Title 7 . Health and Social Services

Chapter 12 . Assistance for Community Health Facilities

Section 620. Penalties

7 AAC 12.620. Penalties

(a) The department will inspect each facility at least annually for compliance with this chapter. The department will, in its discretion, impose the following penalties for a violation of a provision of this chapter:

(1) revocation of the license;

(2) suspension of the license;

(3) issuance of a provisional license; and

(4) issuance of a written report which states the violation and a date certain for the submission of a plan by the facility for correction of the violation.

(b) The department will consider the following factors in determining a penalty:

(1) the nature and extent of the violation, and the extent to which the health or safety of patients or clients is adversely affected;

(2) whether the violation substantially limits the facility's ability to render adequate care;

(3) whether the facility has a history of violations, and, if so, whether the violations were corrected within a reasonable time;

(4) whether the facility failed to make available to the department records of services provided; and

(5) submission of false or fraudulent information to the department.

(c) If a licensee is suspended from participation in the national health insurance for the aged and disabled program under Title XVIII of the Social Security Act or the national medical assistance program under Title XIX of the Social Security Act, the department will, in its discretion, revoke or suspend the license.

(d) The department will give notice to the facility of imposition of a penalty by certified mail. The notice will contain a statement of the reasons for the penalty.

(e) A facility may request reconsideration of a penalty imposed by the department. A request for reconsideration must be made in writing within 10 calendar days after receipt of the penalty notice. The department will meet informally with representatives of the facility to reconsider the penalty. The department will, in its discretion, modify or rescind the penalty for good cause shown at the informal meeting.

(f) If the penalty is not rescinded, the facility may appeal the decision under AS 44.62.330 - 44.62.630.

History: Eff. 11/19/83, Register 88

Authority: AS 18.05.040

AS 18.20.010

AS 18.20.020

AS 18.20.040

AS 18.20.050

AS 18.20.060

AS 18.20.080

AS 18.20.120