AS Title 47, Chapter 5: Administration of Welfare, Social Services, and Institutions

Chapter 05. Administration of Welfare, Social Services, and Institutions. Article 1. General Administrative Provisions. Sec. 47.05.010. Duties of Department of Health. The Department of Health shall (1) administer adult public assistance, the Alaska temporary assistance program, and all other assistance programs, and receive and spend money made available to it; (2) adopt regulations necessary for the conduct of its business and for carrying out federal and state laws granting adult public assistance, temporary cash assistance, diversion payments, or self-sufficiency services for needy families under the Alaska temporary assistance program, and other assistance; (3) establish minimum standards for personnel employed by the department and adopt necessary regulations to maintain those standards; (4) require those bonds and undertakings from persons employed by it that, in its judgment, are necessary, and pay the premiums on them; (5) cooperate with the federal government in matters of mutual concern pertaining to adult public assistance, the Alaska temporary assistance program, and other forms of public assistance; (6) make the reports, in the form and containing the information, that the federal government from time to time requires; (7) cooperate with the federal government in adopting state plans to make the state eligible for federal matching in appropriate categories of assistance, and in all matters of mutual concern, including adoption of the methods of administration that are found by the federal government to be necessary for the efficient operation of welfare programs; (8) adopt regulations, not inconsistent with law, defining need, prescribing the conditions of eligibility for assistance, and establishing standards for determining the amount of assistance that an eligible person is entitled to receive; the amount of the assistance is sufficient when, added to all other income and resources available to an individual, it provides the individual with a reasonable subsistence compatible with health and well-being; an individual who meets the requirements for eligibility for assistance shall be granted the assistance promptly upon application for it; (9) grant to a person claiming or receiving assistance and who is aggrieved because of the department's action or failure to act, reasonable notice and an opportunity for a fair hearing by the office of administrative hearings ( AS 44.64.010 ), and the department shall adopt regulations relative to this; (10) enter into reciprocal agreements with other states relative to public assistance that are considered advisable; (11) establish the requirements of residence for public assistance that are considered advisable, subject to the limitations of other laws of the state, or law or regulation imposed as conditions for federal financial participation; (12) establish the divisions and local offices that are considered necessary or expedient to carry out a duty or authority assigned to it and appoint and employ the assistants and personnel that are necessary to carry on the work of the divisions and offices, and fix the compensation of the assistants or employees, except that a person engaged in business as a retail vendor of general merchandise, or a member of the immediate family of a person who is so engaged, may not serve as an acting, temporary, or permanent local agent of the department, unless the commissioner of health certifies in writing to the governor, with relation to a particular community, that no other qualified person is available in the community to serve as local welfare agent; for the purposes of this paragraph, a “member of the immediate family” includes a spouse, child, parent, brother, sister, parent-in-law, brother-in-law, or sister-in-law; (13) provide education and health-related services and referrals designed to reduce the number of out-of-wedlock pregnancies and the number of induced pregnancy terminations in the state; (14) investigate reports of abuse, neglect, or misappropriation of property by certified nurse aides in facilities licensed by the department under AS 47.32 ; (15) establish state policy relating to and administer federal programs subject to state control as provided under 42 U.S.C. 3001 — 3058ee (Older Americans Act of 1965), as amended, and related federal regulations; (16) administer the older Alaskans service grants under AS 47.65.010 — 47.65.050 and the adult day care and family respite care grants under AS 47.65.100 ; (17) establish an electronic application process for all assistance programs administered by the department and allow an applicant to submit either a written or an electronic application; the electronic application must inform an applicant that a false statement made on the application will be investigated and is punishable under AS 11.56.210 ; in this paragraph, “electronic application” means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website. Sec. 47.05.012. Material incorporated by reference. Under AS 44.62.245 (a)(2), in adopting or amending a regulation that incorporates a document or other material by reference, the department may incorporate future amended versions of the document or other material if the document or other material is one of the following: (1) a document that is published, compiled, or prepared by the United States Department of Health and Human Services and is included in the following list: (A) the international classification of diseases, clinical modifications; (B) the common procedure coding system; (C) the specifications for national uniform billing data elements; (D) the federal poverty guidelines for the state; (E) the Indian Health Service encounter rates; or (F) the relative value units used in the Medicare program for determination of fee schedules; (2) the current procedural terminology for physicians published by the American Medical Association; (3) the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association; (4) the length of stay in hospitals by diagnosis and operation for the western region of the United States, published by Solucient; (5) the relative value guide published by the American Society of Anesthesiologists; (6) the consumer price index published by the United States Department of Labor; (7) the health plan employer data and information set published by the National Committee for Quality Assurance; (8) practice standards adopted by the American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Diabetes Association, American Cancer Society, American Academy of Family Physicians, American College of Physicians, United States Centers for Disease Control and Prevention, Agency for Healthcare Research and Quality, or the National Asthma Education and Prevention Program; (9) the compendium of animal rabies prevention and control published by the United States Centers for Disease Control and Prevention; (10) the control of communicable diseases manual published by the American Public Health Association; (11) the standards manual and interpretative guidelines for behavioral health, employment and community support services, and for medical rehabilitation published by the Commission on Accreditation of Rehabilitative Facilities; (12) consumer assessment of health plans published by the Agency for Health Care Policy and Research; (13) resources for optimal care of the injured patient published by the Committee on Trauma, American College of Surgeons; (14) a document related to a resuscitation protocol that is published, compiled, or prepared based on the recommendations from the International Liaison Committee on Resuscitation; (15) the preferred drug list adopted by the department under AS 47.07.065 (b); or (16) a prior authorization medications list under a state program permitted under 42 U.S.C. 1396r-8 (Title XIX, Social Security Act). Sec. 47.05.015. Contracts. (a) The department may contract with a person or local government for the delivery of services to be provided by the department under AS 47.05.010 if the commissioner determines the service will be provided at less cost to the state or will be provided in a more effective manner. (b) Services that may be provided by contract under this section include accepting applications for assistance, conducting interviews, making eligibility determinations, and issuing benefits, but do not include adoption of program standards or other matters involving the exercise of agency discretion. (c) A contract authorized under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). In awarding a contract under this section the department shall request proposals in accordance with regulations of the Department of Administration under AS 36.30 (State Procurement Code). (d) This section does not limit the authority provided by law for the department to contract for the delivery of services other than those provided under AS 47.05.010 . Sec. 47.05.017. Home care providers. (a) State money may not be used for a home care provider unless criminal history record information as permitted by P.L. 105-277 and AS 12.62 is requested for the provider within 10 business days after the provider is hired to provide the care and is reviewed within five business days after it is received. The department shall require the grantee or contractor to do the information request and review required under this subsection for a home care provider employed by a person who has a grant or contract from the department to provide home care services. (b) The department shall adopt regulations identifying actions that it will take, in addition to those otherwise required under AS 47.17 and AS 47.24 , when a report of harm is made under AS 47.17 or AS 47.24 that might relate to harm caused by actions or inactions of a public home care provider. The regulations must (1) address circumstances under which the department will, or will require a contractor or grantee to, reassign, suspend, or terminate a person alleged to have perpetrated harm; (2) include appropriate procedural safeguards to protect the due process rights of public home care providers who may be reassigned, suspended, or terminated under the circumstances described in (1) of this subsection; and (3) if the home care provider is a certified nurse aide, include procedures under which the department shall notify the Board of Nursing if the nurse aide is suspected of abuse, neglect, or misappropriation of property. (c) In this section, “public home care provider” means a person who is paid by the state, or by an entity that has contracted with the state or received a grant from state funds, to provide homemaker services, chore services, personal care services, home health care services, or similar services in or around a client's private residence or to provide respite care in either the client's residence or the caregiver's residence or facility. Sec. 47.05.020. Regulations concerning records; disclosure of information. (a) The power of the department to adopt regulations includes the power to adopt and enforce reasonable regulations governing the custody, use, and preservation of the records, papers, files, and communications of the department. The regulations must provide that financial information concerning an eligibility determination of a person applying for or receiving cash assistance, a diversion payment, or self-sufficiency services under the Alaska temporary assistance program shall be disclosed to a legislator on request of the legislator in connection with official purposes within the scope of the legislator's legislative functions and related to the administration of the program consistent with federal law. When, under the law, names and addresses of recipients of public assistance are furnished to or held by another agency or department of government, the agency or department of government shall adopt regulations necessary to prevent the publication of the lists or their use for purposes not directly connected with the administration of public assistance and legislative functions. A legislator to whom information relating to the Alaska temporary assistance program is disclosed under this section may not further disclose the information except to another legislator and then only in connection with official purposes within each legislator's legislative functions and related to the administration of the program consistent with federal law. (b) In addition to any access to public assistance records authorized under (a) of this section, the department shall provide a copy of a public assistance record prepared or maintained by or on behalf of the department to the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, upon the request of the respective agency. If the record is in an electronic data base, the department shall provide the requesting agency with either access to the data base, or a copy of the information in the data base and a statement certifying its contents. The agency receiving the information under this subsection may use the information only for child support purposes authorized under law. Sec. 47.05.030. Misuse of public assistance lists and records. (a) Except as provided in (b) and (c) of this section and for purposes directly connected with the administration of general assistance, adult public assistance, the child care assistance program authorized under AS 47.25.001 — 47.25.095, or the Alaska temporary assistance program, and in accordance with the regulations of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or information concerning, persons applying for or receiving the assistance directly or indirectly derived from the records, papers, files, or communications of the department or subdivisions or agencies of the department, or acquired in the course of the performance of official duties. (b) It is not a violation of (a) of this section for the department or an employee of the department to disclose to a legislator, or for a legislator to solicit, receive, or make use of, financial information concerning an eligibility determination of a person applying for or receiving cash assistance, a diversion payment, or self-sufficiency services under the Alaska temporary assistance program if the disclosure, solicitation, receipt, and use are for official purposes in connection with the legislator's official functions and related to the administration of the program consistent with federal law. Information provided to a legislator under this subsection shall remain confidential and may not be further disclosed except as provided in AS 47.05.020 . (c) It is not a violation of (a) of this section for the department or an employee of the department to disclose information to the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, if the receiving agency requests the information only for purposes authorized under AS 47.05.020 . Sec. 47.05.032. Disclosures to legislators. A legislator to whom confidential information is disclosed under AS 47.05.020 — 47.05.030 is not subject to a penalty for further disclosure of the information unless, at the time the information was provided to the legislator, the legislator was given written notification that the material was confidential. Sec. 47.05.040. Consent to conditions of federal programs. In order to take advantage of the training grants provisions of 42 U.S.C. 301 — 1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate fully in the training grants or other programs. Sec. 47.05.050. Cooperation with federal government. It is the public policy of the state to cooperate and coordinate with the United States government and its agencies in providing for and administering federal and state laws for adult public assistance and the other assistance that is provided for or extended to the people of the state. Sec. 47.05.055. Certified nurse aides. (a) If the department has reason to believe that a certified nurse aide employed in a facility licensed by the department under AS 47.32 as a hospital or nursing home has committed abuse, neglect, or misappropriation of property in connection with the person's duties as a certified nurse aide at the facility, the department shall investigate the matter. The department shall conduct proceedings to determine whether a finding of abuse, neglect, or misappropriation of property should be made. These proceedings shall be conducted under AS 44.62.330 — 44.62.630. A finding under this subsection that a certified nurse aide has committed abuse, neglect, or misappropriation of property shall be reported by the department to the Board of Nursing. (b) If the certified nurse aide is employed in a skilled nursing facility or nursing facility, other than an intermediate care facility for persons with intellectual and developmental disabilities, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the Board of Nursing, a finding that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide's employment at the facility. Sec. 47.05.070. Third party liability subrogation. (a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented with the claim. (b) When the department provides or pays for medical assistance for injury or illness under this title, the department is subrogated to not more than the part of an insurance payment or other recovery by the recipient that is for medical expenses provided by the department. Notwithstanding the assertion of any action or claim by the recipient of medical assistance, the department may bring an action in the superior court against an alleged third-party payor to recover an amount subrogated to the department for medical assistance provided on behalf of a recipient. (c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the claim to which the department is entitled under (b) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the subrogated claim for reimbursement of attorney fees shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters. (d) The department is authorized to enter into contracts for the collection of medical expenses already paid by Medicaid from potential third-party payors. The department may pay, from the funds recovered by the contractor, any amounts owing to the federal government as its share of the Medicaid paid claim, and the costs of collecting the funds. (e) [Repealed, § 9 ch 96 SLA 2006.] (f) The department may adopt regulations to interpret and implement this section. Sec. 47.05.071. Duty of a medical assistance recipient. (a) A medical assistance recipient shall cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program. (b) As a condition of medical assistance eligibility, a person who applies for medical assistance shall, at the time of application, (1) assign to the department the applicant's rights of payment for care and services from any third party to the extent the department has paid medical assistance for care and services; (2) cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program; and (3) agree to make application for all other available third-party resources that may be used to provide or pay for the cost of care or services received by the medical assistance recipient or that may be used to finance reimbursement to the state for the cost of care or services received by the medical assistance recipient; a medical assistance recipient is under no duty to file a civil or other action for the purpose of reimbursing the state for the cost of care or services. Sec. 47.05.072. Duty of attorney for medical assistance recipient. (a) An attorney representing a medical assistance recipient shall notify the attorney general's office. (b) The notice to the attorney general's office required under (a) of this section includes submission of the following: (1) identification of the medical assistance recipient's name, last known address, and telephone number, and the date of the injury or illness giving rise to the action or claim; (2) copies of the pleadings and other papers related to the action or claim; (3) the identification of each potentially liable third party, including that party's name, last known address, and telephone number; (4) the identification of any insurance policy potentially responsive to the action or claim; and (5) a description of the facts and circumstances supporting the action or claim. (c) An attorney who represents a medical assistance recipient shall give the attorney general's office notice within 30 days of any judgment, award, or settlement in an action or claim by the medical assistance recipient to recover damages for an injury or illness that has resulted in the department's providing or paying for medical assistance. (d) If a medical assistance recipient is handling the action or claim on a pro se basis, the provisions of this section apply as if the medical assistance recipient were an attorney representing the medical assistance recipient. Sec. 47.05.073. Judgment, award, or settlement of a medical assistance lien. (a) A medical assistance recipient may not maintain any rights to payment for medical costs as a result of a judgment, award, or settlement of an action or claim for which another person may be legally obligated to pay without first making repayment to the department for costs of past medical assistance services provided to or paid for on behalf of the medical assistance recipient that relate to that action or claim. (b) A medical assistance recipient may not place any payment as a result of a judgment, award, or settlement of an action or claim for which another person was legally obligated to pay because of injury or illness into any trust for the purpose of maintaining public assistance or medical assistance eligibility without first making repayment to the department for costs of past medical assistance services provided to the medical assistance recipient related to that action or claim. (c) The attorney general may only discharge a medical assistance lien under AS 47.05.075 if the discharge complies with federal law. (d) Notwithstanding (a) — (c) of this section, a third-party payor shall have no further liability if it settles or compromises a dispute in good faith and without knowledge that the individual is a recipient of medical assistance. Sec. 47.05.074. Conflict with federal requirements. If any provision of this chapter related to subrogation, assignment, or lien conflicts with federal law concerning the Medicaid program or receipt of federal money to finance the medical assistance program, the provision does not apply to the extent of the conflict. Sec. 47.05.075. Medical assistance lien. (a) The department has a lien upon any sum that may be due to the recipient of medical assistance from a third-party payor. The lien is in the amount of the medical assistance paid for medical services under this title, together with reasonable attorney fees and litigation costs incurred in the enforcement of the lien. (b) A lien against a sum due from a third-party payor for medical services provided to a recipient of medical assistance under this title attaches and is effective upon filing with a recorder's office in any recording district in the state. However, a lien filed under this subsection is not perfected and has no effect unless notice of filing of the lien is served by the department upon the third-party payor, personally or by registered, certified, or insured mail, return receipt requested. (c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the lien to which the department is entitled under (a) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the lien shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters. (d) A perfected lien under this section has priority over all other liens except tax liens and a lien perfected for attorney fees and costs. Sec. 47.05.080. Recovery of overpayments. (a) Except for overpayments recovered under AS 47.07 that cover the value of services paid from federal sources, benefit overpayments collected by the department in administering public assistance programs under AS 47.05.010 shall be remitted to the Department of Revenue under AS 37.10.050 (a). (b) The permanent fund dividend of a former recipient of a public assistance program listed under (a) of this section may be taken under AS 43.23.140 (b)(6) and 43.23.170 to satisfy the balance due on a defaulted overpayment claim. Sec. 47.05.085. Subpoena power. (a) The commissioner or the commissioner's designee at the director level may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with an investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 (assistance for catastrophic illnesses and acute or chronic medical conditions), AS 47.25 (child care assistance, child care grants, general relief, adult public assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program). (b) In case of refusal to obey a subpoena issued to any person under (a) of this section, the superior court may, upon application by the department, issue an order requiring the person to appear before the department to produce evidence if ordered. Failure to obey the order of the court is punishable as contempt. (c) A person who, without just cause, fails or refuses to produce books, papers, correspondence, memoranda, and other records, if it is in the person's power to do so, in obedience to a subpoena of the department or an authorized representative of it, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both. Each day the failure or refusal continues is a separate offense. Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and Medical Assistance. (a) The Department of Health and the Department of Family and Community services may cooperate and, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adoption and medical assistance under AS 47.07 and other provisions of this title for eligible children with special needs. (b) In this section, “state” includes a state, territory, possession, or commonwealth of the United States. Sec. 47.05.100. Monthly reports concerning children. [Repealed, E.O. No. 121 § 123 (2022).] Sec. 47.05.105. Enhanced computerized eligibility verification system. (a) The department shall establish an enhanced computerized income, asset, and identity eligibility verification system for the purposes of verifying eligibility, eliminating duplication of public assistance payments, and deterring waste and fraud in public assistance programs administered by the department under AS 47.05.010 . Nothing in this section prohibits the department from verifying eligibility for public assistance through additional procedures or authorizes the department or a third-party vendor to use data to verify eligibility for a federal program if the use of that data is prohibited by federal law. (b) The department shall enter into a competitively bid contract with a third-party vendor for the purpose of developing a system under this section to prevent fraud, misrepresentation, and inadequate documentation when determining an applicant's eligibility for public assistance before the payment of benefits and for periodically verifying eligibility between eligibility redeterminations and during eligibility redeterminations and reviews. The department may also contract with a third-party vendor to provide information to facilitate reviews of recipient eligibility and income verification. (c) The annual savings to the state resulting from the use of the system under this section must exceed the cost of implementing the system. A contract under this section must require the third-party vendor to report annual savings to the state realized from implementing the system. Payment to the third-party vendor may be based on a fee for each applicant and may include incentives for achieving a rate of success established by the department for identifying duplication, waste, and fraud in public assistance programs. (d) To avoid a conflict of interest, the department may not award a contract to provide services for the enrollment of public assistance providers or applicants under this title to a vendor that is awarded a contract under this section. Sec. 47.05.110. Alaska Tribal Child Welfare Compact. The state may participate in a tribal child welfare compact with Alaska tribes and tribal organizations for the administration of child welfare services by the tribes or tribal organizations. The compact is a written agreement between the state and Alaska tribes and tribal organizations that affirms the government-to-government relationship between the state and tribes. Sec. 47.05.115. Access to identifiable health information. Notwithstanding a contrary provision of law, the Department of Health and the Department of Family and Community Services shall share identifiable health information, regardless of the confidential nature of the information, between and within the departments as necessary to enable administration or operation of the sending or receiving department. Information shared in accordance with this section shall be acquired, used, disclosed, and stored in a confidential manner that safeguards the security of the information in a physically, administratively, and technologically secure environment. In this section, “identifiable health information” has the meaning given in AS 18.15.395 . Sec. 47.05.190. Definitions. In AS 47.05.010 - 47.05.190, (1) “commissioner” means the commissioner of the Department of Health; (2) “department” means the Department of Health. Article 2. Oversight of Medical Care Programs. Sec. 47.05.200. Annual audits. (a) The department shall annually contract for independent audits of a statewide sample of all medical assistance providers in order to identify overpayments and violations of criminal statutes. The audits conducted under this section may not be conducted by the department or employees of the department. The number of audits under this section may not be less than 50 each year. The audits under this section must include both on-site audits and desk audits and must be of a variety of provider types. The department may not award a contract under this subsection to an organization that does not retain persons with a significant level of expertise and recent professional practice in the general areas of standard accounting principles and financial auditing and in the specific areas of medical records review, investigative research, and Alaska health care criminal law. The contractor, in consultation with the commissioner, shall select the providers to be audited and decide the ratio of desk audits and on-site audits to the total number selected. In identifying providers who are subject to an audit under this section, the department shall attempt to minimize concurrent state or federal audits. (b) Within 90 days after receiving each audit report from an audit conducted under this section, the department shall begin administrative procedures to recoup overpayments identified in the audits and shall allocate the reasonable and necessary financial and human resources to ensure prompt recovery of overpayments unless the attorney general has advised the commissioner in writing that a criminal investigation of an audited provider has been or is about to be undertaken, in which case, the commissioner shall hold the administrative procedure in abeyance until a final charging decision by the attorney general has been made. The commissioner shall provide copies of all audit reports to the attorney general so that the reports can be screened for the purpose of bringing criminal charges. The department may assess interest and penalties on any identified overpayment. Interest under this subsection shall be calculated using the statutory rates for postjudgment interest accruing from the date of the issuance of the final agency decision to recoup overpayments identified in the audit. In this subsection, the date of issuance of the final agency decision is the later of the date of (1) the department's written notification of the decision and the provider's appeal rights; or (2) if timely appealed by the provider, a final agency decision under AS 44.64.060 . (c) Each fiscal year, the state's share of recovered overpayments obtained because of the required contract audits under this section shall be deposited with the commissioner of revenue under AS 37.10.050 and separately accounted for by the commissioner of administration under AS 37.05.142 . The legislature may appropriate a portion of the estimated balance in the account to the department to pay for the annual audits described in this section. (d) As a condition of obtaining payment under AS 47.07 and AS 47.08 and for purposes of this section, a provider shall allow (1) the department reasonable access to the records of medical assistance recipients and providers; and (2) audit and inspection of the records by state and federal agencies. (e) This section does not preclude the department from performing audits that are allowed or required under other laws. Sec. 47.05.210. Medical assistance fraud. (a) A person commits the crime of medical assistance fraud if the person (1) knowingly submits or authorizes the submission of a claim to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit; (2) knowingly prepares or assists another person to prepare a claim for submission to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit; (3) except as otherwise authorized under the medical assistance program, confers, offers to confer, solicits, agrees to accept, or accepts property, services, or a benefit (A) to refer a medical assistance recipient to a health care provider; or (B) for providing health care to a medical assistance recipient if the property, services, or benefit is in addition to payment by a medical assistance agency; (4) does not produce medical assistance records to a person authorized to request the records; (5) knowingly makes a false entry in or falsely alters a medical assistance record; (6) knowingly destroys, mutilates, suppresses, conceals, removes, or otherwise impairs the verity, legibility, or availability of a medical assistance record knowing that the person lacks the authority to do so; or (7) violates a provision of AS 47.07 or AS 47.08 or a regulation adopted under AS 47.07 or AS 47.08 . (b) Medical assistance fraud under (a)(1), (2), or (3) of this section is (1) a class B felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $25,000 or more; (2) a class C felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $500 or more but less than $25,000; (3) a class A misdemeanor if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is less than $500. (c) Medical assistance fraud under (a)(4), (5), or (6) of this section is a class A misdemeanor. (d) Medical assistance fraud under (a)(7) of this section is a class B misdemeanor. Sec. 47.05.220. Notice of charges. Upon the filing of a complaint, information, presentment, or indictment charging a medical assistance provider with a crime under AS 47.05.210 , the attorney general shall, in writing, notify the commissioner of the filing. Upon receiving notice from the attorney general under this section, the commissioner shall immediately undertake a review of all unpaid claims or requests for reimbursements attributable to services claimed to have been provided by the person charged. Sec. 47.05.230. Determination of value; aggregation of amounts. In AS 47.05.210 , whenever it is necessary to determine the value of property, that value shall be determined in accordance with AS 11.46.980 . In determining the degree or classification of a crime described under AS 47.05.210 , amounts involved in criminal acts committed under one course of conduct, whether from the same person or several persons, shall be aggregated. Sec. 47.05.235. Duty to identify and repay self-identified overpayments. (a) Unless a provider is being audited under AS 47.05.200 (a), an enrolled medical assistance provider shall conduct a biennial review or audit of a statistically valid sample of claims submitted to the department for reimbursement. If overpayments are identified, the medical assistance provider shall report the overpayment to the department not later than 10 business days after identification of the overpayment. The report must also identify how the medical assistance provider intends to repay the department. After the department receives the report, the medical assistance provider and the department shall enter into an agreement establishing a schedule for repayment of the identified overpayment. The agreement may authorize repayment in a lump sum, in a payment plan, or by offsetting future billings, as approved by the department. (b) The department may not assess interest or penalties on an overpayment identified and repaid by a medical assistance provider under this section. Sec. 47.05.240. Exclusion from medical assistance programs. (a) The commissioner may exclude an applicant to or disenroll a medical assistance provider in the medical assistance program in AS 47.07 or AS 47.08 , or both, for a period of up to 10 years after unconditional discharge on a conviction (1) for medical assistance fraud under AS 47.05.210 or misconduct involving a controlled substance under AS 11.71 ; or (2) in a court of the United States or a court of another state or territory, for a crime with elements similar to the crimes included under (1) of this subsection. (b) After a period of exclusion under (a) of this section, an applicant may not participate in a medical assistance program under AS 47.07 or AS 47.08 until the applicant establishes to the commissioner by clear and convincing evidence that the applicant possesses all required licenses and certificates and is qualified to participate. Sec. 47.05.250. Civil penalties. (a) The department may assess a civil penalty against a provider who violates this chapter, AS 47.07 , or regulations adopted under this chapter or AS 47.07 . (b) The department shall adopt regulations establishing a range of civil penalties that the department may assess against a provider under this section. In establishing the range of civil penalties, the department shall take into account appropriate factors, including the seriousness of the violation, the service provided by the provider, and the severity of the penalty. The regulations may not provide for a civil penalty of less than $100 or more than $25,000 for each violation. (c) The provisions of this section are in addition to any other remedies available under this chapter, AS 47.07 , or regulations adopted under this chapter or AS 47.07 . (d) A provider against whom a civil penalty of less than $2,500 is assessed may appeal the decision assessing the penalty to the commissioner or the commissioner's designee. The commissioner shall, by regulation, establish time limits and procedures for an appeal under this subsection. The decision of the commissioner or the commissioner's designee may be appealed to the office of administrative hearings established under AS 44.64 . (e) A provider against whom a civil penalty of $2,500 or more is assessed may appeal the decision assessing the penalty to the office of administrative hearings established under AS 44.64 . Sec. 47.05.270. Medical assistance reform program. (a) The department shall adopt regulations to design and implement a program for reforming the state medical assistance program under AS 47.07 . The reform program must include (1) referrals to community and social support services, including career and education training services available through the Department of Labor and Workforce Development under AS 23.15 , the University of Alaska, or other sources; (2) electronic distribution of an explanation of medical assistance benefits to recipients for health care services received under the program; (3) expanding the use of telehealth for primary care, behavioral health, and urgent care; (4) enhancing fraud prevention, detection, and enforcement; (5) reducing the cost of behavioral health, senior, and disabilities services provided to recipients of medical assistance under the state's home and community-based services waiver under AS 47.07.045 ; (6) pharmacy initiatives; (7) enhanced care management; (8) redesigning the payment process by implementing fee agreements that include one or more of the following: (A) premium payments for centers of excellence; (B) penalties for hospital-acquired infections, readmissions, and outcome failures; (C) bundled payments for specific episodes of care; or (D) global payments for contracted payers, primary care managers, and case managers for a recipient or for care related to a specific diagnosis; (9) stakeholder involvement in setting annual targets for quality and cost-effectiveness; (10) to the extent consistent with federal law, reducing travel costs by requiring a recipient to obtain medical services in the recipient's home community, to the extent appropriate services are available in the recipient's home community; (11) guidelines for health care providers to develop health care delivery models supported by evidence-based practices that encourage wellness and disease prevention. (b) The department shall, in coordination with the Alaska Mental Health Trust Authority, efficiently manage a comprehensive and integrated behavioral health program that uses evidence-based, data-driven practices to achieve positive outcomes for people with mental health or substance abuse disorders and children with severe emotional disturbances. The goal of the program is to assist recipients of services under the program to recover by achieving the highest level of autonomy with the least dependence on state-funded services possible for each person. The program must include (1) a plan for providing a continuum of community-based services to address housing, employment, criminal justice, and other relevant issues; (2) services from a wide array of providers and disciplines, including licensed or certified mental health and primary care professionals; and (3) efforts to reduce operational barriers that fragment services, minimize administrative burdens, and reduce the effectiveness and efficiency of the program. (c) The department shall identify the areas of the state where improvements in access to telehealth would be most effective in reducing the costs of medical assistance and improving access to health care services for medical assistance recipients. The department shall make efforts to improve access to telehealth for recipients in those locations. The department may enter into agreements with Indian Health Service providers, if necessary, to improve access by medical assistance recipients to telehealth facilities and equipment. (d) On or before November 15 of each year, the department shall prepare a report and submit the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available. The report must include (1) realized cost savings related to reform efforts under this section; (2) realized cost savings related to medical assistance reform efforts undertaken by the department other than the reform efforts described in this section; (3) a statement of whether the department has met annual targets for quality and cost-effectiveness; (4) recommendations for legislative or budgetary changes related to medical assistance reforms during the next fiscal year; (5) changes in federal laws that the department expects will result in a cost or savings to the state of more than $1,000,000; (6) a description of any medical assistance grants, options, or waivers the department applied for in the previous fiscal year; (7) the results of demonstration projects the department has implemented; (8) legal and technological barriers to the expanded use of telehealth, improvements in the use of telehealth in the state, and recommendations for changes or investments that would allow cost-effective expansion of telehealth; (9) the percentage decrease in costs of travel for medical assistance recipients compared to the previous fiscal year; (10) the percentage decrease in the number of medical assistance recipients identified as frequent users of emergency departments compared to the previous fiscal year; (11) the percentage increase or decrease in the number of hospital readmissions within 30 days after a hospital stay for medical assistance recipients compared to the previous fiscal year; (12) the percentage increase or decrease in state general fund spending for the average medical assistance recipient compared to the previous fiscal year;

(13) the percentage increase or decrease in uncompensated care costs incurred by medical assistance providers compared to the percentage change in private health insurance premiums for individual and small group health insurance; (14) the cost, in state and federal funds, for providing optional services under AS 47.07.030 (b); (15) the amount of state funds saved as a result of implementing changes in federal policy authorizing 100 percent federal funding for services provided to American Indian and Alaska Native individuals eligible for Medicaid, and the estimated savings in state funds that could have been achieved if the department had fully implemented the changes in policy. (e) In this section, “telehealth” means the practice of health care delivery, evaluation, diagnosis, consultation, or treatment, using the transfer of health care data through audio, visual, or data communications, performed over two or more locations between providers who are physically separated from the recipient or from each other or between a provider and a recipient who are physically separated from each other. Sec. 47.05.290. Definitions. In AS 47.05.200 — 47.05.290, (1) “benefit” has the meaning given in AS 11.81.900 ; (2) “claim” includes a request for payment for medical assistance services under applicable state or federal law or regulations, whether the request is in an electronic format or paper format or both; (3) “commissioner” means the commissioner of health; (4) “department” means the Department of Health; (5) “falsely alters” has the meaning given in AS 11.46.580 ; (6) “knowingly” has the meaning given in AS 11.81.900 ; (7) “makes a false entry” has the meaning given in AS 11.56.820 ; (8) “medical assistance agency” means the department, an agency of the department, and an agent, contractor, or designee of the department or of one of its agencies that performs one or more of the activities of the department or an agency of the department; (9) “medical assistance program” means a program under AS 47.07 or AS 47.08 ; (10) “medical assistance provider” or “provider” means a person or organization that provides, attempts to provide, or claims to have provided services or products to a medical assistance recipient that may qualify for reimbursement under AS 47.07 or AS 47.08 or a person or organization that participates in or has applied to participate in a medical assistance program as a supplier of a service or product; (11) “medical assistance recipient” means a person on whose behalf another claims or receives a payment from a medical assistance agency, without regard to whether the individual was eligible for benefits under a medical assistance program; (12) “medical assistance record” means records required to be kept by state or federal law or regulation regarding claims to a medical assistance agency; (13) “organization” has the meaning given in AS 11.81.900 ; (14) “person” has the meaning given in AS 11.81.900 ; (15) “property” has the meaning given in AS 11.81.900 ; (16) “reckless disregard” means acting recklessly, as that term is defined in AS 11.81.900 ; (17) “services” or “medical assistance services” means a health care benefit that may qualify for reimbursement under AS 47.07 or AS 47.08 , including health care benefits provided, attempted to be provided, or claimed to have been provided to another, by a medical assistance provider, or “services” as defined in AS 11.81.900 ; (18) “unconditional discharge” has the meaning given in AS 12.55.185 . Article 3. Criminal and Civil History. Sec. 47.05.300. Applicability. (a) The provisions of AS 47.05.310 — 47.05.390 apply to any individual or entity that is required by statute or regulation to be licensed or certified or that is eligible to receive payments, in whole or in part, from the Department of Health or the Department of Family and Community Services to provide for the health, safety, and welfare of persons who are served by the programs administered by those departments. (b) Those individual service providers subject to AS 47.05.310 — 47.05.390 under (a) of this section include (1) public home care providers described in AS 47.05.017 ; (2) providers of home and community-based waiver services financed under AS 47.07.030 (c); and (3) case managers to coordinate community mental health services under AS 47.30.530 . Sec. 47.05.310. Criminal history; criminal history check; compliance. (a) If an individual has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the standards for licensure or certification established by the department with licensing or certification authority for the individual by regulation, that individual may not own an entity, or be an officer, director, partner, member, or principal of the business organization that owns an entity. In addition, an entity may not (1) allow that individual to operate the entity; (2) hire or retain that individual at the entity as an employee, independent contractor, or unsupervised volunteer of the entity; (3) allow that individual to reside in the entity if not a recipient of services; or (4) allow that individual to be present in the entity if the individual would have regular contact with individuals who receive services from the entity, unless that individual is a family member of or visitor of an individual who receives services from the entity. (b) The department with licensing or certification authority for an entity or individual may not issue or renew a license or a certification for an entity or an individual that is in violation of (a) of this section or that would be in violation based on the information received as part of the application process. (c) [Repealed, § 25 ch 69 SLA 2018.] (d) An entity or an individual shall provide to the department with licensing or certification authority for the entity or individual a release of information authorization for a criminal history check under this section for each individual who is not a recipient of services from the entity, who is not in the custody of the applicable department, and, after the entity applies for or has been issued a license, license renewal, certification, or certification renewal by the applicable department, (1) who intends to become an owner of the entity, or an officer, director, partner, member, or principal of the business organization that owns the entity; (2) whom the entity intends to hire or retain as the operator of the entity's business; (3) whom the entity intends to hire or retain as an employee, independent contractor, or unsupervised volunteer of the entity; or (4) who will be present in the entity or at the places of operation of the entity, and would have regular contact with individuals who receive services from the entity, but who is not a family member or visitor of an individual who receives services from the entity. (e) An individual for whom a release of information authorization has been provided to the department with licensing or certification authority for the individual shall submit the individual's fingerprints to that department, with the fee established under AS 12.62.160 , for a report of criminal justice information under AS 12.62 and for submission by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The Department of Public Safety shall provide the report of criminal justice information and the results of the national criminal history record check to the applicable department for its use in considering an application for a license, license renewal, certification, or certification renewal, or in considering other approval or selection regarding an entity or individual, for compliance with the standards established in this section. The department with licensing or certification authority for the individual may waive the requirement for fingerprint submission if an individual is unable to provide fingerprints due to a medical or physical condition that is documented by a licensed physician. (f) The provisions of this section do not apply if the department with licensing or certification authority for the individual or entity grants an exception from a requirement of (a) — (e) of this section under a regulation adopted by that department or if the department with licensing or certification authority for the individual or entity grants a variance under AS 47.05.360 . (g) The Department of Health and the Department of Family and Community Services shall adopt regulations listing those criminal offenses that are inconsistent with the standards for licensure or certification by each department. (h) For purposes of this section, in place of nonissuance or nonrenewal of a license or certification, an entity or individual that is not required to be licensed or certified by either department or a person wishing to become an entity or individual that is not required to be licensed or certified by either department is ineligible to receive a payment, in whole or in part, from the applicable department to provide for the health, safety, and welfare of persons who are served by the programs administered by that department if the entity or individual is in violation of this section or would be in violation of this section based on information received by the applicable department as part of an application, approval, or selection process. (i) [Repealed, § 25 ch 69 SLA 2018.] (j) An individual who possesses a valid teacher certificate issued under AS 14.20.015 — 14.20.025 and applies to work at a facility licensed or certified by the Department of Education and Early Development or who applies to work in a child care facility or residential child care facility in a position as a certificated teacher with supervised access may request that the individual's criminal justice information and national criminal history record check on file with the Department of Education and Early Development be used to satisfy the requirements of (d) and (e) of this section. (k) A person is presumed to be acting in good faith and is immune from civil or criminal liability if the person (1) makes a report of medical assistance fraud, abuse, neglect, or exploitation; (2) submits information to a civil history database identified under AS 47.05.330 ; or (3) fails to hire or retain an employee or unsupervised volunteer because the employee or unsupervised volunteer is included in a civil history database identified under AS 47.05.330 . (l) The Department of Family and Community Services may issue or renew a foster home license under AS 47.32 or provide payments under AS 47.14.100 (b) or (d) to an entity, individual service provider, or person if the applicant or a person who resides in the home is barred from licensure or payment under (c), (i)(2), or (i)(3) of this section and (1) a person in the home is an adult family member or family friend of a child in the custody or supervision of the state under AS 47.10 ; (2) the Department of Family and Community Services finds that placing the child with the entity, individual service provider, or person is in the best interests of the child; and (3) the conduct that is the basis of the finding under (c), (i)(2), or (i)(3) of this section occurred at least 10 years before the date the Department of Family and Community Services receives the application for licensure or renewal or makes a payment to the entity, individual service provider, or person. (m) In this section, (1) “adult family member” has the meaning given in AS 47.10.990 ; (2) “child care facility” has the meaning given in AS 47.25.095 ; (3) “foster home” has the meaning given in AS 47.32.900 ; (4) “residential child care facility” has the meaning given in AS 47.32.900 ; (5) “supervised access” means that a supervisor maintains a prudent level of awareness of the whereabouts of the individual for whom supervised access is required to ensure the protection of recipients of services. Sec. 47.05.320. Criminal history use standards. The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual service provider of the criminal history of an individual obtained under AS 47.05.310 . Sec. 47.05.325. Civil history; civil history check; compliance. (a) The Department of Health and the Department of Family and Community Services shall establish by regulation civil history standards for denial of issuance or renewal of a license or certification for an individual or for an entity within that department's licensing or certification authority if the individual who is applying for a license, license renewal, certification, or certification renewal is (1) a biological or adoptive parent, guardian, custodian, or Indian custodian of a child who is or was the subject of a child-in-need-of-aid petition under AS 47.10 and the individual had custody of the child at the time the child was the subject of a petition; or (2) the subject of a finding or circumstance described in AS 47.05.330 (a). (b) If an individual is the subject of a petition or finding or circumstance described in (a) of this section, or a substantially similar provision in another jurisdiction, the individual may not own an entity or be an officer, director, partner, member, employee, or principal of the business organization that owns an entity. In addition, an entity may not (1) allow that individual to operate the entity; (2) hire or retain that individual at the entity as an employee, independent contractor, or unsupervised volunteer of the entity; (3) allow that individual to reside in the entity, unless that individual receives services from the entity or is in the custody of the state; or (4) allow that individual to be present in the entity if the individual would have regular contact with individuals who receive services from the entity, unless that individual is a family member of or visitor of an individual who receives services from the entity. (c) An entity or an individual shall provide to the department with licensing or certification authority for that entity or individual a release of information authorization for a civil history check under this section for each individual who is not a recipient of services from the entity, who is not in the custody of the applicable department, and, after the entity applies for or has been issued a license, license renewal, certification, or certification renewal by the applicable department, (1) who intends to become an owner of the entity, or an officer, director, partner, member, or principal of the business organization that owns the entity; (2) whom the entity intends to hire or retain as the operator of the entity's business; (3) whom the entity intends to hire or retain as an employee, independent contractor, or unsupervised volunteer of the entity; or (4) who will be present in the entity or at the places of operation of the entity, and would have regular contact with individuals who receive services from the entity, but who is not a family member of or visitor of an individual who receives services from the entity. (d) For purposes of this section, in place of nonissuance or nonrenewal of a license or certification, an entity or individual that is not required to be licensed or certified by either department or a person wishing to become an entity or individual that is not required to be licensed or certified by either department is instead ineligible to receive a payment, in whole or in part, from the applicable department to provide for the health, safety, and welfare of persons who are served by the programs administered by that department if the entity or individual is in violation of this section or would be in violation of this section based on information received by the applicable department as part of an application, approval, or selection process. (e) The Department of Health and the Department of Family and Community Services shall by regulation identify other governmental agencies or political subdivisions of the state that can request from that department information that is required under this section for a similar purpose. (f) The provisions of this section do not apply if the applicable department grants an exception from the requirements of (a) or (b) of this section under a regulation adopted by that department or if that department grants a variance under AS 47.05.360 . (g) A person is presumed to be acting in good faith and is immune from civil and criminal liability if the person (1) makes a report of medical assistance fraud, abuse, neglect, or exploitation; (2) submits information to a civil history database identified under AS 47.05.330 ; or (3) fails to hire or retain an employee or unsupervised volunteer because the employee or unsupervised volunteer is included in a civil history database identified under AS 47.05.330 . (h) The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual of the civil history of an individual obtained under this section. Sec. 47.05.330. Identification of civil history databases for a civil history check; confidentiality. (a) The Department of Health and the Department of Family and Community Services shall by regulation identify each database that department will review when conducting a civil history check under AS 47.05.325 to identify each individual (1) whom a court or the applicable department has found (A) to have committed abuse, neglect, undue influence, or exploitation of a vulnerable adult; (B) under AS 47.32 or regulations adopted under AS 47.32 , to have significantly adversely affected the health, safety, or welfare of an individual who is receiving a service from an entity licensed under AS 47.32 ; a finding described in this subparagraph includes a decision to revoke, suspend, or deny a license or license renewal, or the relinquishment of a license as part of a settlement agreement; (2) who has been subject to criminal or civil penalties for a violation of AS 09.58 , AS 47.05 , AS 47.06 , AS 47.07 , AS 47.08 , or regulations adopted under AS 09.58 , AS 47.05 , AS 47.06 , AS 47.07 , or AS 47.08 ; (3) about whom the applicable department or a court has made a substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14 ; (4) who was a biological or adoptive parent, guardian, custodian, or Indian custodian of a child at the time the child was the subject of a child-in-need-of-aid petition under AS 47.10 ; (5) who, in the course of employment with the state, has been terminated from employment or has had an allegation of assaultive, abusive, neglectful, or exploitive behavior or actions substantiated; (6) who, in this state or another jurisdiction, for reasons related to abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent with standards for the protection of public health, safety, or welfare, has had a professional license, certification, or similar professional designation revoked, suspended, or denied, or has had a request for renewal of a professional license, certification, or similar professional designation denied; (7) whom another state or jurisdiction has identified on a civil registry or database substantially similar to the databases identified under this section for reasons substantially similar to the reasons identified in (1) — (6) of this subsection. (b) The information gathered under this section is not a public record under AS 40.25.110 and is not subject to public inspection or copying under AS 40.25.110 — 40.25.125. However, information gathered under this section may be released to an entity, an individual who is included in a database, a governmental agency, and a political subdivision of the state in a manner provided under this section and regulations adopted under this chapter. Sec. 47.05.340. Regulations. The Department of Health and the Department of Family and Community Services shall adopt regulations to implement AS 47.05.300 — 47.05.390 for the entities and individuals for which that department has licensing or certification authority. Sec. 47.05.350. Use of information; immunity. An entity that obtains information about an employee under a criminal history check under AS 47.05.310 or a civil history check under AS 47.05.325 may use that information only as provided for in regulations adopted by the department with licensing or certification authority for that entity under this chapter. However, if an entity reasonably relies on the information provided under the regulations adopted by the applicable department to deny employment to an individual who was selected for hire as an employee, including during a period of provisional employment, the entity is not liable in an action brought by the individual based on the employment determination resulting from the information. Sec. 47.05.360. Variance request; final decision. (a) An individual or entity subject to the provisions of AS 47.05.310 or 47.05.325 may request a variance from the provisions of AS 47.05.310 or 47.05.325 under procedures established by the department with licensing or certification authority for that individual or entity by regulation. The procedures must include the establishment of a variance committee to consider requests for variances. A request for a variance may include a request that the applicable department issue a written explanation of incorrect information contained in the civil history databases identified under AS 47.05.330 . (b) An individual or entity that is dissatisfied with a decision by a variance committee may, not more than 30 days after the committee issues the decision, apply to the commissioner of the department with licensing or certification authority for that individual or entity for reconsideration of the decision. A determination by the applicable commissioner is a final agency decision for purposes of appeal to the superior court. (c) The department with licensing or certification authority for that individual or entity shall disclose information and records pertaining to a child subject to AS 47.10 or AS 47.17 to a variance committee as provided under AS 47.10.093 (b). Sec. 47.05.390. Definitions. In AS 47.05.300 — 47.05.390, unless the context otherwise requires, (1) “criminal justice information” has the meaning given in AS 12.62.900 ; (2) “entity” means an entity listed in AS 47.32.010 (b) or (c) or an individual service provider as described in AS 47.05.300 and includes an owner, officer, director, member, or partner of the entity; (3) “individual service provider” means an individual described in AS 47.05.300 (a), and includes those listed in AS 47.05.300 (b); (4) “license” includes a provisional license; (5) “unsupervised” means that an individual who is licensed under AS 47.32 , after submitting a criminal history background check, is not physically present to observe the volunteer at the entity.