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Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 7 AAC 75.560. In addition, the regulations attorney made conforming technical changes to the authority citation by substituting references to AS 47.32.010, 47.32.030, 47.32.060, 47.32.090, 47.32.100, 47.32.110, 47.32.120, 47.32.130, and 47.32.140 for the references to former AS 47.33.410 and 47.33.920 (repealed 2005). 7 AAC 75.570. Sanctions for noncompliance. (a) The department will consider the following factors in determining an enforcement action against the home under AS 47.32.130 or 47.32.140:

(1) the nature and extent of the violation, and the extent to which the health or safety of residents is adversely affected, specifically considering whether the assisted living home’s noncompliance

(A) is likely to have only a minor negative impact on a resident;

(B) results in minimal physical, mental, or psychosocial discomfort to a resident;

(C) results in actual harm to a resident as evidenced by compromising a resident’s ability to maintain physical, mental, or psychosocial well-being; or

(D) results in a situation in which immediate corrective action is necessary because the noncompliance has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident;

(2) whether the violation substantially limits the home’s ability to render adequate care;

(3) whether the home has a history of violations, and, if so, the nature of the violations and whether the previous violations were corrected;

(4) whether the home failed to provide records to the department upon request;

(5) whether the home has submitted false or fraudulent information to the department. (b) If the department imposes an administrative sanction, the administrator may appeal that action as described in enforcement action against the home under AS 47.32.130 or 47.32.140, and under 47.32.150. (Eff. 4/6/2002, Register 162; am 6/24/2004, Register 170) Statutory Authority:

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(A) is likely to have only a minor negative impact on a resident;

(B) results in minimal physical, mental, or psychosocial discomfort to a resident;

(C) results in actual harm to a resident as evidenced by compromising a resident’s ability to maintain physical, mental, or psychosocial well-being; or

(D) results in a situation in which immediate corrective action is necessary because the noncompliance has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident;

(2) whether the violation substantially limits the home’s ability to render adequate care;

(3) whether the home has a history of violations, and, if so, the nature of the violations and whether the previous violations were corrected;

(4) whether the home failed to provide records to the department upon request;