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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 20. Hospitals and Nursing Facilities
- Section 310. Sanctions For Noncompliance.
previous: Section 305
. Nursing Facility Regulations.
next: Section 320
. Denial of Payment.
AS 18.20.310. Sanctions For Noncompliance.
- (a) If the department finds that a nursing facility, or a partner, officer, director, owner of five percent or more of the
nursing facility's assets, or managing employee of the nursing facility substantially failed or refused to comply with
AS 08.68.340 - 08.68.390, AS 08.70, AS 18.20.075 - 18.20.085, AS 47.07, or with a regulation adopted under any of those statutes, or,
for a nursing facility that provides Medicaid services under AS 47.07, failed or refused to comply with the Medicaid requirements of
42 U.S.C. 1396r (Title XIX of the Social Security Act, as amended) or a regulation adopted under that statute, the
department may take the following actions:
- (1) ban the admission of new residents to the nursing facility;
- (2) as provided in AS 18.20.320
, deny payment under AS 47.07 and AS 47.25.120 - 47.25.300 for any Medicaid or general relief-medical
resident admitted to the nursing facility after notice by the department of denial of payment; residents who are
eligible for Medicaid or general relief-medical are not responsible for payment when the department takes action under
- (3) assess a civil fine in accordance with AS 18.20.340
- (4) suspend or terminate the nursing facility's participation in the Medicaid program;
- (5) suspend, revoke, or refuse to renew the nursing facility's license issued under this chapter;
- (6) seek an appointment of temporary administration as provided in AS 18.20.360 or of a receiver under AS 18.20.370
- (7) in case of an emergency, seek an order from the court either to close the nursing facility or to transfer residents
from that facility, or both.
- (b) An order of the department imposing a sanction described in
- (1) (a)(1), (4), or (5) of this section takes effect immediately upon service of the order on the nursing facility;
however, if the facility can demonstrate to the department's satisfaction that the deficiencies prompting the order do
not jeopardize the health or safety of facility residents or seriously limit the nursing facility's capacity to provide
adequate care, the department's order takes effect 10 days after service;
- (2) (a)(2) or (3) of this section takes effect 10 days after service of the order on the nursing facility.
- (c) A hearing may be requested under AS 18.20.330
regarding a sanction imposed by the department under this section.
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