1. (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. (1) where a client lives or stays;
   2. (2) for the treatment of physical, emotional, and mental symptoms of terminal illness; and
   3. (3) that is based on hospice philosophy.

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

   1. (1) this section;
   2. (2) 7 AAC 12.312 (Licensure);
   3. (3) 7 AAC 12.314 (Inspections);
   4. (4) 7 AAC 12.317 (Scope of Service: Volunteer Hospice Agency);
   5. (5) 7 AAC 12.318 (Admission Criteria);
   6. (6) 7 AAC 12.320 (Advance Health Care Directives; Client Rights), except 7 AAC 12.320(b)(2)(I) and (L);
   7. (7) 7 AAC 12.321 (Abuse, Neglect, and Mistreatment);
   8. (8) 7 AAC 12.325 (Governing Body);
   9. (9) 7 AAC 12.329(b) and (c) (Administration), dealing with program director requirements;
   10. (10) 7 AAC 12.336 (Volunteer Services);
   11. (11) 7 AAC 12.338(a), (b), (c), and (k) (Hiring, Orientation, and Training);
   12. (12) 7 AAC 12.339 (Clinical and Administrative Records);
   13. (13) 7 AAC 12.340 (Employee Health);
   14. (14) 7 AAC 12.341 (Infection Control);
   15. (15) 7 AAC 12.344 (Contracts), except 7 AAC 12.344(4); and
   16. (16) 7 AAC 12.349 (Definitions).
3. (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).
4. (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.
5. (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.

(Eff. 5/24/2007, Register 182)

Authority: AS 47.32.010, AS 47.32.020, AS 47.32.030