(a) If the department finds that a nursing facility, or a partner, officer, director, owner of five percent or more of the nursing facility’s assets, or managing employee of the nursing facility substantially failed or refused to comply with Alaska Stat. § 08.68.340 – 08.68.390, Alaska Stat. Chapter 08.70, Alaska Stat. § 18.20.075 – 18.20.085, Alaska Stat. Chapter 47.07, or with a regulation adopted under any of those statutes, or, for a nursing facility that provides Medicaid services under Alaska Stat. Chapter 47.07, failed or refused to comply with the Medicaid requirements of 42 U.S.C. § 1396r (Title XIX of the Social Security Act, as amended) or a regulation adopted under that statute, the department may take the following actions:
Terms Used In Alaska Statutes 18.20.310
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Statute: A law passed by a legislature.
(1) ban the admission of new residents to the nursing facility;(2) as provided in Alaska Stat. § 18.20.320, deny payment under Alaska Stat. Chapter 47.07 and Alaska Stat. § 47.25.120 – 47.25.300 for any Medicaid or general relief-medical resident admitted to the nursing facility after notice by the department of denial of payment; residents who are eligible for Medicaid or general relief-medical are not responsible for payment when the department takes action under this paragraph;(3) assess a civil fine in accordance with Alaska Stat. § 18.20.340;(4) suspend or terminate the nursing facility’s participation in the Medicaid program;(5) suspend, revoke, or refuse to renew the nursing facility’s license issued under this chapter;(6) seek an appointment of temporary administration as provided in Alaska Stat. § 18.20.360 or of a receiver under Alaska Stat. § 18.20.370;(7) in case of an emergency, seek an order from the court either to close the nursing facility or to transfer residents from that facility, or both.(b) An order of the department imposing a sanction described in
(1) (a)(1), (4), or (5) of this section takes effect immediately upon service of the order on the nursing facility; however, if the facility can demonstrate to the department’s satisfaction that the deficiencies prompting the order do not jeopardize the health or safety of facility residents or seriously limit the nursing facility’s capacity to provide adequate care, the department’s order takes effect 10 days after service; (2) (a)(2) or (3) of this section takes effect 10 days after service of the order on the nursing facility.(c) A hearing may be requested under Alaska Stat. § 18.20.330 regarding a sanction imposed by the department under this section.
