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 Alaska Administrative Code (Last Updated: January 12, 2017)
 Title 7. Health and Social Services.
 Part 7.1. Administration.
 Chapter 7.10. Licensing, Certification, and Approvals.
 Article 7.10.3. Barrier Crimes, Criminal History Checks, and Centralized Registry.

  Section 7.10.955. Centralized registry.  

Latest version. 
  • 	(a)  A centralized registry is established in the department to accomplish the purpose of AS 47.05.330 as that purpose relates to an individual  
		(1) who seeks to be or to remain associated with an entity or individual service provider in a manner described in 7 AAC 10.900(b);  
		(2) whose name appears on the centralized registry because of a matter described in AS 47.05.330(b)(1)(A) involving the abuse, neglect, or exploitation of a child or vulnerable adult; and  
		(3) whose name appears on the centralized registry because of a matter described in AS 47.05.330(b)(1)(B) involving medical assistance fraud.  
	(b)  An individual whose name appears on the centralized registry may not be associated with an entity or individual service provider in a manner described in 7 AAC 10.900(b) unless a variance is granted under 7 AAC 10.935.  
	(c)  An entity or individual service provider that is subject to AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990 shall, using a form prescribed by the department, submit to the department reports as required or allowed under AS 47.05.330 for any matter described in (a)(2) or (3) of this section.  
	(d)  Upon receipt of a report required under (c) of this section, the department will enter the information on the centralized registry as required by AS 47.05.330(b).  
	(e)  Separately or in conjunction with an investigation or audit under AS 47.05.200, AS 47.10,  AS 47.24,  or AS 47.62,  the department will investigate a report of abuse, neglect, or exploitation submitted under (c) of this section. If, after its investigation, the department makes a substantiated finding that an individual committed abuse, neglect, or exploitation, the department will notify any entity or individual service provider that made the report, and the individual who is the subject of the investigation, that the department has made a substantiated finding, and that it intends to place the finding in the centralized registry. In the notice, the department will  
		(1) describe the nature of the substantiated finding;  
		(2) identify each statute or regulation that supports the finding;  
		(3) state the effective date for placement in the registry; and  
		(4) advise that the individual who is the subject of the investigation may request a hearing under (f) of this section.  
	(f)  An individual who is the subject of an investigation that results in a substantiated finding against the individual may request a hearing from the department within 30 days after receipt of the notice described in (e) of this section. A request under this subsection must be submitted to the department's office responsible for maintaining the centralized registry. The request must be in writing, must include the individual's reasons for believing the department's finding to be in error, and must be accompanied by any relevant documentation to support those reasons.  
	(g)  If the department determines that questions of material fact, if any, raised in a request for hearing under (f) of this section and relevant to the department's substantiated finding, were previously decided in a civil or criminal court action, or in an administrative hearing conducted in accordance with AS 44.62.330 - 44.62.630 (Administrative Procedure Act), and that under the facts as previously decided, the individual committed abuse, neglect, or exploitation, the department will send the individual written notice that the department intends to issue a summary decision to dismiss the individual's claim. The individual may submit a written objection to the department's proposed dismissal, identifying any issue of material fact that the individual believes still to be in dispute, providing reasons why the individual disagrees with the department's proposed dismissal, and providing any relevant documentation to support those reasons. If the department does not receive a written objection within 30 days after the individual received notice of the department's proposed dismissal, or if the department rejects the individual's objection,  
		(1) the department's substantiated finding becomes a final department decision for purposes of judicial review, and the department will enter the information in the centralized registry; if the previous court action or hearing resulted in a decision, order, judgment, or adjudication that the individual committed abuse, neglect, or exploitation, the department will also enter the information in the centralized registry; and  
		(2) the department will give notice as required in (k) of this section.  
	(h)  If a hearing is requested under (f) of this section,  
		(1) the department will hold the hearing within 45 days after receiving the request; and  
		(2) the entity or provider may allow the individual to remain associated with the entity or provider, pending a decision on the request, if  
			(A) the individual is removed from direct contact with individuals receiving services; and  
			(B) the entity or provider ensures that the individual has supervised access if present in any area where services are provided, during hours of operation.  
				(i) If a hearing is requested under (f) of this section, the department will conduct the hearing in accordance with AS 44.62.330 - 44.62.630 (Administrative Procedure Act). The hearing officer shall issue a decision within 30 days after the hearing is concluded. The decision is a final department decision for purposes of judicial review. If the hearing officer finds by a preponderance of the evidence that the individual who is the subject of the hearing committed abuse, neglect, or exploitation, the hearing officer shall submit this information to the department office responsible for maintaining the centralized registry. The department will enter the information on the centralized registry and give notice as required in (k) of this section.  
	(j)  If the individual who is the subject of the investigation does not request a hearing within 30 days after receipt of the notice described in (e) of this section, or waives the right to a hearing, the substantiated finding becomes a final department decision for purposes of judicial review, and the department will enter the information in the centralized registry. The department will give notice as required in (k) of this section.  
	(k)  If a hearing or waiver of hearing under this section results in a finding that an individual committed abuse, neglect, or exploitation, the department will notify any entity or provider that made a report under (c) of this section, and the individual who is the subject of the hearing, of the hearing or waiver results and of the entry of the information on the centralized registry. The department will notify the individual of the right to request that the department delete or modify the information on the centralized registry to correct an inaccuracy in accordance with AS 47.05.330(j).  
	(l) If, after an investigation in accordance with AS 47.05.330(j) to determine whether there is an inaccuracy related to information on the centralized registry, the department determines that the information is correct, the department will notify the individual who made the request that the department has denied the individual's request to delete or modify the information.  
	(m)  The department will remove from the centralized registry information regarding a finding that an individual has committed abuse, neglect, or exploitation if the department receives notice that the individual has died.  
	(n)   For purposes of this section, "substantiated finding" means a determination made by the department after an investigation that, based on available information, it is more likely than not that abuse, neglect, or exploitation occurred.

Authorities

47.05.300;47.05.310;47.05.320;47.05.330;47.05.340;47.32.010;47.32.030

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
History
Eff. 2/9/2007, Register 181; am 2/13/2008, Register 185