Alaska Administrative Code
Title 7 - Health and Social Services
Part 5 - Services for Behavioral Health Recipients, Seniors, and Persons with a Disability
Chapter 75 - Assisted Living Homes
Article 2 - Operation of Assisted Living Homes
7 AAC 75.340 - Notification requirements
Universal Citation: 7 AK Admin Code 75.340
Current through August 30, 2024
(a) An assisted living home shall provide, on a form supplied by the department, written notice to the department, to each affected resident or that resident's representative, and to any service coordinator, as follows:
(1) within 24 hours or on the next business
day if
(A) that an administrator, a care
provider, or an individual who resides in the home, other than a resident
receiving services,
(i) is subject to a
department determination under 7 AAC 10.915 (background check) that a barrier
crime or condition described in 7 AAC 10.905 exists with respect to the
individual 10.905]; for purposes of notice under this sub-subparagraph, a
resident is an affected resident if the resident was a victim of the barrier
crime or of the act determined to be a barrier condition, or if the barrier
crime or the act determined to be a barrier condition was committed on the
premises of the assisted living home;
(ii) the individual is out of compliance with
the association requirements described in 7 AAC 10.915(g) and 7 AAC 10.935(m);
(iii) a variance for the
individual has been denied under 7 AAC 10.930 and 7 AAC 10.935; for purposes of
notice under this subsubparagraph, a resident is an affected resident if the
resident was a victim of the barrier crime for which the variance was granted
or of the act determined to be a barrier condition for which the variance was
granted, or if the barrier crime for which the variance was granted or the act
determined to be a barrier condition for which the variance was granted was
committed on the premises of the assisted living home; or
(iv) a variance for the individual has been
revoked under 7 AAC 10.945; for purposes of notice under this sub-subparagraph,
a resident is an affected resident if the resident was a victim of a barrier
crime that resulted in revocation or of an act determined to be a barrier
condition that resulted in revocation, or if a barrier crime that resulted in
revocation or the act determined to be a barrier condition that resulted in
revocation was committed on the premises of the assisted living home;
(B) unable to correct a violation
constituting an emergency under
7 AAC 75.530 -
7 AAC 75.550;
(C) a resident dies of other than a natural
cause; or
(D) physical restraint is
used under 7 AAC 75.295; notification under
this subparagraph shall be provided only to the resident's representative;
notification under this subparagraph need not be made if the resident's
assisted living plan indicates that notification under (4) of this subsection
is sufficient as established under
7 AAC 75.295(d) (1); notice must be
given under this subparagraph or under (4) of this subsection even if
prenotification is required under
7 AAC 75.295(c) (3)(C);
(2) within 48 hours after a
resident
(A) experiences a medical emergency,
serious injury, or accident; notice under this subparagraph must include
information as to whether the resident required more than 24 hours of
hospitalization;
(B) is involved in
assaultive behavior that resulted in the need for medical treatment for the
resident or another individual, or that required police intervention;
or
(C) is absent from the home for
24 hours or longer without prior notice to the home;
(3) within 72 hours, and not less than 24
hours, before the termination, under
AS
47.33.360(a)(1) or (a)(4),
of a resident's residential services contract with the home;
(4) within five days if physical restraint is
used under 7 AAC 75.295 unless a shorter time
is provided in a resident's assisted living plan in accordance with
7 AAC 75.295(c); notice must be given
as required under (1)(D) of this subsection or under this paragraph even if
prenotification is required under
7 AAC 75.295(c) (3)(C); the notice must
include the information required by
7 AAC 75.295(d);
(5) at least 14 days before a change in the
home's mailing address;
(6) at
least 30 days before
(A) a rate
increase;
(B) termination, under
AS
47.33.360(a)(2), (a)(3), (a)(5), or
(a)(6), of a resident's residential services
contract with the home; notice must be given in the manner required by
AS
47.33.360(b); or
(C) amendment of a residential services
contract to require an advance payment under
AS
47.33.030; and
(7) at least 90 days before
(A) a closure of the home; or
(B) a relocation of the home.
(b) Repealed 6/24/2004.
(c) An assisted living home shall notify the department, in writing, before taking an action that requires
(1) a request for modification when
the administrator, individual, or entity named in the current application
changes;
(2) a request for
department approval of a modification to increase resident capacity;
or
(3) notification because the use
of the home will change from exclusive occupancy as an assisted living home to
shared use as a business or other enterprise; a notification under this
paragraph must include information to show compliance with
7 AAC 75.260(b).
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
AS 47.33.005
AS 47.33.010
AS 47.33.080
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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