1. (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. (1) within 24 hours or on the next business day if

      1. (A) that an administrator, a care provider, or an individual who resides in the home, other than a resident receiving services,

         1. (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; 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;
         2. (ii) the individual is out of compliance with the association requirements described in 7 AAC 10.915(g) and 7 AAC 10.935(m);
         3. (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 sub-subparagraph, 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
         4. (iv) a variance for the individual has been revoked under 7 AAC 10.945; for purposes of notice under this sub-subparagraph, a resident is an affected resident if the resident was a victim of a barrier crime that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;
      2. (B) unable to correct a violation constituting an emergency under 7 AAC 75.530 - 7 AAC 75.550;
      3. (C) a resident dies of other than a natural cause; or
      4. (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. (2) within 48 hours after a resident

      1. (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;
      2. (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
      3. (C) is absent from the home for 24 hours or longer without prior notice to the home;
   3. (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. (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. (5) at least 14 days before a change in the home's mailing address;

   6. (6) at least 30 days before

      1. (A) a rate increase;
      2. (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
      3. (C) amendment of a residential services contract to require an advance payment under AS 47.33.030; and

   7. (7) at least 90 days before

      1. (A) a closure of the home; or
      2. (B) a relocation of the home.
2. (b) Repealed 6/24/2004.

3. (c) An assisted living home shall notify the department, in writing, before taking an action that requires

   1. (1) a request for modification when the administrator, individual, or entity named in the current application changes;
   2. (2) a request for department approval of a modification to increase resident capacity; or
   3. (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)

Authority: AS 47.05.300, AS 47.05.340, AS 47.33.010, AS 47.05.310, AS 47.32.010, AS 47.33.080, AS 47.05.320, AS 47.32.030, AS 47.05.330, AS 47.33.005