1. (a) When a nursing facility's utilization review committee or the department determines that a recipient does not, or in the future will not, require continued nursing facility placement, the nursing facility shall provide, at least 10 days before the date of discharge, a written notice of proposed discharge

   1. (1) to the recipient;
   2. (2) if applicable, to the recipient's family or guardian;
   3. (3) to the attending physician;
   4. (4) to the division of the department responsible for payment for health care services;
   5. (5) to the division of the department responsible for senior and disability services, if the nursing facility is proposing the discharge; and
   6. (6) to the nursing facility, if the division of the department responsible for senior and disability services is proposing the discharge.
2. (b) A recipient who receives notice of a proposed discharge under (a) of this section may request a hearing under 7 AAC 49.
3. (c) The department may withhold payment to the facility, if the facility fails to comply with this section.

(Eff. 2/1/2010, Register 193)

Authority: AS 47.05.010, AS 47.07.030, AS 47.07.040, AS 47.07.045