Title 47 — Welfare, Social Services, and Institutions
34 chapters · 745 sections in this title.
AS 47.05.010 Duties of Department of Health.
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The Department of Health shall (1) administer adult public assistance, the Alaska temporary assistance program, and all other assistance programs, and receive and spend money made available to it; (2) adopt regulations necessary for the conduct of its business and for carrying ou…
AS 47.05.012 Material incorporated by reference.
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Under AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a document or other material by reference, the department may incorporate future amended versions of the document or other material if the document or other material is one of the following: (1) a do…
AS 47.05.015 Contracts.
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(a) The department may contract with a person or local government for the delivery of services to be provided by the department under AS 47.05.010 if the commissioner determines the service will be provided at less cost to the state or will be provided in a more effective manner.…
AS 47.05.017 Home care providers.
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(a) State money may not be used for a home care provider unless criminal history record information as permitted by P.L. 105-277 and AS 12.62 is requested for the provider within 10 business days after the provider is hired to provide the care and is reviewed within five business…
AS 47.05.020 Regulations concerning records; disclosure of information.
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(a) The power of the department to adopt regulations includes the power to adopt and enforce reasonable regulations governing the custody, use, and preservation of the records, papers, files, and communications of the department. The regulations must provide that financial inform…
AS 47.05.030 Misuse of public assistance lists and records.
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(a) Except as provided in (b) and (c) of this section and for purposes directly connected with the administration of general assistance, adult public assistance, the child care assistance program authorized under AS 47.25.001 — 47.25.095, or the Alaska temporary assistance progra…
AS 47.05.032 Disclosures to legislators.
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A legislator to whom confidential information is disclosed under AS 47.05.020 — 47.05.030 is not subject to a penalty for further disclosure of the information unless, at the time the information was provided to the legislator, the legislator was given written notification that t…
AS 47.05.040 Consent to conditions of federal programs.
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In order to take advantage of the training grants provisions of 42 U.S.C. 301 — 1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate full…
AS 47.05.050 Cooperation with federal government.
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It is the public policy of the state to cooperate and coordinate with the United States government and its agencies in providing for and administering federal and state laws for adult public assistance and the other assistance that is provided for or extended to the people of the…
AS 47.05.055 Certified nurse aides.
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(a) If the department has reason to believe that a certified nurse aide employed in a facility licensed by the department under AS 47.32 as a hospital or nursing home has committed abuse, neglect, or misappropriation of property in connection with the person's duties as a certifi…
AS 47.05.070 Third party liability subrogation.
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(a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented w…
AS 47.05.071 Duty of a medical assistance recipient.
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(a) A medical assistance recipient shall cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program. (b) As a condition of…
AS 47.05.072 Duty of attorney for medical assistance recipient.
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(a) An attorney representing a medical assistance recipient shall notify the attorney general's office. (b) The notice to the attorney general's office required under (a) of this section includes submission of the following: (1) identification of the medical assistance recipient'…
AS 47.05.073 Judgment, award, or settlement of a medical assistance lien.
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(a) A medical assistance recipient may not maintain any rights to payment for medical costs as a result of a judgment, award, or settlement of an action or claim for which another person may be legally obligated to pay without first making repayment to the department for costs of…
AS 47.05.074 Conflict with federal requirements.
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If any provision of this chapter related to subrogation, assignment, or lien conflicts with federal law concerning the Medicaid program or receipt of federal money to finance the medical assistance program, the provision does not apply to the extent of the conflict.
AS 47.05.075 Medical assistance lien.
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(a) The department has a lien upon any sum that may be due to the recipient of medical assistance from a third-party payor. The lien is in the amount of the medical assistance paid for medical services under this title, together with reasonable attorney fees and litigation costs …
AS 47.05.080 Recovery of overpayments.
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(a) Except for overpayments recovered under AS 47.07 that cover the value of services paid from federal sources, benefit overpayments collected by the department in administering public assistance programs under AS 47.05.010 shall be remitted to the Department of Revenue under AS…
AS 47.05.085 Subpoena power.
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(a) The commissioner or the commissioner's designee at the director level may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with an investigation under or the administration o…
AS 47.05.090 Authorization of the Interstate Compact on Adoption and Medical Assistance.
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(a) The Department of Health and the Department of Family and Community services may cooperate and, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adoptio…
AS 47.05.100 Monthly reports concerning children. [Repealed, E.O. No. 121 § 123 (2022).]
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[Repealed or reserved.]
AS 47.05.105 Enhanced computerized eligibility verification system.
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(a) The department shall establish an enhanced computerized income, asset, and identity eligibility verification system for the purposes of verifying eligibility, eliminating duplication of public assistance payments, and deterring waste and fraud in public assistance programs ad…
AS 47.05.110 Alaska Tribal Child Welfare Compact.
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The state may participate in a tribal child welfare compact with Alaska tribes and tribal organizations for the administration of child welfare services by the tribes or tribal organizations. The compact is a written agreement between the state and Alaska tribes and tribal organi…
AS 47.05.115 Access to identifiable health information.
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Notwithstanding a contrary provision of law, the Department of Health and the Department of Family and Community Services shall share identifiable health information, regardless of the confidential nature of the information, between and within the departments as necessary to enab…
AS 47.05.190 Definitions.
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Article 2. Oversight of Medical Care Programs. In AS 47.05.010 - 47.05.190, (1) “commissioner” means the commissioner of the Department of Health; (2) “department” means the Department of Health.
AS 47.05.200 Annual audits.
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(a) The department shall annually contract for independent audits of a statewide sample of all medical assistance providers in order to identify overpayments and violations of criminal statutes. The audits conducted under this section may not be conducted by the department or emp…
AS 47.05.210 Medical assistance fraud.
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(a) A person commits the crime of medical assistance fraud if the person (1) knowingly submits or authorizes the submission of a claim to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, se…
AS 47.05.220 Notice of charges.
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Upon the filing of a complaint, information, presentment, or indictment charging a medical assistance provider with a crime under AS 47.05.210, the attorney general shall, in writing, notify the commissioner of the filing. Upon receiving notice from the attorney general under thi…
AS 47.05.230 Determination of value; aggregation of amounts.
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In AS 47.05.210, whenever it is necessary to determine the value of property, that value shall be determined in accordance with AS 11.46.980. In determining the degree or classification of a crime described under AS 47.05.210, amounts involved in criminal acts committed under one…
AS 47.05.235 Duty to identify and repay self-identified overpayments.
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(a) Unless a provider is being audited under AS 47.05.200(a), an enrolled medical assistance provider shall conduct a biennial review or audit of a statistically valid sample of claims submitted to the department for reimbursement. If overpayments are identified, the medical assi…
AS 47.05.240 Exclusion from medical assistance programs.
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(a) The commissioner may exclude an applicant to or disenroll a medical assistance provider in the medical assistance program in AS 47.07 or AS 47.08, or both, for a period of up to 10 years after unconditional discharge on a conviction (1) for medical assistance fraud under AS 4…
AS 47.05.250 Civil penalties.
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(a) The department may assess a civil penalty against a provider who violates this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07. (b) The department shall adopt regulations establishing a range of civil penalties that the department may assess against a…
AS 47.05.270 Medical assistance reform program.
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(a) The department shall adopt regulations to design and implement a program for reforming the state medical assistance program under AS 47.07. The reform program must include (1) referrals to community and social support services, including career and education training services…
AS 47.05.290 Definitions.
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Article 3. Criminal and Civil History. In AS 47.05.200 — 47.05.290, (1) “benefit” has the meaning given in AS 11.81.900; (2) “claim” includes a request for payment for medical assistance services under applicable state or federal law or regulations, whether the request is in an e…
AS 47.05.300 Applicability.
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(a) The provisions of AS 47.05.310 — 47.05.390 apply to any individual or entity that is required by statute or regulation to be licensed or certified or that is eligible to receive payments, in whole or in part, from the Department of Health or the Department of Family and Commu…
AS 47.05.310 Criminal history; criminal history check; compliance.
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(a) If an individual has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the standards for licensure or certification established by the department with licensing or certification a…
AS 47.05.320 Criminal history use standards.
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The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual service provider of the criminal history of an individual obtained under AS 47.05.310…
AS 47.05.325 Civil history; civil history check; compliance.
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(a) The Department of Health and the Department of Family and Community Services shall establish by regulation civil history standards for denial of issuance or renewal of a license or certification for an individual or for an entity within that department's licensing or certific…
AS 47.05.330 Identification of civil history databases for a civil history check; confidentiality.
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(a) The Department of Health and the Department of Family and Community Services shall by regulation identify each database that department will review when conducting a civil history check under AS 47.05.325 to identify each individual (1) whom a court or the applicable departme…
AS 47.05.340 Regulations.
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The Department of Health and the Department of Family and Community Services shall adopt regulations to implement AS 47.05.300 — 47.05.390 for the entities and individuals for which that department has licensing or certification authority.
AS 47.05.350 Use of information; immunity.
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An entity that obtains information about an employee under a criminal history check under AS 47.05.310 or a civil history check under AS 47.05.325 may use that information only as provided for in regulations adopted by the department with licensing or certification authority for …
AS 47.05.360 Variance request; final decision.
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(a) An individual or entity subject to the provisions of AS 47.05.310 or 47.05.325 may request a variance from the provisions of AS 47.05.310 or 47.05.325 under procedures established by the department with licensing or certification authority for that individual or entity by reg…
AS 47.05.390 Definitions.
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In AS 47.05.300 — 47.05.390, unless the context otherwise requires, (1) “criminal justice information” has the meaning given in AS 12.62.900; (2) “entity” means an entity listed in AS 47.32.010(b) or (c) or an individual service provider as described in AS 47.05.300 and includes …
AS 47.06.010 Duties of Department of Family and Community Services.
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The Department of Family and Community Services shall (1) administer applicable public assistance programs and receive and spend money made available to it; (2) adopt regulations necessary for the conduct of its business and for carrying out federal and state laws; (3) establish …
AS 47.06.020 Purpose and policy related to children.
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The purpose of this title as it relates to children is to secure for each child the care and guidance, preferably in the child's own home, that will serve the moral, emotional, mental, and physical welfare of the child and the best interests of the community; to preserve and stre…
AS 47.06.030 Legislative findings related to children.
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The legislature finds that (1) parents have the following rights and responsibilities relating to the care and control of their child while the child is a minor: (A) the responsibility to provide the child with food, clothing, shelter, education, and medical care; (B) the right a…
AS 47.06.040 Material incorporated by reference.
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Under AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a document or other material by reference, the department may incorporate future amended versions of the document or other material if the document or other material is (1) the federal poverty guidel…
AS 47.06.050 Consent to conditions of federal programs.
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In order to take advantage of the training grants provisions of 42 U.S.C. 301 — 1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate full…
AS 47.06.060 Authorization of the Interstate Compact on Adoption and Medical Assistance.
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(a) The Department of Family and Community Services and the Department of Health, in cooperation, may, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adop…
AS 47.06.070 Monthly reports concerning children.
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By the 15th day of each month, the Department of Family and Community Services shall provide a report summarizing child protection activities carried out during the previous calendar month and the status of children committed to the department's custody, including information on …
AS 47.06.080 Contracts.
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(a) The department may contract with a person or local government for the delivery of services to be provided by the department under AS 47.06.010 if the commissioner of family and community services determines the service will be provided at less cost to the state or will be pro…