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Alaska Statutes, Title 47

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Alaska/Statutes

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Title 47, Welfare, Social Services, and Institutions

34 chapters · 650 sections in this title.

All chapters in Title 47650 Ch 30, Mental Health.102 Ch 25, Public Assistance.59 Ch 10, Children in Need of Aid.51 Ch 12, Delinquent Minors.43 Ch 05, Administration of Welfare, Social Se…41 Ch 07, Medical Assistance for Needy Persons.28 Ch 37, Uniform Alcoholism and Intoxication …27 Ch 14, Juvenile Programs and Institutions.25 Ch 33, Assisted Living Homes.24 Ch 32, Centralized Licensing and Related Ad…23 Ch 45, Older Alaskans and Long-term Care Fa…23 Ch 27, Alaska Temporary Assistance Program.22 Ch 17, Child Protection.17 Ch 08, Assistance for Catastrophic Illness …15

650 sections·Filtered byTitle 47✕

AS 47.30.855 Posting of rights.
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The rights set out in AS 47.30.817 — 47.30.855 shall be prominently posted in all treatment facilities in places accessible to all patients. A patient who does not understand English shall have the patient rights explained in a language the patient understands.
AS 47.30.860 Documents and notices in other languages.
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When practicable, all documents and notices required by AS 47.30.660 — 47.30.915 to be served on a respondent, or on the respondent's parents, guardian or adult designee, shall be explained in a language the person understands if the respondent is not competent in English.
AS 47.30.865 Discrimination prohibited.
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(a) The fact that a person is or has been evaluated or treated for mental illness may not be a basis for discrimination in (1) seeking employment; (2) resuming or continuing professional practice or previous occupation; (3) obtaining or retaining housing; (4) obtaining or retaini…
AS 47.30.870 Transportation.
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When a person is to be involuntarily committed to a facility, the department shall arrange, and is authorized to pay for, the person's necessary transportation to the designated facility accompanied by appropriate persons and, if necessary, by a peace officer. The department shal…

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AS 47.30.875 Residence; nonresident patients; interstate agreements.

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(a) The admission papers of a person who is admitted to a treatment facility under AS 47.30.660 — 47.30.915 must include a statement as to the person's residence. The department may return a patient who is not a resident of the state to the state of the person's residence with co…

AS 47.30.880 Interstate Compact on Mental Health ratified.

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This state ratifies and adopts by reference “The Interstate Compact on Mental Health” consisting of 14 articles approved on September 30, 1955, by the Northeast State Governments Conference on Mental Health. The department is designated as compact administrator with full power to…

AS 47.30.885 Rights outside state.

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Nothing in AS 47.30.660 — 47.30.915 alters or impairs the application or availability to a patient, while hospitalized in another state under contractual arrangements entered in accordance with AS 47.30.660 — 47.30.915, of the rights, remedies, or safeguards provided by the laws …

AS 47.30.890 Provision for personal needs upon discharge.

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The department shall ensure that (1) a patient is not discharged from a treatment facility without suitable clothing; and (2) a discharged indigent patient is furnished (A) suitable transportation to the patient's permanent residence in this state or to another suitable place at …

AS 47.30.895 Disposition of unclaimed property; recovery of personal property.

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(a) Those unclaimed articles of personal property that are covered by AS 34.45.110 — 34.45.260 and the unclaimed money in the custody of a treatment facility that belong to a patient who dies before discharge, or to a patient who leaves the hospital without authority, if unclaime…

AS 47.30.900 Diligent inquiry; personal property delivery and claims.

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The department shall make diligent inquiry in every instance after departure without authority or death of a patient, to ascertain the whereabouts of the patient or that of the patient's legal heirs or representatives, and shall turn over to the proper person the money or article…

AS 47.30.905 Fees and expenses for judicial proceedings.

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(a) The witnesses, expert witnesses, and the jury in commitment proceedings under AS 47.30.660 — 47.30.915 are entitled to the fees, compensation, and mileage established by the administrative rules of court for other jurors and witnesses. Compensation, mileage, fees, transportat…

AS 47.30.907 Report to Department of Public Safety.

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(a) Notwithstanding AS 47.30.845, when a superior court orders the involuntary commitment of a person under AS 47.30.735 — 47.30.755 or when relief from a disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence is granted un…

AS 47.30.910 Payment of patient expenses.

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(a) A patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age shall pay the charges for the care, transportation, and treatment of the patient when the patient is hospitalized under AS 47.30.670 — 47.30.915 at a state-operated facility, an e…

AS 47.30.912 Regulations.

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The department shall adopt regulations to implement AS 47.30.700 — 47.30.915.

AS 47.30.915 Definitions.

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In AS 47.30.660 — 47.30.915, (1) “adjudication of mental illness or mental incompetence” means a court order finding that a person is (A) not guilty by reason of insanity or guilty but mentally ill under AS 12.47.040; (B) incompetent to stand trial for a criminal offense under AS…

AS 47.31.005 Applicability.

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This chapter applies only to those patients who have received evaluation or treatment at an evaluation facility or a designated treatment facility that is not a state-operated hospital.

AS 47.31.010 Eligibility for assistance.

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(a) The department shall provide financial assistance under this chapter to a patient who (1) does not have the available means to pay or substantially contribute to the payment of charges assessed by a facility; (2) has no other third party to pay for the evaluation or treatment…

AS 47.31.015 Application for assistance.

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(a) To receive assistance under this chapter, a patient or a patient's legal representative must apply in writing on a form provided by the department. A patient must apply for assistance within 180 days after the date of discharge from the facility. (b) A patient is considered t…

AS 47.31.020 Decision on eligibility.

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(a) Within 30 days after receiving a complete application, the department shall give notice in writing of an eligibility determination to the patient or the patient's legal representative. If the patient is found ineligible, the notice must contain the reason for the denial and a…

AS 47.31.025 Eligible services; rates.

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The department shall identify the type and level of services for which assistance is available under this chapter. An evaluation facility or a designated treatment facility shall be reimbursed at a rate established by the department that is equivalent to the Medicaid rate for tha…

AS 47.31.030 Payment.

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If the department determines that a patient is eligible for assistance under this chapter, the department shall provide for payment of assistance directly to the facility. By endorsing the check received from the department or authorizing the endorsement by the facility's agent, …

AS 47.31.032 Access to records and information by the department.

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The department is authorized to review, obtain, and copy confidential and other records and information about the patients who were eligible for or were provided financial assistance under this chapter to evaluate compliance with this chapter. The department may obtain the record…

AS 47.31.035 Appeals.

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(a) A patient or the patient's legal representative may appeal a denial of assistance by sending written notice of objection to the department within 30 days after the date of the notice of denial. The written notice of objection must include an explanation of the reasons for the…

AS 47.31.090 Regulations.

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The department shall, after consultation with the Alaska Mental Health Trust Authority, adopt regulations to interpret or implement this chapter.

AS 47.31.100 Definitions.

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In this chapter, unless the context otherwise requires, (1) “commissioner” means the commissioner of family and community services; (2) “department” means the Department of Family and Community Services (3) “designated treatment facility” has the meaning given in AS 47.30.915; (4…

AS 47.32.010 Purpose and applicability.

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(a) The purpose of this chapter is to establish centralized licensing and related administrative procedures for the delivery of services in this state by the entities listed in (b) and (c) of this section. These procedures are intended to promote safe and appropriate services by …

AS 47.32.020 Requirement to obtain a license; exemption.

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(a) An entity may not operate a facility described in AS 47.32.010(b) or (c) without first obtaining a license under this chapter unless the entity is exempt under regulations adopted under AS 47.32.030 or is exempt under (c) of this section. (b) If an entity encompasses more tha…

AS 47.32.030 Powers of the Department of Health and the Department of Family and Community Services; delegation to municipality.

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(a) For each entity over which it has licensing authority under AS 47.32.010, the applicable department may (1) administer and enforce the provisions of this chapter; (2) coordinate and develop policies, programs, and planning related to licensure and operation of entities listed…

AS 47.32.032 Foster care license; variance.

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(a) The department shall streamline the application and licensing paperwork necessary for a person to be approved as a foster parent or relative placement to the extent consistent with federal law. (b) The department shall approve a variance of the applicable building code requir…

AS 47.32.033 Host care home license.

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(a) The Department of Health may issue a license to a person under this section and regulations adopted under this section to operate a host care home to provide 24-hour oversight and care on a continuing basis for up to two individuals if each individual is (1) 18 years of age o…

AS 47.32.040 Application for license.

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A person shall apply to the applicable department for a license under this chapter. The application must be made to the applicable department on a form provided by that department or in a format approved by that department, and must be accompanied by (1) any fee established by re…

AS 47.32.050 Provisional license; biennial license.

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(a) After an entity submits an application under AS 47.32.040, the department with licensing authority over that entity may issue a provisional license. Before issuing a provisional license, the department must conduct an inspection and investigation to determine that the applica…

AS 47.32.060 License renewal.

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(a) At least 90 days before expiration of a biennial license, a licensed entity that intends to remain licensed shall submit an application for renewal of the license on a form provided by the applicable department or in a format approved by the applicable department, accompanied…

AS 47.32.070 Notice of denial or conditions; appeal.

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(a) If the applicable department denies an application for or places conditions on a provisional or biennial license or license renewal, that department shall provide the applicant or entity with a notice of the action by certified mail. The notice must contain a written statemen…

AS 47.32.080 Posting; license not transferable.

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(a) A license issued under this chapter shall be posted in a conspicuous place on the licensed premises. Any notice of a variance issued by the authorizing department shall be posted near the license. (b) A license issued under this chapter is not transferable unless authorized b…

AS 47.32.090 Complaints; investigation; retaliation.

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(a) A person who believes that an entity has violated an applicable statute or regulation or a condition of a license issued under this chapter may file a verbal or written complaint with the department that has licensing authority for that type of entity under AS 47.32.010. (b) …

AS 47.32.100 Cooperation with investigation.

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An entity shall cooperate with an investigation initiated by the department with licensing authority for that entity under AS 47.32.010. An investigated entity shall (1) permit representatives of the investigating department to inspect the entity; review records, including files …

AS 47.32.110 Right of access and inspection.

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(a) A designated agent or employee of a department with licensing authority under AS 47.32.010 shall have right of access to an entity within that department's licensing authority (1) to determine whether an application for licensure or renewal is appropriate; (2) to conduct a co…

AS 47.32.120 Report.

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(a) Within 10 working days after completing an investigation or inspection under AS 47.32.090 — 47.32.110, the department that conducted the investigation or inspection shall prepare a report of the results of the investigation or inspection and mail a copy of the report to the e…

AS 47.32.130 Enforcement action: immediate revocation or suspension.

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(a) If the applicable department's report of investigation or inspection under AS 47.32.120 concludes that the department with licensing authority for the entity under AS 47.32.010 has reasonable cause to believe that a violation of an applicable statute or regulation has occurre…

AS 47.32.140 Violations, compliance, and enforcement.

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(a) If the report of investigation or inspection under AS 47.32.120 concludes that the department with licensing authority has reasonable cause to believe that a violation of an applicable statute or regulation has occurred, that department shall provide notice to the entity of t…

AS 47.32.150 Hearings.

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(a) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.32.130(a) or 47.32.140(d)(3), (5), (6), (7), or (9), the applicable department shall request the chief administrative law judge appointed under AS 44.64.020 to appoint an a…

AS 47.32.160 Immunity.

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(a) The Department of Health and the Department of Family and Community Services and the employees and agents of both departments are not liable for civil damages as a result of an act or omission in the licensure process, the monitoring of a licensed entity, or any activities un…

AS 47.32.170 Criminal penalty.

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A person who intentionally or with criminal negligence violates a provision of this chapter or a regulation adopted under this chapter related to the health and safety of persons served by an entity required to comply with this chapter is guilty of a class B misdemeanor.

AS 47.32.180 Confidentiality; release of certain information.

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(a) Except as otherwise provided by law, the following are confidential and may not be disclosed to the public without a court order: complaints; investigations; inspections; records related to a complaint, investigation, or inspection; and the identity of a complainant and of in…

AS 47.32.190 Access to information.

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Notwithstanding any contrary provision of law, the divisions of each department assigned to implement this chapter shall have access to any information compiled or retained by other divisions of that department, regardless of the nature of the information or whether the informati…

AS 47.32.200 Notices required of entities.

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(a) An entity shall provide the department with licensing authority for that entity with written notice of a change of mailing address at least 14 days before the effective date of the change. (b) An entity shall notify the department with licensing authority for that entity with…

AS 47.32.900 Definitions.

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In this chapter, (1) “ambulatory surgical center” means a facility that (A) is not a part of a hospital or a physician's general medical practice; and (B) operates primarily for the purpose of providing surgical services to patients who do not require hospitalization; (2) “assist…

AS 47.33.005 Purpose.

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The purpose of this chapter is to (1) contribute to the development of a system of care by encouraging the establishment of assisted living homes that provide a homelike environment for elderly persons and persons with a mental or physical disability who need assistance with the …

AS 47.33.010 Applicability.

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(a) Except as provided in (b) of this section, this chapter applies to assisted living homes, as defined in AS 47.32.900. (b) Notwithstanding (a) of this section, this chapter does not apply to (1) a correctional facility; (2) a facility for treatment of alcoholism that is regula…