Section 7.10.960. Termination of association.  


Latest version.
  • 	(a)  Except as provided in (b) and (c) of this section, if an entity or provider is required to terminate association with an individual, the entity or provider shall  
    		(1) notify the individual that the individual's employment, volunteer services, or other association with the entity or provider under 7 AAC 10.900(b) is ended, effective immediately, unless the entity or provider takes immediate action under (2) of this subsection; the entity or provider must notify the individual under this paragraph  
    			(A) immediately, if the individual is present at the entity or premises where the provider is providing services; or  
    			(B) before or upon the individual's next arrival at the entity; or  
    		(2) if the entity or provider intends to request a variance under 7 AAC 10.930, immediately reassign the duties and responsibilities of that individual so that the individual  
    			(A) does not have contact with recipients of services;  
    			(B) cannot access personal or financial records maintained by the entity or provider regarding recipients of services;  
    			(C) has no control over or impact on the financial well-being of a recipient of services, unless the only recipient whose financial well-being is affected is a  
    				(i) relative of the individual who has authorized that individual to make financial decisions for that relative;  
    				(ii) recipient who has executed a power of attorney for that individual to make financial decisions for that recipient; or  
    				(iii) recipient for whom a court has authorized that individual to make financial decisions; and  
    			(D) is provided with direct supervision if present in the entity or premises where the provider is providing services during hours of operation.  
    	(b)  If the entity or provider is required to terminate association with an individual who is subject to a union agreement or employment contract that requires more notice than allowed under (a) of this section, the entity or provider shall, within 24 hours after receiving notice to terminate association, deliver a copy of the relevant language of the agreement or contract to the department. The entity or provider shall cooperate with the department in developing an appropriate termination plan for the individual that includes the measures set out in (a)(2)(A) - (D) of this section during the notice period mandated by the agreement or contract.  
    	(c)  If the individual for whom termination of association is required is a relative of the operator, administrator, or provider, and resides in the entity or premises where services are provided, termination of association must occur within 24 hours, and the entity or provider shall ensure that the individual  
    		(1) does not have contact with recipients of services; and  
    		(2) is provided with direct supervision if, during that 24-hour period, the individual is present in the entity or premises where the provider is providing services during hours of operation.  
    

Authorities

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

Notes