(a) A patient or the patient’s legal representative may appeal a denial of assistance by sending written notice of objection to the department within 30 days after the date of the notice of denial. The written notice of objection must include an explanation of the reasons for the objection and may include documentation supporting the objection. Alaska Stat. Chapter 44.62 (Administrative Procedure Act) does not apply to the appeal.
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Terms Used In Alaska Statutes 47.31.035

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • commissioner: means the commissioner of family and community services. See Alaska Statutes 47.31.100
  • department: means the Department of Family and Community Services. See Alaska Statutes 47.31.100
  • designated treatment facility: has the meaning given in Alaska Stat. See Alaska Statutes 47.31.100
  • evaluation facility: means a health care facility that has been designated by the department to perform the evaluations described in Alaska Stat. See Alaska Statutes 47.31.100
(b) The commissioner or the commissioner’s designee shall review the notice of objection and issue a decision within 90 days after its receipt. The commissioner or the commissioner’s designee may request additional information on the appeal from either the patient, the evaluation facility or designated treatment facility, or department staff. A request for additional information suspends the time period for the appeal until the department determines that the additional information has been received. If more than 180 days have passed from the date of submission of a notice of appeal and the additional information requested by the commissioner or the commissioner’s designee has not been received from a patient, the evaluation facility, the designated treatment facility, or the department, the appeal shall be considered denied.
(c) The decision on the appeal under (b) of this section, including an appeal denied for failure to submit additional information, is a final agency decision and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.
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