Section 7 AAC 10.990 - Definitions(a) In 7 AAC 10.900 - 7 AAC 10.990, unless the context requires otherwise, (1) "applicant" (A) means an individual who requests a background check or a variance as required under 7 AAC 10.900 or under 7 AAC 10.930 and 7 AAC 10.935 for association with a provider, or for whom a provider requests a background check or a variance;(B) includes an individual not currently associated with a provider as set out in 7 AAC 10.900;(2) "apprentice" means an individual who is not an individual service provider, and who is in training or is completing a course of study or an internship through a structured and supervised educational program to provide care or services for one or more recipients of services;(3) "APSIN" means the Alaska Public Safety Information Network;(4) "association" means an association described in 7 AAC 10.900(b) between an individual and a provider;(5) "background check" means the screening and review that the department conducts under 7 AAC 10.915 for a barrier crime or condition;(6) "barrier condition" means a barrier to association under 7 AAC 10.900(b) that results from civil finding described in 7 AAC 10.905(a) and (f);(7) "barrier crime" means a criminal offense described in 7 AAC 10.905(a) - (e);(8) "barrier time" means the length of time a barrier crime or condition under 7 AAC 10.905 bars an applicant from association with a provider under 7 AAC 10.900(b);(9) "behavioral health problem" means a mental disorder, substance use disorder, or co-occurring disorder;(10) "certification" has the meaning given "certified" in (b) of this section;(11) "civil finding" means (A) a decision, order, judgment, or adjudication, including an administrative order, that a provider or applicant committed(i) abuse, neglect, or exploitation under AS 47.10, AS 47.24, AS 47.62, or a substantially similar provision in another jurisdiction; or(ii) medical assistance fraud under AS 47.05.210 or a substantially similar provision in another jurisdiction; or(B) an order, including an administrative order, under a state statute or a substantially similar provision in another jurisdiction that a license or certification of the provider or applicant to provide services related to the health, safety, and welfare of persons was denied, suspended, revoked, or conditioned;(12) "commissioner" means the commissioner of health and social services;(13) "co-occurring disorder" has the meaning given in 7 AAC 57.990;(14) "crime" means a barrier crime;(15) "crime involving domestic violence" has the meaning given in AS 18.66.990;(16) "criminal justice information" has the meaning given in AS 12.62.900;(17) "department" means the Department of Health and Social Services;(18) "direct supervision" means that the administrator, or a care provider who is at least 18 years of age, (A) is within sight or sound of the individual being supervised;(B) has received the training required under applicable department regulations;(C) is present to observe the individual; and(D) is available to the individual for consultation or assistance;(19) "domestic violence problem" means the individual(A) has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for a crime involving domestic violence listed in AS 18.66.990(3); or(B) is or has been subject to a protective order issued or filed under AS 18.66 or a substantially similar law or ordinance of another jurisdiction;(20) "eligibility to receive payments" means eligibility to receive payments that are used for the direct provision of services for the health, safety, and welfare of persons who are served by programs administered by the department; in this paragraph, "payments" does not include payments used solely for administrative costs;(21) "individual service provider" has the meaning given in AS 47.05.390;(22) "oversight division" means any division or office in the department that is responsible for licensing, approving, or certifying a provider or who is responsible for determining whether a person is eligible to receive payments from the department;(23) "provider" means an individual, an entity defined under AS 47.05.390, or an individual service provider as identified in AS 47.05.300;(24) "relative" means an individual who is related to another by marriage, blood relationship, or court decree;(25) "substance use disorder" has the meaning given in 7 AAC 57.990;(26) "supervised access" means that the provider maintains a prudent level of awareness of the whereabouts of an individual for whom supervised access is required, to ensure the protection of recipients of services;(27) "terminate association" means to sever an applicant's association under 7 AAC 10.900(b) with a provider;(28) "volunteer" means an individual who regularly or routinely provides services or care, without pay, on behalf of a provider.(b) Notwithstanding 7 AAC 10.9990, in 7 AAC 10.900 - 7 AAC 10.990, unless the context requires otherwise, (1) "entity" has the meaning given in AS 47.05.390;(2) "recipient of services" means an individual receiving services from a provider.(c) In AS 47.05.300-47.05.390 and 7 AAC 10.900 - 7 AAC 10.990, unless the context requires otherwise, "regular contact" means direct interaction with a recipient of services that occurs daily, or less frequently but on a recurring basis.(d) In AS 47.05.300(a), (1) "certified" means certified under (A)7 AAC 125.060 (Medicaid Coverage; Personal Care Services and Home Health Care Services; Personal Care Provider Certification and Enrollment); or(B)7 AAC 130.220 (Medicaid Coverage; Home and Community-Based Waiver Services; Provider Certification)(2) "eligible to receive payments" has the meaning given "eligibility to receive payments" under (a) of this section.Eff. 2/9/2007, Register 181; am 6/29/2017,Register 222, July 2017Authority: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