Section 7.12.610. Licensure.

	(a)  Unless exempt under 7 AAC 12.611, before an individual or entity may operate a facility subject to AS 47.32  and this chapter, the individual or entity must obtain a license from the department under AS 47.32  and this section. The department may bring an action to enjoin the operation of a facility that has failed to obtain a license as required under AS 47.32  and this chapter.  
	(b)  An application for an initial license must be submitted on a form supplied by the department. The applicant must submit a complete application, providing all applicable documents and information required under this chapter, including the names and addresses of all owners, officers, directors, partners, members, and principals of the business organization that owns the entity for which licensure is sought. Within 30 days after receipt of an application, the department will review the application for completeness. If the application is incomplete, the department will return it to the applicant for additional information. If the application is complete, the department will conduct an onsite review and inspection of the facility. If, after the onsite review and inspection, and review of the application, the department determines that the applicant meets the applicable requirements of AS 47.32  and this chapter, the department will issue a provisional license in accordance with AS 47.32.050(a). If the department determines that the applicant does not meet the applicable requirements of AS 47.32  and this chapter, the department will deny the application and issue the notice as required under AS 47.32.070.  
	(c)  If the department determines that the applicant is temporarily unable to comply with one or more applicable requirements and is taking appropriate steps to achieve compliance, the department will extend the application review period under (b) of this section for an additional 90 days.  
	(d)  An application for renewal of a biennial license must be submitted, and will be reviewed, in accordance with AS 47.32.060. In addition to any noncompliance with the applicable provisions of AS 47.32  and this chapter, grounds for nonrenewal include  
		(1) submission of false or fraudulent information to the department;  
		(2) failure or refusal to provide required information to the department;  
		(3) noncompliance that threatens the health, welfare, or safety of patients;  
		(4) the facility or individual, or an employee of the facility or individual,  
			(A) permitting, aiding, or abetting the commission of a criminal act under AS 11,  AS 21,  AS 28,  or AS 47  related to facility operations covered by the license;  
			(B) engaging in conduct or practices detrimental to the health, welfare, or safety of patients, clients, or employees; or  
			(C) participating in, offering to participate, or implying an offer to participate in rebate, kickback, or fee-splitting arrangements or substantially similar arrangements; and  
		(5) an insufficient number of staff at the facility with the training, experience, or judgment to provide adequate care.  

Authorities

18.05.040;18.20.080;47.05.310;47.32.010;47.32.020;47.32.030;47.32.040;47.32.050;47.32.060;47.32.130;47.32.140

Notes

Reference

7 AAC 12.305
7 AAC 12.312
7 AAC 12.314
7 AAC 12.404
7 AAC 12.457
7 AAC 12.600
7 AAC 12.612
7 AAC 72.012
7 AAC 72.015
7 AAC 72.020
7 AAC 72.050
8 AAC 15.910

Authority

AS 18.05.040 AS 18.20.080 AS 47.05.310 AS 47.32.010 AS 47.32.020 AS 47.32.030 AS 47.32.040 AS 47.32.050 AS 47.32.060 AS 47.32.130 AS 47.32.140

History

Eff. 11/19/83, Register 88; am 6/28/84, Register 90; am 9/1/2000, Register 155; am 12/3/2006, Register 180; am 9/30/2007, Register 183