Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
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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[Repealed or reserved.]
AS 47.33.020 Health-related services allowed in assisted living homes.
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(a) This chapter does not prohibit the resident of an assisted living home from self-administering the resident's own medications, unless the resident's assisted living plan specifically provides otherwise. (b) An assisted living home may provide, obtain, or offer to provide or o…
AS 47.33.030 Advance payments.
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(a) An assisted living home may not require a resident or prospective resident of the home or a resident or prospective resident's representative, to make an advance payment to the home except as security for performance of the contract or as advance rent for the immediately foll…
AS 47.33.040 Residents' money.
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(a) Except for advance payments under AS 47.33.030, an assisted living home may not require a resident of the home to deposit with the home money that belongs to the resident. The provisions of (b) of this section do not apply to money that constitutes an advance payment under AS…
AS 47.33.050 Temporary absence.
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(a) An assisted living home may agree to reserve space for a resident of the home who is temporarily absent from the home and plans to return to the home. The absent resident, or the resident's representative, shall notify the home in writing if the resident's plan to return to t…
AS 47.33.060 House rules.
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(a) An assisted living home may establish house rules. The house rules must be consistent with 42 C.F.R. 441.301(c)(4) and subject to the limitations provided for under this chapter. (b) An assisted living home shall give a copy of the house rules to a prospective resident or the…
AS 47.33.070 Resident files.
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(a) An assisted living home shall maintain, for each resident of the home, a file that includes (1) the name and birth date, and, if provided by the resident, the social security number of the resident; (2) the name, address, and telephone number of the resident's closest relativ…
AS 47.33.080 Closure or relocation; change of mailing address.
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(a) Not later than 90 days before the voluntary closing or relocation of an assisted living home, the home shall provide written notice of the closure or relocation to the licensing agency, each resident of the home, all representatives of residents, and all service coordinators …
AS 47.33.090 Rate increase.
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An assisted living home may not increase the rate charged for services provided by the home unless the home notifies each resident or the resident's representative of the increase at least 30 days before the increase is to take effect.
AS 47.33.100 Criminal background check for employees. [Repealed, § 49 ch 57 SLA 2005.]
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Article 2. Residency; Assisted Living Plans.
AS 47.33.200 Commencement of residency.
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A person may not begin to reside in an assisted living home without that person's consent, or, if the person is not competent, the consent of the person's representative.
AS 47.33.210 Residential services contracts.
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(a) A person may not begin residency in an assisted living home unless a representative of the home and either the person or the person's representative sign a residential services contract that complies with the provisions of this section. Upon the signing of the contract, the h…
AS 47.33.220 Assisted living plan required.
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An assisted living home shall ensure that an assisted living plan for a resident of the home is developed, and approved by the resident or the resident's representative, within 30 days after the resident was admitted to the home. The assisted living plan must be developed by the …
AS 47.33.230 Assisted living plan contents; distribution.
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(a) An assisted living plan for a resident of an assisted living home must (1) promote the resident's participation in the community and increased independence through training and support, in order to provide the resident with an environment suited to the resident's needs and be…
AS 47.33.240 Evaluation of assisted living plan.
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Article 3. Resident's Rights. (a) An assisted living home resident or the resident's representative, and the home administrator or the administrator's designee, shall evaluate the resident's assisted living plan, determine whether the plan is meeting the resident's reasonable wan…
AS 47.33.300 Residents' rights.
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(a) Subject to (c) of this section, a resident of an assisted living home has the right to (1) live in a safe and sanitary environment free from abuse and discrimination; (2) be treated with consideration and respect for personal dignity, individuality, and the need for privacy, …
AS 47.33.310 Notice of rights.
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(a) At the time a person begins residency in an assisted living home, the home shall provide the resident and the resident's representative, if any, with a copy of the rights set out in AS 47.33.300. The home shall obtain from the resident or the resident's representative a signe…
AS 47.33.320 Access to assisted living home.
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An assisted living home shall allow advocates and the representatives of community legal services programs access to the home at reasonable times to, subject to the resident's consent, (1) visit with a resident of the home and make personal, social, and legal services available t…
AS 47.33.330 Prohibitions.
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(a) An assisted living home, including staff of the home, may not (1) deprive a resident of the home of the rights, benefits, or privileges guaranteed to the resident by law; (2) enter a resident's room without first obtaining permission, except (A) during regular, previously ann…
AS 47.33.340 Resident grievance procedure.
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(a) An assisted living home shall establish a written grievance procedure for handling complaints of residents of the home. At the time a person begins residency in an assisted living home, the home shall give a copy of the grievance procedure to the resident and the resident's r…
AS 47.33.350 Retaliation against home resident.
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(a) An assisted living home may not take retaliatory action against a resident of that home if the resident or the resident's representative (1) exercises a right provided by this chapter or by other law; (2) appears as a witness, or refuses to appear as a witness, in an adjudica…
AS 47.33.360 Involuntary termination of contract.
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Article 4. Forms. (a) An assisted living home may not terminate a residential services contract with a resident of the home against the resident's will, except (1) for medical reasons; (2) for engaging in a documented pattern of conduct that is harmful to the resident, other resi…
AS 47.33.400 Secs. 47.33.400 , 47.33.410. License required; Licensing agency. [Repealed, § 49 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 47.33.420 Standard forms.
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The Department of Health shall develop standard forms that assisted living homes may use to comply with the requirements of this chapter.
AS 47.33.430 Authority of state agencies to impose additional requirements. [Repealed, § 49 ch 57 SLA 2005.]
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[Repealed or reserved.]
AS 47.33.500 Secs. 47.33.500 — 47.33.570. Complaint; Immunity; Investigation; Notice of violation; Report of compliance; Administrative sanctions; Administrative procedures; Criminal penalty. [Repealed, § 49 ch 57 SLA 2005.]
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Article 5. General Provisions.