7 Alaska Admin. Code § 12.310

Current through September 25, 2024

Section 7 AAC 12.310 - Applicability and purpose of 7 AAC 12.310 - 7 AAC 12.349

(a) Except as provided in (b) of this section, and unless the department waives applicability under (e) of this section, the provisions of 7 AAC 12.310 - 7 AAC 12.349 apply to a public or private entity conducting, maintaining, or operating a hospice program that provides hospice care

(1) where a client lives or stays;

(2) for the treatment of physical, emotional, and mental symptoms of terminal illness; and

(3) that is based on hospice philosophy.

(b) A volunteer hospice agency is subject to the provisions of

(1) this section;

(2)7 AAC 12.312(Licensure);

(3)7 AAC 12.314(Inspections);

(4)7 AAC 12.317 (Scope of Service: Volunteer Hospice Agency);

(5)7 AAC 12.318 (Admission Criteria);

(6)7 AAC 12.320 (Advance Health Care Directives; Client Rights), except 7 AAC 12.320(b) (2)(I) and (L);

(7)7 AAC 12.321 (Abuse, Neglect, and Mistreatment);

(8)7 AAC 12.325 (Governing Body);

(9)7 AAC 12.329(b) and (c) (Administration), dealing with program director requirements;

(10)7 AAC 12.336 (Volunteer Services);

(11)7 AAC 12.338(a), (b), (c), and (k) (Hiring, Orientation, and Training);

(12)7 AAC 12.339 (Clinical and Administrative Records);

(13)7 AAC 12.340 (Employee Health);

(14)7 AAC 12.341 (Infection Control);

(15)7 AAC 12.344(Contracts), except 7 AAC 12.344(4); and

(16)7 AAC 12.349(Definitions).

(c) In addition to the applicable provisions of 7 AAC 12.310 - 7 AAC 12.349, a hospice agency is subject to the applicable requirements described in 7 AAC 12.600(a) and (i).

(d) Nothing in 7 AAC 12.310 - 7 AAC 12.349 relieves a hospice agency from compliance with 42 C.F.R. Part 418 for certification of a hospice agency to participate in the Medicare program. Licensure under this chapter does not qualify a hospice agency for participation in the Medicare program.

(e) The department will waive the applicability of this chapter for a hospice agency that provides proof that it is participating in the rural demonstration project under P.L. 108-173, title IV, sec. 409 (Medicare Prescription Drug, Improvement, and Modernization Act of 2003), and that it is in compliance with all applicable federal requirements for that project. A waiver issued under this subsection is void if the hospice agency ceases to participate in the project or ceases to be in compliance with applicable federal requirements.

7 AAC 12.310

Eff. 5/24/2007, Register 182

Authority:AS 47.32.010

AS 47.32.020

AS 47.32.030