AS Title 47, Chapter 65: Service Programs for Older Alaskans and Other Adults

Article 1. Service Programs for Older Alaskans. Chapter 65. Service Programs for Older Alaskans and Other Adults. Sec. 47.65.010. Appropriations for service programs. An amount to carry out the provisions of AS 47.65.010 — 47.65.050 may be appropriated annually by the legislature. The amount appropriated shall be fully distributed by the department to sponsors of older Alaskans service programs in accordance with the provisions of AS 47.65.010 — 47.65.050. Sec. 47.65.020. Grants for community service programs. Not less than 60 percent of the amount appropriated by the legislature for older Alaskans service programs under AS 47.65.010 — 47.65.050 shall be allocated annually by the department as community program grants to sponsors of older Alaskans service programs. Payments shall be made on the basis of applications submitted to the department by sponsors of community programs. Sec. 47.65.030. Pilot project grants. (a) The balance of the amount appropriated for older Alaskans service programs under AS 47.65.010 — 47.65.050 not allocated under AS 47.65.020 shall be allocated annually by the department as grants to support pilot projects for the benefit of older Alaskans under this section. (b) The department shall adopt standards for pilot project grants and, after adoption of the standards as regulations, in accordance with AS 44.62 (Administrative Procedure Act), shall apply the standards to determine eligibility of applicants for pilot project grants. In awarding pilot project grants, the department shall (1) enter into agreements with the project sponsor to operate one or more of the selected pilot projects consistent with the standards adopted; (2) monitor and evaluate, in a written report, each pilot project; the report must include (A) a description of the project and of the persons served by it; (B) the problems presented by the persons served by the project; (C) a description of the problems most effectively handled by the project; and (D) an estimate of projected cost of operation of the project for the next three succeeding years. Sec. 47.65.040. Required contribution by sponsor. (a) Except as provided in (f) of this section, a sponsor receiving a grant under AS 47.65.010 — 47.65.050 shall contribute to the total cost of the program or project. The contribution may be in cash or in-kind services. The amount of the sponsor's required contribution is determined by the application of the following formula: average per capita full and true value of all property in the municipality or community in which the project or program takes place divided by the average per capita full and true value of all property in the state, and then multiplied by the contribution percentage to the estimated total program or project cost as determined by the department at the time of approval of a grant application. However, the amount of the sponsor's contribution may not amount to more than 10 percent of the total program or project cost. (b) For purposes of this section, (1) the contribution percentage for (A) a program or project in a municipality or community having a population of 5,000 or less is 10 percent of the total program or project cost; (B) a program or project in a municipality or community having a population of 5,001 to 10,000 is 20 percent of the total program or project cost; and (C) a program or project in a municipality or community having a population of more than 10,000 is 30 percent of the total program or project cost. (c) If an application is submitted for a program or project in a municipality or community for which no average per capita full and true property value determination has been made, (1) if the population of the municipality or community is 750 or more, the department shall request the state assessor to compute the average per capita full and true property value of that municipality or community and report it; (2) if the population is less than 750, the department may substitute for the average per capita full and true value of property in the municipality or community an amount equal to the average per capita full and true value of property in the smallest municipality for which that amount has been determined by the state assessor. (d) The required contribution rate of the sponsor may not exceed the contribution percentage established in (b) of this section. (e) The grant awarded by the department may not exceed the estimated total program or project cost as determined by the department less the contribution by the sponsor determined in accordance with this section. (f) When awarding a grant to support a pilot project under AS 47.65.010 — 47.65.050, the department may waive all or part of the sponsor contribution required under this section if waiver is in the public interest. The department shall adopt regulations establishing standards for granting waivers under this subsection. Sec. 47.65.050. Administrative requirements. (a) Payments received by a sponsor under AS 47.65.010 — 47.65.050 may be used only to meet costs of services that the department has determined directly benefit older Alaskans. A payment may not be made by the department under this section unless the department determines that the sponsor (1) meets accepted standards of fiscal accountability for public funds; (2) can demonstrate, when requested, the actual cost of services that it is providing for the benefit of older Alaskans; and (3) agrees to make available, upon request, all fiscal information relating to service for which payments are provided under AS 47.65.010 — 47.65.050. (b) The department may not make payments to a sponsor whose program includes family respite care services or home care services unless the sponsor has agreed to request criminal history record information as permitted by P.L. 105-277 and AS 12.62 for the individual who will provide the services within 10 business days after the individual is hired to provide the services and review the information within five business days after receiving it. Article 2. Adult Day Care and Family Respite Care. Sec. 47.65.100. Adult day care and family respite care. (a) In addition to administering grants for adult day care programs and family respite care services for older Alaskans under AS 47.65.010 — 47.65.050, the department may make grants under this section from funds otherwise available to it for adult day care programs and family respite care services for frail older persons and other similarly disabled adults. (b) In order to fund grants under this section, the department may seek and enter into contracts or grants with any party, including reimbursable service agreements with other state agencies. (c) The department shall, by regulation, set fees for services provided under this section. The fees must be based on a sliding scale formula that takes into account the client's income. (d) Fees established under (c) of this section may not exceed the cost of the service. A person may not be denied service based solely on inability to pay a fee established under this section. (e) The department may not award a grant under this section for family respite care services or for adult day care services that include home care services unless the grantee has agreed to request criminal history record information as permitted by P.L. 105-277 and AS 12.62 for the individual who will provide the services within 10 business days after the individual is hired to provide the services and review the information within five business days after receiving it. (f) In this section, (1) “frail older person” means a state resident who is at risk of institutional placement and (A) is age 55 or older; or (B) has Alzheimer's disease or a related disorder; (2) “similarly disabled adult” means a state resident who is 18 years of age or older who is at risk of institutional placement but who is not a frail older person or an older Alaskan. Article 3. General Provisions. Sec. 47.65.290. Definitions. In this chapter, (1) “adult day care” means nonresidential care for a group of persons that offers supervision, custodial care, and other appropriate social, indoor and outdoor recreational, physical, medical, or psychological services for persons at risk of institutional placement; (2) “at risk of institutional placement” means that a person is either already a resident of an adult foster home or is likely to need placement in a 24-hour care residential or nursing facility, not including a mental health hospital; (3) “department” means the Department of Health; (4) “family respite care” means intermittent and substitute care that provides relief for a family caregiver or adult foster home provider by providing intermittent care in the form of companionship, temporary supervision, and minor personal care to a person who is at risk of institutional placement; the service may be provided either in the home of the client or the caregiver, including in an adult foster care home if that is the client's residence; (5) “home care services” means homemaker services, chore services, personal care services, home health care services, or similar services in or around the residence of an older Alaskan or of a frail older person or similarly disabled adult, as defined in AS 47.65.100 ; (6) “older Alaskan” means a resident of Alaska who is 60 years of age and older; (7) “service program” means the following general categories of services to older Alaskans, including reasonable costs of administration: (A) nutritional programs; (B) volunteer programs; (C) adult day care programs and family respite care services; (D) health services; (E) housing services; (F) legal services and assistance; (G) home health and homemaker services; (H) counseling; (I) information and referral services; (J) programs which train persons to work with or assist older Alaskans; (K) transportation services; (L) educational activities; and (M) employment services; (8) “sponsor” means the provider of one or more service programs or pilot projects for the benefit of older Alaskans, including (A) a municipality of the state; (B) a nonprofit corporation organized under the laws of the state; and (C) an educational institution.