Title 7 . Health and Social Services

Chapter 75 . Assisted Living Homes

Section 340. Notification requirements

7 AAC 75.340. Notification requirements

(a) 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 arrested or convicted of an offense listed in 7 AAC 75.215; 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) .

History: Eff. 4/6/2002, Register 162; am 6/24/2004, Register 170

Authority: AS 47.33.080

AS 47.33.410

AS 47.33.920