(a) If the department determines that the health or safety of the residents of a nursing facility is immediately jeopardized as the result of the nursing facility’s failure or refusal to comply with a statestatute or regulation, or failure or refusal to comply with the Medicaid requirements in 42 U.S.C. § 1396r (Title XIX of the Social Security Act) or a regulation adopted under that statute, the department shall immediately petition the superior court for an order for appointment of temporary administration to
Terms Used In Alaska Statutes 18.20.360
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Statute: A law passed by a legislature.
(1) oversee the operation of the facility; and(2) ensure the health and safety of the facility’s residents while orderly closure of the facility occurs or the deficiencies necessitating temporary administration are corrected.(b) The court shall grant the petition if it finds by a preponderance of the evidence that the conditions in (a) of this section exist.
