Alaska Administrative Code
Title 7 - Health and Social Services
Part 1 - Administration
Chapter 12 - Facilities and Local Units
Article 7 - Hospice Agencies
7 AAC 12.310 - Applicability and purpose of 7 AAC 12.310 - 7 AAC 12.349

Universal Citation: 7 AK Admin Code 12.310

Current through August 30, 2024

(a) Except as provided in (b) of this section, and unless the department waives applicability under (e) of this section, the provisions of 7 AAC 12.310 - 7 AAC 12.349 apply to a public or private entity conducting, maintaining, or operating a hospice program that provides hospice care

(1) where a client lives or stays;

(2) for the treatment of physical, emotional, and mental symptoms of terminal illness; and

(3) that is based on hospice philosophy.

(b) A volunteer hospice agency is subject to the provisions of

(1) this section;

(2)7 AAC 12.312(Licensure);

(3)7 AAC 12.314(Inspections);

(4)7 AAC 12.317 (Scope of Service: Volunteer Hospice Agency);

(5)7 AAC 12.318 (Admission Criteria);

(6)7 AAC 12.320 (Advance Health Care Directives; Client Rights), except 7 AAC 12.320(b) (2)(I) and (L);

(7)7 AAC 12.321 (Abuse, Neglect, and Mistreatment);

(8)7 AAC 12.325 (Governing Body);

(9)7 AAC 12.329(b) and (c) (Administration), dealing with program director requirements;

(10)7 AAC 12.336 (Volunteer Services);

(11)7 AAC 12.338(a), (b), (c), and (k) (Hiring, Orientation, and Training);

(12)7 AAC 12.339 (Clinical and Administrative Records);

(13)7 AAC 12.340 (Employee Health);

(14)7 AAC 12.341 (Infection Control);

(15)7 AAC 12.344(Contracts), except 7 AAC 12.344(4); and

(16)7 AAC 12.349(Definitions).

(c) In addition to the applicable provisions of 7 AAC 12.310 - 7 AAC 12.349, a hospice agency is subject to the applicable requirements described in 7 AAC 12.600(a) and (i).

(d) Nothing in 7 AAC 12.310 - 7 AAC 12.349 relieves a hospice agency from compliance with 42 C.F.R. Part 418 for certification of a hospice agency to participate in the Medicare program. Licensure under this chapter does not qualify a hospice agency for participation in the Medicare program.

(e) The department will waive the applicability of this chapter for a hospice agency that provides proof that it is participating in the rural demonstration project under P.L. 108-173, title IV, sec. 409 (Medicare Prescription Drug, Improvement, and Modernization Act of 2003), and that it is in compliance with all applicable federal requirements for that project. A waiver issued under this subsection is void if the hospice agency ceases to participate in the project or ceases to be in compliance with applicable federal requirements.

Authority:AS 47.32.010

AS 47.32.020

AS 47.32.030

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