Alaska Administrative Code
Title 7 - Health and Social Services
Part 1 - Administration
Chapter 10 - Licensing, Certification, and Approvals
Article 3 - Barrier Crimes and Conditions; Background Checks
7 AAC 10.990 - Definitions
Universal Citation: 7 AK Admin Code 10.990
Current through February 24, 2025
(a) In 7 AAC 10.900 - 7 AAC 10.990, unless the context requires otherwise,
(1) "applicant"
(A) means an individual who requests a
background check or a variance as required under
7
AAC 10.900 or under
7
AAC 10.930 and
7
AAC 10.935 for association with a provider, or for
whom a provider requests a background check or a variance;
(B) includes an individual not currently
associated with a provider as set out in
7
AAC 10.900;
(2) "apprentice" means an individual who is
not an individual service provider, and who is in training or is completing a
course of study or an internship through a structured and supervised
educational program to provide care or services for one or more recipients of
services;
(3) "APSIN" means the
Alaska Public Safety Information Network;
(4) "association" means an association
described in
7
AAC 10.900(b) between an individual
and a provider;
(5) "background
check" means the screening and review that the department conducts under
7
AAC 10.915 for a barrier crime or condition;
(6) "barrier condition" means a barrier to
association under
7
AAC 10.900(b) that results from civil
finding described in
7
AAC 10.905(a) and (f);
(7) "barrier crime" means a criminal offense
described in
7
AAC 10.905(a) - (e);
(8) "barrier time" means the length of time a
barrier crime or condition under
7
AAC 10.905 bars an applicant from association with a
provider under
7
AAC 10.900(b);
(9) "behavioral health problem" means a
mental disorder, substance use disorder, or co-occurring disorder;
(10) "certification" has the meaning given
"certified" in (b) of this section;
(11) "civil finding" means
(A) a decision, order, judgment, or
adjudication, including an administrative order, that a provider or applicant
committed
(i) abuse, neglect, or exploitation
under AS 47.10, AS 47.24, AS 47.62, or a substantially similar provision in
another jurisdiction; or
(ii)
medical assistance fraud under
AS
47.05.210 or a substantially similar
provision in another jurisdiction; or
(B) an order, including an administrative
order, under a state statute or a substantially similar provision in another
jurisdiction that a license or certification of the provider or applicant to
provide services related to the health, safety, and welfare of persons was
denied, suspended, revoked, or conditioned;
(12) "commissioner" means the commissioner of
health and social services;
(13)
"co-occurring disorder" has the meaning given in
7
AAC 57.990;
(14) "crime" means a barrier crime;
(15) "crime involving domestic violence" has
the meaning given in
AS
18.66.990;
(16) "criminal justice information" has the
meaning given in
AS
12.62.900;
(17) "department" means the Department of
Health and Social Services;
(18)
"direct supervision" means that the administrator, or a care provider who is at
least 18 years of age,
(A) is within sight or
sound of the individual being supervised;
(B) has received the training required under
applicable department regulations;
(C) is present to observe the individual;
and
(D) is available to the
individual for consultation or assistance;
(19) "domestic violence problem" means the
individual
(A) has been charged with,
convicted of, found not guilty by reason of insanity for, or adjudicated as a
delinquent for a crime involving domestic violence listed in
AS
18.66.990(3); or
(B) is or has been subject to a protective
order issued or filed under AS 18.66 or a substantially similar law or
ordinance of another jurisdiction;
(20) "eligibility to receive payments" means
eligibility to receive payments that are used for the direct provision of
services for the health, safety, and welfare of persons who are served by
programs administered by the department; in this paragraph, "payments" does not
include payments used solely for administrative costs;
(21) "individual service provider" has the
meaning given in
AS
47.05.390;
(22) "oversight division" means any division
or office in the department that is responsible for licensing, approving, or
certifying a provider or who is responsible for determining whether a person is
eligible to receive payments from the department;
(23) "provider" means an individual, an
entity defined under
AS
47.05.390, or an individual service provider
as identified in
AS
47.05.300;
(24) "relative" means an individual who is
related to another by marriage, blood relationship, or court decree;
(25) "substance use disorder" has the meaning
given in 7 AAC 57.990;
(26) "supervised access" means that the
provider maintains a prudent level of awareness of the whereabouts of an
individual for whom supervised access is required, to ensure the protection of
recipients of services;
(27)
"terminate association" means to sever an applicant's association under
7
AAC 10.900(b) with a
provider;
(28) "volunteer" means an
individual who regularly or routinely provides services or care, without pay,
on behalf of a provider.
(b) Notwithstanding 7 AAC 10.9990, in 7 AAC 10.900 - 7 AAC 10.990, unless the context requires otherwise,
(1) "entity" has the meaning given in
AS
47.05.390;
(2) "recipient of services" means an
individual receiving services from a provider.
(c) In AS 47.05.300-47.05.390 and 7 AAC 10.900 - 7 AAC 10.990, unless the context requires otherwise, "regular contact" means direct interaction with a recipient of services that occurs daily, or less frequently but on a recurring basis.
(d) In AS 47.05.300(a),
(1) "certified" means certified under
(A)
7
AAC 125.060 (Medicaid Coverage; Personal Care Services
and Home Health Care Services; Personal Care Provider Certification and
Enrollment); or
(B)
7
AAC 130.220 (Medicaid Coverage; Home and
Community-Based Waiver Services; Provider Certification)
(2) "eligible to receive payments" has the
meaning given "eligibility to receive payments" under (a) of this
section.
Authority:AS 47.05.300
AS 47.05.310
AS 47.05.320
AS 47.05.330
AS 47.05.340
AS 47.32.010
AS 47.32.030
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