Section 47.24.017. Delivery of protective services for vulnerable adults.

   (a) If the department determines under AS 47.24.015 that a vulnerable adult is in need of protective services and the vulnerable adult, the vulnerable adult's guardian, conservator, attorney-in-fact, trustee, a surrogate decision maker selected under AS 47.24.016, or a surrogate for health care decisions under AS 13.52.030 consents to receipt of the protective services, and to the extent that resources are available, the department shall ensure that the protective services for the vulnerable adult are provided by the department or its designee within 10 working days after the department received the report under AS 47.24.010 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of the vulnerable adult. However, if circumstances beyond the control of the department or the department's designee make it impossible to provide the protective services within the 10 working days, the department shall ensure that the services are provided as soon as possible after that time.
   (b) Notwithstanding (a) of this section, if the department determines that an emergency situation exists that necessitates provision of protective services to a vulnerable adult, the department may provide the necessary protective services in a manner determined by the department to be the most appropriate in light of the emergency situation, regardless of whether the vulnerable adult or any other person has consented to receipt of the services.
   (c) To the extent practicable, protective services provided under this section shall be delivered in a culturally relevant manner that protects the vulnerable adult's right to the least restrictive environment and maximizes that person's own decision making capabilities.
   (d) If the protective services under this section include the placement of a vulnerable adult in an assisted living home at the state's expense, the minimum daily reimbursement rate to the assisted living home for the vulnerable adult is $70. The department may, under its regulations, provide for a daily rate higher than $70 if the additional care provided to the vulnerable adult in the assisted living home justifies the additional reimbursement. In this subsection, "assisted living home" means an assisted living home licensed under AS 47.32.

Authorities

47.07.070;47.24.040

Notes

Implemented As

7 AAC 47.300
7 AAC 47.310
7 AAC 47.330
7 AAC 47.390
7 AAC 47.400
7 AAC 47.410
7 AAC 47.420
7 AAC 47.465
7 AAC 47.471
7 AAC 47.472
7 AAC 47.475
7 AAC 47.525
7 AAC 47.900

References

7 AAC 47.465
AS 47.07.070 Payment rates for health facilities.
AS 47.24.040 Monitoring.

History

(Sec. 8 ch 129 SLA 1994; am Sec. 2 - 4 ch 83 SLA 2000; am Sec. 27 ch 57 SLA 2005; am Sec. 33 ch 71 SLA 2012)