Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
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 [Repealed, § 45 ch 57 SLA 2005.]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…
AS 18.23.005 Patient access to records.
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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.
AS 18.23.010 Limitation on liability for persons providing information to review organization.
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(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 …
AS 18.23.020 Limitation on liability for members of review organizations.
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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…
AS 18.23.030 Confidentiality of records of review organization.
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(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…
AS 18.23.040 Penalty for violation.
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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.
AS 18.23.050 Protection of patient.
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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.
AS 18.23.060 Parties bound by review.
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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.
AS 18.23.065 [Renumbered as AS 18.23.005.]
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[Repealed or reserved.]
AS 18.23.070 Definitions for AS 18.23.005 — 18.23.070.
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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…
AS 18.23.100 Use of electronic medical records.
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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…
AS 18.23.300 Creation of health information exchange system.
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(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…
AS 18.23.305 Department; duties.
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In carrying out its duties under AS 18.23.300, the department shall (1) in accordance with federal recommendations, determine the manner in which the system is developed and operated; (2) provide oversight and technical assistance needed for planning and implementing the system; …
AS 18.23.310 Confidentiality and security of information.
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(a) The department shall establish appropriate security standards to protect the transmission and receipt of individually identifiable information contained in the system established under AS 18.23.300. The standards must (1) include controls over access to and collection, organi…
AS 18.23.315 Health information exchange system report to the legislature.
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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 a specific set of recommendations for long-term participation and financial support by the st…
AS 18.23.320 Contract conditions.
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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 …
AS 18.23.325 Definitions.
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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…
AS 18.23.400 Disclosure and reporting of health care services, price, and fee information.
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(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…