Section 7.75.340. Notification requirements.

	(a)  In addition to meeting the reporting requirements of 7 AAC 10.955(c) for the centralized registry established under 7 AAC 10.955, 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) an administrator, a care provider, or an individual who resides in the home, other than a resident receiving services, is charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a barrier crime listed in 7 AAC 10.905; for purposes of notice under this subparagraph, a resident is an affected resident if the resident was a victim of the offense committed, or if the offense was committed on the premises of the assisted living home;  
			(B) unable to correct a violation constituting an emergency under 7 AAC 75.530 - 7 AAC 75.550;  
			(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).  

Authorities

47.05.300;47.05.310;47.05.320;47.05.330;47.05.340;47.32.010;47.32.030;47.33.005;47.33.010;47.33.080

Notes

Reference

7 AAC 75.290
7 AAC 75.295
7 AAC 75.540
7 AAC 75.550

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 ________________________

History

Eff. 4/6/2002, Register 162; am 6/24/2004, Register 170; am 2/9/2007, Register 181