AS 47.33.400. LICENSE REQUIRED.
(a) A person may not maintain or operate an assisted living home that is subject to this chapter unless that home is licensed under this chapter.
(b) A person may not use the term “assisted living home” or “assisted living facility” in connection with services to be provided or obtained unless the home or facility is governed by this chapter, as described in AS 47.33.010 .
(c) To be licensed as an assisted living home, a facility must meet the licensure requirements of this chapter and of regulations adopted under this chapter.
(d) Nothing in this chapter prohibits an assisted living home that is licensed under this chapter and that serves five or fewer residents from using the term “adult foster home” or “assisted living foster home” in connection with that facility. (§ 1ch. 130 SLA 1994)
AS 47.33.410. LICENSING AGENCY.
(a) The Department of Health and Social Services is the licensing agency responsible for licensing assisted living homes that will be providing care primarily to persons with a mental or developmental disability.
(b) The Department of Administration is the licensing agency responsible for licensing assisted living homes that will be providing care primarily to persons who have a physical disability, who are elderly, or who suffer from dementia, but who are not diagnosed as chronically mentally ill.
(c) The Department of Administration and the Department of Health and Social Services shall confer and jointly determine, in accordance with regulations, the appropriate licensing agency for an assisted living home
(1) that, at the time of application for a license, appears to meet the criteria in both (a) and (b) of this section;
(2) for which, at the time of application for a license, the appropriate licensing agency is not clear under the criteria in (a) and (b) of this section;
(3) that, during the term of a license issued under this chapter, wishes to relinquish the license issued by one licensing agency and replace the license with one issued by the other licensing agency; or
(4) that, at the time of the assisted living home’s license renewal under this chapter, is described in (1), (2), or (3) of this subsection.
(d) A licensing agency shall
(1) establish, by regulation, requirements and standards for licensure and renewal of a license under this chapter;
(2) license assisted living homes in accordance with this chapter and regulations adopted under this chapter;
(3) investigate license applicants and licensees for compliance with this chapter; and
(4) enforce the standards established by this chapter and regulations adopted under this chapter.
(e) The Department of Administration and the Department of Health and Social Services shall jointly adopt regulations to implement the provisions of (c) of this section, including regulations providing procedures and standards for determining the appropriate licensing agency for an assisted living home and for relinquishing and replacing a license issued under this chapter.
(f) Under procedures and standards of operation established by the licensing agency by regulation, a licensing agency may contract with private or municipal agencies to investigate and make recommendations to the licensing agency for the licensing of assisted living homes. (§ 1ch. 130 SLA 1994)
AS 47.33.420. STANDARD FORMS.
The Department of Health and Social Services and the Department of Administration shall cooperatively develop standard forms that assisted living homes may use to comply with the requirements of this chapter. (§ 1 ch. 130 SLA 1994)
AS 47.33.430. AUTHORITY OF STATE AGENCIES TO IMPOSE ADDITIONALREQUIREMENTS.
The provisions of this chapter do not preclude a state agency from imposing additional requirements or standards on an assisted living home in order for the home to receive state or federal payment for services.