(a) To qualify for
Community First Choice personal care services through a consumer-directed
program, a recipient, the recipient's representative, or the representative's
designee, 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
persona! care assistants;
(3)
designate a provider agency that administers a consumer-directed Community
First Choice personal care services program to fulfill the responsibilities of
7
AAC 127.130 on behalf of the recipient;
(4) cooperate with or the department in
reviews of the recipient's level-of-care assessment, support plan, and 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
Community First Choice personal care services with the personal care services
provider 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 who will render services to the recipient as a personal care
assistant as specified in the recipient's Community First Choice service level
authorization developed in accordance with
7
AAC 127.090;
(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 Community
First Choice personal care services provider agency not more than five days
alter
(1) the date that the needs of the
recipient for personal care services changes; or
(2) the name or the address of the recipient,
the recipient's representative, or the representative's designee
changes.
(d) If a
recipient has a documented history of self-neglect or is found, during an
assessment under 7 AAC 127,030. to lack the cognitive capacity to manage the
recipient's Community First Choice personal care services, the department will
pay for agency-based Community First Choice 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 Community First Choice personal care
services for a recipient found to lack cognitive capacity during an assessment
if
(1) the recipient demonstrates, to the
department's satisfaction in additional documentation, that the recipient has
the cognitive capacity to manage the recipient's Community First Choice
personal care services; the recipient must submit, in a format provided by the
department, a statement that indicates the recipient is capable of managing the
recipient's own care and that is signed by the recipient's physician, physician
assistant, or advanced practice registered nurse that is licensed under AS 08,
or is described in
7
AAC 105.200(c): or
(2) the recipient submits a document to the
department that identifies the recipient's representative's authority, and
shows that the 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 127.115(c), an individual that
qualifies under (a) of this section and accepts responsibility for the
activities required in (b) of this section.
