(a) An assisted living home may not take retaliatory action against a resident of that home if the resident or the resident’s representative

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Terms Used In Alaska Statutes 47.33.350

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Contract: A legal written agreement that becomes binding when signed.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) exercises a right provided by this chapter or by other law;
(2) appears as a witness, or refuses to appear as a witness, in an adjudicatory proceeding regarding the home;
(3) files a civil action alleging a violation of this chapter; or
(4) claims a violation of this chapter before a state or federal agency having jurisdiction over the home or its employees.
(b) Termination of a resident’s residential services contract by an assisted living home within 60 days after the resident engages in an activity described in (a) of this section creates a rebuttable presumption that the termination was retaliatory.
(c) At the time, or before, a person begins residency in an assisted living home, the home shall give the resident and the resident’s representative, if any, written notice of the protection from retaliation provided under this section.
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