AS 47.33.005. PURPOSE.
The purpose of this chapter is to:
(1) contribute to the development of a system of care by encouraging the establishment of assisted living homes that provide a homelike environment for elderly persons and persons with a mental or physical disability who need assistance with the activities of daily living;
(2) promote the establishment of homes that help
(A) the elderly to age in place; and
(B) adults with a physical or mental disability to become integrated into the community and to reach their highest level of functioning;
(3) establish standards that will protect residents of assisted living homes, while at the same time promoting an environment that will encourage resident growth and independence, without discouraging the establishment and continued operation of those homes;
(4) require that a resident of an assisted living home have an assisted living plan that identifies the services that will be used to meet the resident’s reasonable wants and needs; and
(5) provide a resident of an assisted living home, or the resident’s representative, with the opportunity to participate to the fullest extent possible in the design and implementation of the resident’s assisted living plan and in any decisions involving the resident’s care.
AS 47.33.010. APPLICABILITY.
(a) Except as provided in (b) of this section, this chapter applies to residential facilities operated in the state that serve three or more adults who are not related to the owner of the facility by blood or marriage by
(1) providing housing and food service to its residents; and
(2) providing or obtaining, or offering to provide or obtain for its residents
(A) assistance with the activities of daily living;
(B) personal assistance; or
(C) a combination of services under (A) and (B) of this paragraph.
(b) Notwithstanding (a) of this section, this chapter does not apply to
(1) a correctional facility;
(2) a facility for treatment of alcoholism that is regulated under AS 47.37;
(3) an emergency shelter;
(4) a medical facility, including a nursing home, licensed under AS 18.20;
(5) a program for runaway minors licensed under AS 47.10; or
(6) a maternity home licensed under AS 47.35.
Effect of amendments- The 1996 amendment, effective September 10, 1996, made a section
reference substitution in paragraph (b)(5).
AS 47.33.020. HEALTH-RELATED SERVICES ALLOWED IN ASSISTED LIVING
HOMES. (a) This chapter does not prohibit the resident of an assisted living home from self administering the resident’s own medications, unless the resident’s assisted living plan specifically provides otherwise.
(b) An assisted living home may provide, obtain, or offer to provide or obtain the health-related services described in (c) – (i) of this section. A service under (c) – (i) of this section may only be provided or obtained in addition to, and as a supplemental service to, the long-term provision by the home to the resident of assistance with the activities of daily living or personal assistance.
(c) If self-administration of medications is included in a resident’s assisted living plan, the assisted living home may supervise the resident’s self-administration of medications, notwithstanding a limitation imposed by AS 08 or by a regulation adopted under AS 08. The supervision may be performed by any home staff person and may include
(1) reminding a resident to take medication;
(2) opening a medication container or prepackaged medication for a resident;
(3) reading a medication label to a resident;
(4) observing a resident while the resident takes medication;
(5) checking a resident’s self-administered dosage against the label of the medication container;
(6) reassuring a resident that the resident is taking the dosage as prescribed; and
(7) directing or guiding, at the request of the resident, the hand of a resident who is administering the resident’s own medications.
(d) An assisted living home may provide intermittent nursing services to a resident who does not require 24-hour nursing services and supervision. Intermittent nursing services may be provided only by a nurse licensed under AS 08.68 or by a person to whom a nursing task has been delegated under (e) of this section.
(e) A person who is on the staff of an assisted living home and who is not a nurse licensed under AS 08.68 may perform a nursing task in that home if
(1) the authority to perform that nursing task is delegated to that person by a nurse licensed under AS 08.68; and
(2) that nursing task is specified in regulations adopted by the Board of Nursing as a task that may be delegated.
(f) A resident who needs skilled nursing care may, with the consent of the assisted living home, arrange for that care to be provided in the home by a nurse licensed under AS 08.68 if that arrangement does not interfere with the services provided to other residents.
(g) As part of a plan to avoid transfer of a resident from the home for medical reasons, the home may provide, through the services of a nurse who is licensed under AS 08.68, 24-hour skilled nursing care to the resident for not more than 45 consecutive days.
(h) If a resident has received 24-hour skilled nursing care for the 45-day limit set by (g) of this section, the resident or the resident’s representative may elect to have the resident remain in the home without continuation of 24-hour skilled nursing care if the home agrees to retain the resident after
(1) the home and either the resident or the resident’s representatives have consulted with the resident’s physician;
(2) the home and either the resident or the resident’s representative have discussed the consequences and risks involved in the election to remain in the home; and
(3) the portion of the resident’s assisted living plan that relates to health-related services has been revised to provide for the resident’s health-related needs without the use of 24-hour skilled nursing care, and the revised plan has been reviewed by a registered nurse licensed under AS 08.68 or by the resident’s attending physician.
(i) A terminally ill resident may remain in the home if (1) the home and either the resident or the resident’s representative agree that the resident may remain in the home; and (2) the resident is under the care of a physician who certifies that the needs of the resident are being met in the home. The time limitation of (g) of this section does not apply in the case of a terminally ill resident.
AS 47.33.030. ADVANCE PAYMENTS.
(a) An assisted living home may not require a resident or prospective resident of the home or a resident or prospective resident’s representative, to make an advance payment to the home except as security for performance of the contract or as advance rent for the immediately following rental period as the rental period is defined in the contract. If a home requires a resident or prospective resident to make an advance payment for security or as advance rent,
(1) the home shall promptly deposit the money in a designated trust account in a financial institution, separate from other money and property of the home;
(2) the home may not represent on a financial statement that the advance payment money is part of the assets of the home;
(3) the advance payment money may be used only for the account of the resident;
(4) the home shall notify the resident or the resident’s representative, in writing, of the name and address of the depository in which the advance payment money is being held; and
(5) the home shall provide to the resident or the resident’s representative the terms and conditions under which the advance payment money may be withheld by the home.
(b) An assisted living home shall establish a written policy for the refund of unused advance payments in the event of termination of a residential services contract or death of a resident. The policy must provide that a resident is entitled to a prorated refund of the unused portion of an advance payment, less reasonable charges for damages to the home resulting from other than normal use. (§ 1
ch. 130 SLA 1994)
AS 47.33.040. RESIDENTS’ MONEY.
(a) Except for advance payments under
AS 47.33.030, an assisted living home may not require a resident of the home to deposit with the home money that belongs to the resident. The provisions of (b) of this section do not apply to money that constitutes an advance payment under AS 47.33.030.
(b) An assisted living home may accept, for safekeeping and management, money that belongs to a resident. The home shall establish a written policy for the management of such money and shall act in a fiduciary capacity with respect to that money, in accordance with regulations adopted by the licensing agency. A home is not required to accept money that belongs to a resident. (§ 1 ch. 130 SLA
1994)
AS 47.33.050. TEMPORARY ABSENCE.
(a) An assisted living home may agree to reserve space for a resident of the home who is temporarily absent from the home and plans to return to the home. The absent resident, or the resident’s representative, shall notify the home in writing if the resident’s plan to return to the home changes.
(b) Until the assisted living home receives written notice that an absent resident does not intend to return to the home, the home may charge the resident an agreed-upon daily rate during the resident’s absence from the home. (§ 1 ch. 130 SLA 1994)
AS 47.33.060. HOUSE RULES. (a) An assisted living home may establish house rules, subject to the limitations provided for under this chapter.
(b) An assisted living home shall give a copy of the house rules to a prospective resident or the prospective resident’s representative before the prospective resident enters into a residential services contract with the home, and shall post the house rules in a conspicuous place in the home.
(c) House rules may address various issues, including
(1) times and frequency of use of the telephone;
(2) hours for viewing and volume for listening to television, radio, and other electronic equipment that could disturb other residents;
(3) visitors;
(4) movement of residents in and out of the home;
(5) use of personal property;
(6) use of tobacco and alcohol; and
(7) physical, verbal, or other abuse of other residents or staff.
(d) An assisted living home may not adopt a house rule that unreasonably restricts a right of a resident provided for under this chapter or under any other provision of law. (§ 1 ch. 130 SLA 1994)
AS 47.33.070. RESIDENT FILES.
(a) An assisted living home shall maintain, for each resident of the home, a file that includes
(1) the name and birth date, and, if provided by the resident, the social security number of the resident;
(2) the name, address, and telephone number of the resident’s closest relative, service coordinator, if any, and representative, if any;
(3) a statement of what actions, if any, the resident’s representative is authorized to take on the resident’s behalf;
(4) a copy of the resident’s assisted living plan;
(5) a copy of the residential services contract between the home and the resident;
(6) a notice, as required under AS 47.33.030, regarding the depository in which the resident’s advance payment money is being held;
(7) written acknowledgement by the resident or the resident’s representative that the resident has received a copy of and has read, or has been read the
(A) resident’s rights under AS 47.33.300;
(B) resident’s right to pursue a grievance under AS 47.33.340;
(C) resident’s right to protection from retaliation under AS 47.33.350;
(D) provisions of AS 47.33.510, regarding immunity; and
(E) home’s house rules;
(8) an acknowledgement and agreement relating to home safekeeping and management
of the resident’s money, as required by AS 47.33.040;
(9) a copy of the resident’s living will, if any; and
(10) a copy of a power of attorney or other written designation of an agent,
representative, or surrogate by the resident.
(b) An assisted living home shall retain a resident’s file for at least one year after the resident
terminates residency at the home. (§ 1 ch. 130 SLA 1994)
AS 47.33.080. CLOSURE OR RELOCATION; CHANGE OF MAILING ADDRESS.
(a) Not later than 90 days before the voluntary closing or relocation of an assisted living home, the home shall provide written notice of the closure or relocation to the licensing agency, each resident of the home, all representatives of residents, and all service coordinators for residents.
(b) Not later than 14 days before a change of an assisted living home’s mailing address, the home shall provide written notice of the change to the licensing agency, each resident of the home, all representatives of residents, and all service coordinators for residents. (§ 1 ch. 130 SLA 1994) AS 47.33.090. RATE INCREASE. An assisted living home may not increase the rate charged for services provided by the home unless the home notifies each resident or the resident’s representative of the increase at least 30 days before the increase is to take effect. (§ 1 ch. 130 SLA 1994)
AS 47.33.100. CRIMINAL BACKGROUND CHECK FOR EMPLOYEES.
(a) An assisted living home may not employ an individual in a paid position that the applicable licensing agency has determined is covered by this section, according to its regulations, unless the individual, before beginning employment.
(1) provides to the home a sworn statement as to whether the individual has been convicted of an offense described in (c) of this section; and
(2) provides to the home the results of a name-check criminal background investigation that was completed by the Department of Public Safety no more that 30 days before the individual is hired; and
(3) submits to the home two full sets of the individual’s fingerprints
(b) Within 30 days after employing an individual in a paid position, an assisted living home shall submit to the Department of Public Safety the fingerprints obtained under (a)(3) of this section. The Department of Public Safety shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. When the results are received, the department shall advise the
home of
(1) the data on which the fingerprints background check was completed; and
(2) whether the check shows that the individual has committed an offense described in (c) of this section.
(c) An assisted living home may not hire or retain an employee who has been convicted of an offense listed in the regulations of the applicable licensing agency as being an offense covered by this section. (§ 2 ch 35 SLA 1996) Cross references-For provisions affecting the applicability of this section, see § 4. Ch. 35, SLA 1996 in the Temporary and Special Acts. “(a) Sec. 4 ch. 35-(a) AS 18.20.302(a) and (b), added by sec. 1 of this Act, and AS 47.33.100(a) and (b), added by section. 2 of this Act, apply only to persons hired on or after the effective date of this Act and may not be construed to modify a collective bargaining agreement to in affect on the effective date of this Act.
(b) AS 18.20.302(c), added by sec. 1 of this Act, and AS 47.33.100(c), added by sec. 2 of this Act, do not apply to convictions for offenses that were committed before the effective date of this Act if the offense was committed by a person who was hired before the effective date of this Act. (c) Notwithstanding (a) and (b) of this section, until the effective date of new regulations adopted to implement this Act, regulations that are in effect on the effective date of this Act remain enforceable to the extent that they pertain to retention or nonprevention of all administrator or care provider in an assisted living home based on criminal offenses described in this regulations.