Title 7 . Health and Social Services

Chapter 74 . Assisted Living Homes

Section 60. Admission and discharge

7 AAC 74.060. Admission and discharge

(a) Except as provided in (b) and (d) of this section, decisions concerning admission, continued residence and participation, and discharge shall be made by the pioneers' home administrator with advice from the interdisciplinary care team for the pioneers' home.

(b) Admission to or continued residency or participation in a pioneers' home or service will not be approved for a person while the person has

(1) a communicable, contagious, or infectious disease that would pose a significant threat to the health, safety, or welfare of other residents or recipients; a cold, influenza, or similar illness is not considered a significant threat for purposes of this paragraph; or

(2) a behavior problem that would threaten the health, safety, or welfare of that person or other residents or recipients, as determined by the department.

(c) A person will not be admitted as a resident or recipient, or be required to remain as a resident or recipient, unless that person or the person's legal representative freely and knowingly consents to the person's entering or remaining at the pioneers' home or in the service program.

(d) A resident may not continue residency at a pioneers' home, or a recipient may not continue to receive day services or respite services, if the department determines that the resident or recipient has sufficient assets and income to pay for care and support and that payments for care and support are in arrears.

(e) A resident will be discharged if the resident is absent from the home for more than 60 consecutive days, unless the absence

(1) was necessitated by a referral to another health care facility under 7 AAC 74.010(c) ; or

(2) is authorized under 7 AAC 74.035(b) .

(f) For applicants for admission as a pioneers' home resident, the department will

(1) receive all new applications, verify eligibility, and list all eligible applicants in chronological order by date that the application was received;

(2) maintain a waiting list, known as the active waiting list, comprised of all applicants who desire to enter the pioneers' home of their choice within 30 days after an admission invitation is received;

(3) maintain a waiting list, known as the inactive waiting list, comprised of all applicants who desire to enter the pioneers' home of their choice at some future undetermined time, but not within the time period specified in (2) of this subsection;

(4) require annual verification of continued eligibility for admission under 7 AAC 74.015 from all applicants on the active and the inactive waiting lists;

(5) transfer an applicant's name from the inactive waiting list to the active waiting list upon written request from the applicant or the applicant's representative; the applicant's name will be listed on the active waiting list in the chronological order in which the original application was received;

(6) transfer an applicant's name from the active waiting list to the inactive waiting list if the applicant is offered placement in a pioneers' home in which the applicant has expressed interest, but refuses the offer or fails to enter the home within 30 days after the date of the offer; and

(7) require an applicant who is transferred to the inactive waiting list under (6) of this subsection to remain on that list for at least 90 days before applying for a transfer to the active waiting list under (5) of this subsection.

(g) Admission to or continued residency in a pioneers' home will not be approved unless the person provides proof, satisfactory to the department, that the person has Medicare Part A (42 U.S.C. 1395c - 1395i-4) and Medicare Part B (42 U.S.C. 1395j - 1395w-4) coverage under the Social Security Act, or has private medical insurance providing coverage at least as extensive as that provided by Medicare Part A and Medicare Part B. If the person does not have Medicare Part A and Medicare Part B, and the open enrollment period for Medicare Part A and Medicare Part B for a calendar year has passed, the person may satisfy the requirements of this subsection by providing satisfactory proof that the person has applied for Medicare Part A and Medicare Part B during the last open enrollment period and that the person will be covered under Medicare Part A and Medicare Part B as of the date that coverage begins for persons who applied during the last open enrollment period.

History: Eff. 8/1/2004, Register 171

Authority: AS 47.55.010

AS 47.55.020