Alaska Stat. § 47.24.013

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 47.24.013 - Reports of abandonment, exploitation, abuse, neglect, or self-neglect of vulnerable adults in out-of-home care facilities
(a) If a report received under AS 47.24.010 pertains to the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that is alleged to have been committed by or to have resulted from the negligence of the staff or a volunteer of an out-of-home care facility, including a facility licensed under AS 47.32, in which the vulnerable adult resides, the department may forward the report to the long term care ombudsman for investigation under AS 44.25.310 .
(b) The department shall investigate a report received under AS 47.24.010 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that is alleged to have been committed by or to have resulted from the negligence of the staff or a volunteer of an out-of-home care facility in which the vulnerable adult resides.
(c) Upon receipt of a report under (a) or (b) of this section, the long term care ombudsman and the department shall
(1) conduct an investigation as appropriate under AS 44.25.310 or this title, respectively;
(2) coordinate and cooperate in their responses to and investigations of the report if their jurisdictions overlap

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(d) If the long term care ombudsman directly receives a report regarding the undue influence, abandonment, exploitation, abuse, neglect, or self- neglect of a vulnerable adult in an out-of-home care facility, the ombudsman may provide the report, and the results of the ombudsman's actions or investigations regarding the report, to the department's vulnerable adult centralized intake office. The ombudsman shall obtain the informed consent of the vulnerable adult or the vulnerable adult's resident representative before providing the report to the department. The department may investigate the report as described in AS 47.24.015 if the department determines that action is appropriate. In this subsection, "resident representative" has the meaning given in AS 44.25.390 .
(e) After the results of an investigation by the long term care ombudsman are provided to the department under (c) or (d) of this section, the department may make a final determination as described in AS 47.24.015 (b), based on the investigation results provided, regarding services to be offered to the vulnerable adult.
(f) If an investigation conducted by an agency under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the agency shall report the matter to the Board of Nursing.

AS 47.24.013

Amended by AK 2022 Executive Order 121,§§sec.67, sec.68, sec.69 eff. 7/1/2022.
Amended by SLA 2017, ch. 19,§§sec.4, sec.15 eff. 10/31/2017.
Amended by SLA 2017, ch. 19,§§sec.5, sec.6 eff. 10/31/2017.
Amended by SLA 2012, ch. 71,§§sec.23, sec.24, sec.25, sec.26 eff. 7/1/2012.