Section 7 AAC 74.990 - Definitions(a) In this chapter, (1) "activities of daily living" has the meaning given in AS 47.33.990;(2) "ancillary charges" means monthly charges for the cost of supplies, medication, equipment, and services beyond those covered by the appropriate rate set in 7 AAC 74.025, furnished to a resident or recipient;(3) "assisted living plan" means the assisted living plan prepared under AS 47.33.220 and 47.33.230;(4) "commissioner" means the commissioner of the Department of Health and Social Services;(5) "day services" means services described in 7 AAC 74.010(c) (6);(6) "department" means the Department of Health and Social Services;(7) "'dependent" means a minor child under the age of 18 or an adult with a physician-certified mental or physical impairment or developmental disability that prevents the adult from performing self-care;(8) "director" means the director of the division of Alaska pioneer homes;(9) "financially able" means that an applicant, resident, or recipient has (A) enough monthly income or resources, after excluding the items listed in 7 AAC 74.045(c), to pay the appropriate monthly or daily rate under 7 AAC 74.025 and ancillary charges; and(B) income of at least $300 a month left for personal use after paying the appropriate monthly or daily rate and ancillary charges;(10) "health-related services" means services described in AS 47.33.020(c) - (i);(11) "income" means earned and unearned income, including wages, net earnings from self-employment, other remuneration for services, royalties, tax refunds, annuities, pensions, prizes and awards, support payments, and alimony payments;(12) "income and resources" means income and resources of an individual and of the individual's spouse, including income and resources that the individual or spouse is entitled to but does not receive because of action (A) by the individual or spouse;(B) by a person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or spouse; or(C) by a person, including a court or administrative body, acting at the direction or upon the request of the individual or spouse;(13) "level I services" means services described in 7 AAC 74.010(c) (1);(14) "level II services" means services described in 7 AAC 74.010(c) (2);(15) "level III services" means services described in 7 AAC 74.010(c) (3);(16) "rate" means the monthly charge for a designated level of service, or the daily charge for day services or respite services, as established in 7 AAC 74.025;(17) "recipient" means a person receiving day services or respite services;(18) "resident" means a resident of a pioneers' home;(19) "resources" means assets consisting of real and personal property;(20) "respite services" means services described in 7 AAC 74.010(c) (7);(21) "behavior management" means non-pharmacological staffing assistance to structure the environment, increase safety, and decrease triggers of maladaptive behavior for a person who can no longer regulate their own behavior due to the dementia-disease process, but excludes complex behaviors;(22) "complex behaviors" means those behaviors exhibited by a resident of this state that is 60 years of age or older with a primary diagnosis of dementia and related disorders, with the level of severity described in this paragraph; the dementia must significantly affect the person's orientation to time and place, and the person's ability to start or finish activities of daily livings; the person must have difficulty articulating their basic needs and must display behavior that includes neglect of self or harm to self or others that is not purposeful or planned, but is reactive to the environment and caused by the dementia disease process;(23) "level IV services" means services described in 7 AAC 74.010(c)(4);(24) "level V services" means services described in 7 AAC 74.010(c)(5);(25) "maximum community spouse monthly maintenance allowance" has the meaning given in 7 AAC 100.560(a);(26) "nursing services" means nursing duties under 12 AAC 44.970 that require the exercise of professional nursing knowledge or judgment, or complex nursing skills that must not be delegated.(b) In AS 47.55.020, "cost of the person's care," and in AS 47.55.030, "cost of care and support," mean the cost of services provided to a pioneers' home resident or recipient.(c) In AS 47.55.095, "undue hardship" means that, as determined by the department after considering other reasonable alternatives to obtain medical care, food, clothing, shelter, or other necessities of life, an individual would be deprived of (1) medical care such that the individual's health or life would be endangered; or(2) food, clothing, shelter, or other necessities of life.Eff. 8/1/2004, Register 171; am 3/8/2012, Register 201; am 8/30/2019, Register 231, October 2019; am 4/14/2021, Register 238, July 2021; am 7/9/2023, Register 247, October 2023Authority:AS 47.55.010
AS 47.55.020
AS 47.55.030
AS 47.55.070
AS 47.55.095