Current through November 28, 2024
(a) To qualify for personal care services
through a consumer-directed program, a recipient or a recipient's
representative identified in accordance with (e)(2) of this section must
(1) demonstrate cognitive capacity for
decision-making;
(2) understand the
impact of, and assume responsibility for, managing and training the recipient's
personal care assistants;
(3)
designate a personal care services agency that administers a consumer-directed
program to fulfill the responsibilities of
7
AAC 125.130 on behalf of the recipient;
(4) cooperate with the department in reviews
of the recipient's service level authorization;
(5) cooperate with the department and with
other state and federal oversight agencies during compliance reviews,
investigations, or audits; and
(6)
negotiate a contract for the recipient's personal care services with the
personal care services agency that will administer those services through a
consumer-directed program.
(b) The recipient, the recipient's
representative, or the representative's designee shall be responsible for
(1) designating an individual that will
render services as specified in the recipient's service level authorization
developed in accordance with 7 AAC 125,024 as the recipient's personal care
assistant;
(2) training and
scheduling the personal care assistant;
(3) supervising and signing the timesheets of
the personal care assistant; and
(4) terminating employment of the personal
care assistant if services are unsatisfactory or no longer needed.
(c) A recipient, the recipient's
representative, or the representative's designee shall notify the personal care
services agency not later than five days after
(1) the date that the needs of the recipient
for personal care services change; or
(2) the name or the address of the recipient,
the recipient's representative, or the recipient's designee changes.
(d) If a recipient has a
documented history of self-neglect or is found, during an assessment under
7
AAC 125.020, to lack the cognitive capacity to manage
the recipient's personal care services, the department will pay for
agency-based personal care services only. In this subsection, "self-neglect"
has the meaning given in
AS
47.24.900,
(e) Notwithstanding (d) of this section, the
department may pay for consumer-directed personal care services for a recipient
found to lack cognitive capacity during an assessment if
(1) the recipient demonstrates that the
recipient has the cognitive capacity to manage the recipient's personal care
services; the recipient must submit on a form provided by the department a
statement that
(A) indicates that the
recipient is capable of managing the recipient's own care; and
(B) is signed by a licensed physician,
physician assistant, or advanced practice registered nurse that is qualified to
practice under AS 08 or
7
AAC 105.200(c); or
(2) the recipient submits to the
department a document that identifies a representative and specifies the
representative's authority, and that representative
(A) qualifies under (a) of this section and
accepts responsibility for the activities required under (b) of this section;
or
(B) designates in accordance
with 7 AAC 125.100(c)
an individual that qualifies under (a) of this section and accepts
responsibility for the activities required in (b) of this section.
Authority:AS
47.05.010
AS
47.07.030
