(a) To be employed as a personal care
assistant in either the consumer-directed program or the agency-based program,
a personal care assistant
(1) must be at
least 18 years of age;
(2) must
comply with the requirements of
7
AAC 125.010 - 7AAC 125.199;
(3) must be associated with a personal care
services agency certified in accordance with
7
AAC 125.060;
(4) must be individually enrolled with the
department under 7 AAC 105.205(b) and
7
AAC 105.210;
(5) may not be determined as described in (c)
of this section to be subject to a barrier crime or condition, unless the
department grants a redetermination under
7
AAC 10.927 or a variance under
7
AAC 10.930 and
7
AAC 10.935;
(6) may not have a health care provider
license or certification currently denied or revoked; and
(7) must be able independently to physically
assist the recipient with the ADLs and to perform the IADLs and other covered
services identified in the recipient's service level authorization under
7
AAC 125.024.
(b) A personal care services agency that
manages an agency-based program must implement a process that ensures the
individuals hired as personal care assistants are qualified under (a) of this
section. The process, at a minimum, must require that an applicant for a
personal care assistant position
(1) submit
three letters of reference from individuals that
(A) are not employed by the hiring personal
care services agency;
(B) are not
supervised by the applicant;
(C)
have known the applicant for at least three years; and
(D) attest to the applicant's character and
knowledge, skills, and ability to meet the performance requirements of (a)(7)
of this section; and
(2)
submit evidence of having met the education and training requirements of
7
AAC 125.160.
(c) The department will not pay for services
provided by a personal care assistant if
(1)
the personal care assistant is not associated with the personal care services
agency that requests a background check for that individual in accordance with
7
AAC 10.900-7 AAC
10.990 (barrier crimes and conditions; background
checks);
(2) the department
determines under
7
AAC 10.900 -
7
AAC 10.990 that a barrier crime or condition exists
with respect to a personal care assistant or revokes a background check under
7
AAC 10.945; however, the department will not withhold
payment if it grants a provisional valid history check under
7
AAC 10.920, a redetermination under
7
AAC 10.927, or a variance under
7
AAC 10.930 and
7
AAC 10.935; or
(3) the personal care assistant does not have
on file documentation of training required under (d) of this section or
7
AAC 125.100(a),
(d) A personal care services agency that
provides agency-based services or manages a consumer-directed program must have
on file, for each personal care assistant, certification documents showing
successful completion of
(1) cardiopulmonary
resuscitation (CPR) training that meets the standards of the American Heart
Association or the American Red Cross; evidence of CPR training must be
documented at least every two years;
(2) first aid training that meets the
standards of the American Heart Association or the American Red Cross; evidence
of first aid training must be documented at least every two years;
(3) assistance with self-administration of
medication training that addresses the activities set out in the definition of
"assisting a recipient with self-administration of prescribed oral medication,
eye drops, and skin ointments" in
7
AAC 125.030(g); and
(4) use of restrictive intervention training
under 7 AAC 125.104.
(g) A personal care services agency may not
submit a claim for services rendered by a personal care assistant unless
(1) the agency has associated the personal
care assistant with that agency on the department's electronic database
described in
7
AAC 10.915(c);
(2) the department has given written notice
to the agency that
(A) under
7
AAC 10.900 -
7
AAC 10.990 a barrier crime or condition does not exist
with respect to the personal care assistant; or
(B) the department granted to that personal
care assistant a provisional valid background check under
7
AAC 10.920, a redetermination under
7
AAC 10.927, or a variance under
7
AAC 10.930 and
7
AAC 10.935; and
(3) the agency verified that the department's
electronic database described in
7
AAC 10.915(c) indicates the personal
care assistant had a valid background check during the time period for which
the agency submits a claim.
