Except as provided in (b), (c), and (e) of this section, all data and information acquired by a review organization in the exercise of its duties and functions shall be held in confidence and may not be disclosed to anyone except to the extent necessary to carry out the purpo…

Other than as authorized by AS 18.23.030, a disclosure of data and information acquired by a review committee or of what transpired at a review meeting is a misdemeanor and punishable by imprisonment for not more than one year or by a fine of not more than $500.

Nothing in AS 18.23.005 — 18.23.070 relieves a person of liability that the person has incurred or may incur to a person as a result of furnishing health care to the patient.

When a review organization reviews matters under AS 18.23.070(5)(A)(viii) a party is not bound by a ruling of the organization in a controversy, dispute, or question unless the party agrees in advance, either specifically or generally, to be bound by the ruling.

[Repealed or reserved.]

Article 2. Form of Medical Records. In AS 18.23.005 — 18.23.070, unless the context otherwise requires, (1) “administrative staff” means the staff of an agency, institution, or organization that provides health care; (2) “health care” means professional services rendered by a hea…

A health care provider may maintain and preserve its medical records in an electronic format that protects the physical security of the records and protects the records from access by unauthorized persons. A health care provider who maintains and preserves the records in an elect…

(a) The department shall establish and implement a statewide electronic health information exchange system and ensure the interoperability and compliance of the system with state and federal specifications and protocols for exchanging health records and data. (b) The system estab…

In carrying out its duties under AS 18.23.300, the department shall (1) in accordance with federal recommendations and in consultation with the designee, determine the manner in which the system is developed and operated; (2) facilitate applications for any funding available for …

(a) The department shall ensure the designee establishes appropriate privacy and security standards to protect the disclosure, transmission, and receipt of individually identifiable information contained in the system established under AS 18.23.300. The standards must (1) include…

The department shall provide to the legislature, on or before December 31 of each year, an annual report on the progress of the health information exchange system in the state, including rates of participation by providers in the system, the number of health records exchanged, id…

A contract entered into to carry out the purposes of AS 18.23.300 must require that the contractor meet applicable federal and state requirements for protecting health information privacy and security and nationally recognized standards for interoperability of health information …

Article 4. Health Care Services and Price Information. In AS 18.23.300 - 18.23.325, (1) "commissioner" means the commissioner of health; (2) "department" means the Department of Health; (3) "system" means the statewide electronic health information exchange system established und…

(a) A health care provider shall annually compile a list, including a brief description in plain language that an individual with no medical training can understand, of the 10 health care services most commonly performed by the health care provider in the state in the previous ca…