Section 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) that an administrator, a care provider, or an individual who resides in the home, other than a resident receiving services, (i) is subject to a department determination under 7 AAC 10.915 (background check) that a barrier crime or condition described in 7 AAC 10.905 exists with respect to the individual 10.905]; for purposes of notice under this sub-subparagraph, a resident is an affected resident if the resident was a victim of the barrier crime or of the act determined to be a barrier condition, or if the barrier crime or the act determined to be a barrier condition was committed on the premises of the assisted living home;(ii) the individual is out of compliance with the association requirements described in 7 AAC 10.915(g) and 7 AAC 10.935(m);(iii) a variance for the individual has been denied under 7 AAC 10.930 and 7 AAC 10.935; for purposes of notice under this subsubparagraph, a resident is an affected resident if the resident was a victim of the barrier crime for which the variance was granted or of the act determined to be a barrier condition for which the variance was granted, or if the barrier crime for which the variance was granted or the act determined to be a barrier condition for which the variance was granted was committed on the premises of the assisted living home; or(iv) a variance for the individual has been revoked under 7 AAC 10.945; for purposes of notice under this sub-subparagraph, a resident is an affected resident if the resident was a victim of a barrier crime that resulted in revocation or of an act determined to be a barrier condition that resulted in revocation, or if a barrier crime that resulted in revocation or the act determined to be a barrier condition that resulted in revocation 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 (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.(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).Eff. 4/6/2002, Register 162; am 6/24/2004, Register 170; am 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
AS 47.33.005
AS 47.33.010
AS 47.33.080