Alaska Administrative Code
Title 7 - Health and Social Services
Part 8 - Medicaid Coverage and Payment
Chapter 125 - Medicaid Coverage; Personal Care Services and Home Health Care Services
Article 1 - Personal Care Services
7 AAC 125.100 - Safety of recipients; recipient representatives

Universal Citation: 7 AK Admin Code 125.100

Current through November 28, 2024

(a) An agency certified in accordance with 7 AAC 125.060 as a provider of personal care services shall

(1) protect a recipient's health, safety, and welfare while rendering services under this chapter; and

(2) provide training for all employees regarding
(A) the mandatory reporting requirements of AS 47.17.020 for children and AS 47.24.010 for vulnerable adults; and

(B) the critical incident reporting requirements of 7 AAC 125.102; and

(3) submit reports in compliance with AS 47.17.020, AS 47.24.010, and this section.

(b) If a recipient is unable to manage the recipient's personal care services; the recipient must have a representative chosen or appointed to

(1) select and negotiate a contract with a personal care services agency to provide the services identified in the recipient's service level authorization under 7 AAC 125.024;

(2) cooperate with the department in reviews of the recipient's service level authorization;

(3) cooperate with the department and with other state and federal oversight agencies during compliance reviews, investigations, or audits; and

(4) sign time sheets in accordance with 7 AAC 125.030(a)(3).

(c) If the recipient's representative is unable to act on behalf of the recipient because the recipient's representative is not present in the recipient's community and involved in the day-today care of the recipient, the recipient's representative must designate, on a form provided by the department, an individual that must act in accordance with (b) of this section. In addition,

(1) if the recipient receives services through a consumer-directed personal care services program, the representative's designee must act in accordance with the requirements of 7 AAC 125.140;

(2) the representative's designee must be
(A) at least 18 years of age;

(B) present in the recipient's community, and involved in the day-to-day care of the recipient; and

(C) willing to manage and evaluate the recipient's personal care services as those services are provided in the recipient's home; and

(3) the representative may not designate a public home care provider or individual affiliated with a public home care provider to act on behalf of the recipient under this subsection; in this paragraph, "public home care provider" has the meaning given in AS 47.05.017(c).

The hotline number for the department's adult protective services is (800) 478-9996. The child abuse hotline number for the department is (800) 478-4444.

Authority:AS 47.05.010

AS 47.05.030

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