AS 47.33.300. RESIDENTS’ RIGHTS.

(a) Subject to (c) of this section, a resident of an assisted living home has the right to
(1) live in a safe and sanitary environment;
(2) be treated with consideration and respect for personal dignity, individuality, and the need for privacy, including privacy in
(A) a medical examination or health-related consultation;
(B) the resident’s room or portion of a room;
(C) bathing and toileting, except for any assistance in those activities that is specified in the resident’s assisted living plan; and
(D) the maintenance of personal possessions and the right to keep at least one cabinet or drawer locked;
(3) possess and use personal clothing and other personal property, unless the home can demonstrate that the possession or use of certain personal property would be unsafe or an infringement of the rights of other residents;
(4) engage in private communications, including
(A) receiving and sending unopened correspondence;
(B) having access to a telephone, or having a private telephone at the resident’s own expense; and
(C) visiting with persons of the resident’s choice, subject to visiting hours established by the home;
(5) close the door of the resident’s room at any time, including during visits in the room with guests or other residents;
(6) at the resident’s own expense unless otherwise provided in the residential services contract, participate in and benefit from community services and activities to achieve the highest possible level of independence, autonomy, and interaction with the community;
(7) manage the resident’s own money;
(8) participate in the development of the resident’s assisted living plan;
(9) share a room with a spouse if both are residents of the home;
(10) have a reasonable opportunity to exercise and to go outdoors at regular and frequent intervals, when weather permits;
(11) exercise civil and religious liberties;
(12) have access to adequate and appropriate health care and health care providers other resident’s own choosing, consistent with established and recognized standards within the community;
(13) self-administer the resident’s own medications, unless specifically provided otherwise in the resident’s assisted living plan;
(14) receive meals that are consistent with religious or health-related restrictions;
15) receive the prior notice of relocation of the home or the home’s intent to terminate the residential services contract of the resident required by AS 47.33.080 and 47.33.360, respectively;
(16) present to the home grievances and recommendations for change in the policies, procedures, or services of the home;
(17) at the resident’s own expense unless otherwise provided in the residential services contract, have access to and participate in advocacy or special interest groups;
(18) at the resident’s own expense unless otherwise provided in the residential services contract, intervene or participate in, or refrain from participating in, adjudicatory proceedings held under this chapter, unless provided otherwise by other law; and
(19) reasonable access to home files relating to the resident, subject to the constitutional right of privacy of other residents of the home.
(b) An assisted living home may not establish or apply a policy, procedure, or rule that is inconsistent with or contrary to a right provided by this section or by other law.
(c) The rights set out in (a)(3), (4), (7), (12), and (14) of this section do not create an obligation for an assisted living home to expend money for the specified rights unless otherwise provided in the residential services contract. (§ 1 ch. 130 SLA 1994)

AS 47.33.310. NOTICE OF RIGHTS.

(a) At the time a person begins residency in an assisted living home, the home shall provide the resident and the resident’s representative, if any, with a copy of the rights set out in AS 47.33.300. The home shall obtain from the resident or the resident’s representative a signed and dated acknowledgement stating that the resident has read or been read the rights, understands the rights, and has had any questions about the rights answered by the home.
(b) An assisted living home shall post in a prominent place in the home
(1) a copy of the rights set out in AS 47.33.300;
(2) the name, address, and phone number of the long term care ombudsman hired under
AS 44.21.231 and, if relevant to residents, of the advocacy agency for persons with a developmental disability or mental illness;
(3) the telephone number of an information or referral service for vulnerable adults; and
(4) a copy of the grievance procedure established under AS 47.33.340.
(§ 1 ch. 130 SLA 1994)

AS 47.33.320. ACCESS TO ASSISTED LIVING HOME.

An assisted living home shall allow advocates and the representatives of community legal services programs access to the home at
reasonable times to, subject to the resident’s consent,
(1) visit with a resident of the home and make personal, social, and legal services available to the resident;
(2) distribute educational and informational materials to advise a resident or resident’s
representative of applicable rights; and
(3) assist a resident or a resident’s representative in asserting legal rights or claims.(§ 1 ch. 130 SLA 1994)

AS 47.33.330. PROHIBITIONS.

(a) An assisted living home, including staff of the home, may not
(1) deprive a resident of the home of the rights, benefits, or privileges guaranteed to the
resident by law;
(2) enter a resident’s room without first obtaining permission, except
(A) during regular, previously announced, fire, sanitation, or other licensing inspections;
(B) when a condition or situation presents an imminent danger;
(C) as required by the resident’s assisted living plan to provide services specified in the residential services contract; or
(D) for other vital health or safety reasons;
(3) impose religious beliefs or practices upon a resident or require a resident to attend religious services;
(4) place a resident under physical restraint unless the resident’s own actions present an imminent danger to the resident or others;
(5) place a resident under chemical restraint; this paragraph does not prevent a resident from voluntarily taking tranquilizers, or other medication, prescribed by a licensed physician;
(6) compel a resident to perform services for the home, except as contracted for by the resident and the home or as provided for in the resident’s assisted living plan; or
(7) restrain, interfere with, coerce, discriminate against, or retaliate against a resident for asserting a right specified by this chapter or by other law.
(b) An assisted living home may not physically restrain a resident unless the home has a written physical restraint procedure that has been approved by the licensing agency. The home shall terminate the physical restraint as soon as the resident no longer presents an imminent danger.
(c) An owner, administrator, employee, or agent of an assisted living home may not act as a representative of a resident. (§ 1 ch. 130 SLA 1994)

AS 47.33.340. RESIDENT GRIEVANCE PROCEDURE.

(a) An assisted living home shall establish a written grievance procedure for handling complaints of residents of the home. At the
time a person begins residency in an assisted living home, the home shall give a copy of the grievance procedure to the resident and the resident’s representative, if any.
(b) The grievance procedure established under this section must provide that a resident and the resident’s representative have the right to
(1) present both a written and an oral explanation of the resident’s grievance;
(2) have an advocate of the resident’s choice, and the resident’s representative, if any, attend meetings concerning the resident’s grievance; and
(3) be notified in writing, within 30 days after the filing of the grievance, of the final decision of the home regarding the grievance. (§ 1ch. 130 SLA 1994)

AS 47.33.350. RETALIATION AGAINST HOME RESIDENT.

(a) An assisted living home may not take retaliatory action against a resident of that home if the resident or the resident’s
representative
(1) exercises a right provided by this chapter or by other law;
(2) appears as a witness, or refuses to appear as a witness, in an adjudicatory proceeding regarding the home;
(3) files a civil action alleging a violation of this chapter; or
(4) claims a violation of this chapter before a state or federal agency having jurisdiction over the home or its employees.
(b) Termination of a resident’s residential services contract by an assisted living home within 60 days after the resident engages in an activity described in (a) of this section creates a rebuttable presumption that the termination was retaliatory.
(c) At the time, or before, a person begins residency in an assisted living home, the home shall give the resident and the resident’s representative, if any, written notice of the protection from retaliation provided under this section. (§ 1 ch. 130 SLA 1994)

AS 47.33.360. INVOLUNTARY TERMINATION OF CONTRACT.

(a) An assisted living home may not terminate a residential services contract with a resident of the home against the
resident’s will, except
(1) for medical reasons;
(2) for engaging in a documented pattern of conduct that is harmful to the resident, other residents, or staff of the home;
(3) for violation of the terms of the residential services contract, including failure to pay costs incurred under the contract;
(4) when emergency transfer out of the home is ordered by the resident’s physician;
(5) when the home is closing; or
(6) when the home can no longer provide or arrange for services in accordance with the resident’s needs and the resident’s assisted living plan.
(b) At least 30 days before terminating the residential services contract with a resident under
(a)(2), (3), (5), or (6) of this section, the assisted living home shall provide written notice of the proposed contract termination to the resident or the resident’s representative and to the resident’s service coordinator if any. The notice must state the
(1) basis for the termination; and
(2) resident’s right to contest the termination in the manner provided in the contract, which must include an offer by the home to participate in a case conference as described in (c) of this section.
(c) Before terminating the residential services contract with a resident under (a)(2), (3), (5), or
(6) of this section, the assisted living home shall participate in a case conference if requested by the resident or the resident’s representative. The case conference must include the resident, the resident’s representative, if any, the resident’s advocate, if any, the resident’s service coordinator, if any, the home administrator, and appropriate care providers who may discuss the appropriateness of the contract termination.
(d) If a home terminates the residential services contract with a resident under this section, the home shall cooperate with the resident, the resident’s service coordinator, if any, and the resident’s representative, if any, in making arrangements to relocate the resident.

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