7 AAC 75.340 - Notification requirements
(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(iv) a variance for the individual has been
revoked under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;
(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).
Notes
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
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