(a) The department will deny an application
to renew certification of, will suspend certification of, or will decertify and
disenroll a personal care services agency as a provider for the
consumer-directed or agency-based program
(1)
if the agency does not submit an application for renewal in accordance with or
meet the requirements of
7
AAC 125.060(a);
(2) if the agency does not meet the
requirements in the
Personal Care Services and Community First Choice
Personal Care Services Provider Conditions of Participation, adopted
by reference in
7
AAC 160.900;
(3) if the agency does not meet the
requirements of
7
AAC 125.010 -
7
AAC 125.199;
(4) for grounds and under procedures set out
in 7 AAC 105.400 -
7
AAC 105.490;
(5) if the agency no longer qualifies for
certification under 7 AAC 105 - 7 AAC 160;
(6) if the department determines under
7
AAC 10.900 -
7
AAC 10.990 (barrier crimes and conditions; background
checks) that a barrier crime or condition exists with respect to a personal
care assistant or revokes a background check under
7
AAC 10.945, and the personal care services agency does
not terminate association with the individual in accordance with
7
AAC 10.960, unless the department grants a
redetermination under
7
AAC 10.927 or grants a variance under
7
AAC 10.930 and
7
AAC 10.935;
(7) for a reason stated in
7
AAC 125.060(e); or
(8) if the department determines a personal
care services agency misrepresented the recipient's physical condition, or need
for personal care services, for the purpose of obtaining personal care services
for activities the recipient is able to perform or for which the recipient does
not qualify.
(b) If the
department denies an application to renew certification, or suspends
certification of a provider, the department will send, not later than 14
business days after the decision, written notice of the action and information
regarding the provider's right to appeal the decision under AS 44.64.
(c) Instead of decertification or suspension,
the department may
(1) notify the provider of
the department's findings that form the basis for possible decertification or
suspension;
(2) specify a date on
or before which the provider must submit a written corrective action plan that
includes the method by which the provider will verify compliance and the
expected dates of compliance;
(3)
approve, or require revision of, the corrective action plan as written or
specify other dates for compliance; and
(4) monitor the provider's progress toward
meeting the requirements of the corrective action plan; if the provider does
not meet the requirements of the corrective action plan on or before the date
compliance is required, the department may decertify or suspend the provider as
set out under (a) of this section.
(d) Notwithstanding the provisions of this
section, if the department has reasonable cause to believe that the health,
safety, or welfare of a recipient is at risk, the department may immediately
suspend or revoke a provider's certification. If immediate suspension or
revocation occurs, the department will
(1)
give to the provider initial notice
(A) by
oral or written means, of the suspension or revocation of certification,
including information regarding the right to appeal under AS 44.64;
or
(B) if no one is present to
receive the initial notice, by posting the initial notice on the main entrance
to the building in which the provider agency is located;
and
(2) not later than 14
business days after the date of the suspension or revocation of certification,
issue a formal report that includes information related to the action taken,
the reason for the action, and the right to appeal the decision under AS
44.64.
