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7 AAC 140.535. Continuing placement in a nursing facility. (a) The department will consider authorizing the continuing placement of a recipient in a nursing facility if the nursing facility

(1) submits a request for nursing facility level-of-care authorization, on a form provided by the department, and that includes the information required in 7 AAC 140.505(b); subsequent request forms must be submitted no less than semiannually following admission to an intermediate care facility and no less than quarterly following admission to a skilled nursing facility;

(2) has determined that the level of care is appropriate based upon the recommendation of the nursing facility’s utilization review committee;

(3) gives the authorized department representative full access to the nursing facility’s records pertaining to the recipient, including the opportunity for the department representative to personally read charts and records;

(4) has included in the recipient’s record a copy of all utilization review committee reports and request for nursing facility level-of-care authorization forms;

(5) has written policies that state that only those persons are accepted whose needs can be met by the nursing facility directly or in cooperation with community resources or other providers of care with which the facility is affiliated or has a contract; it is the responsibility of the facility to monitor admissions carefully to ensure that the nursing facility only admits recipients that it has the capability to treat. (b) A nursing facility unable to provide appropriate care for a recipient must notify the department and assist in prompt transfer of that person to a facility that can provide the care needed. (c) If a recipient believes the level-of-care determination is incorrect, the recipient may request a hearing under 7 AAC 49. (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040