Section 18.20.310. Sanctions for noncompliance.

   (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 AS 08.68.340 - 08.68.390, AS 08.70, AS 18.20.075 - 18.20.085, AS 47.07, or with a regulation adopted under any of those statutes, or, for a nursing facility that provides Medicaid services under AS 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:
        (1) ban the admission of new residents to the nursing facility;
        (2) as provided in AS 18.20.320, deny payment under AS 47.07 and AS 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 AS 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 AS 18.20.360 or of a receiver under AS 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 AS 18.20.330 regarding a sanction imposed by the department under this section.

Authorities

18.20.305;18.20.330;18.20.340;18.20.350

Notes

References

AS 18.20.305 Nursing facility regulations.
AS 18.20.330 Appeal; hearing.
AS 18.20.340 Civil fines.
AS 18.20.350 Nursing facility resident security fund.

History

(Sec. 4 ch 138 SLA 1990; am Sec. 8 ch 57 SLA 2005)