7 AAC 43.1035. Nursing oversight

(a) The department will require nursing oversight in the form and frequency required under (b) of this section if

(1) in the course of receiving a home and community-based waiver service, a recipient is to perform self-care of a medical nature or receive care of a medical nature from an individual, regardless of whether the individual is a home and community-based services provider or employed by that provider;

(2) the individual to perform care under (1) of this subsection is not licensed under AS 08 in a health care profession in which the competent delivery of that form of care is a prerequisite for licensure; and

(3) the recipient is within the recipient category for

(A) children with complex medical conditions; or

(B) individuals with mental retardation and developmental disabilities, but would be eligible under the recipient category for children with complex medical conditions if the individual were under 22 years of age.

(b) Nursing oversight must

(1) be provided by a registered nurse licensed under AS 08.68 who is

(A) a care coordinator enrolled under 7 AAC 43.1041(a), and employed by a care coordination agency provider;

(B) employed by a home and community-based services provider, and who provides nursing oversight as a component of another Medicaid service; or

(C) employed by a private health care provider, and who submits verification of nursing oversight through written reports of scope and frequency that are approved under 7 AAC 43.1030 as part of the recipient's plan of care; and

(2) include contacts between the registered nurse, the recipient, and any individual described in (a)(1) - (2) of this section, during which the registered nurse shall confirm that the care is being delivered in a manner that protects the health and safety of the recipient; the department will determine the number and frequency of required contacts, not to exceed one contact per month, and as appropriate to the medical condition of the recipient and the complexity of the care to be delivered.

History: Eff. 5/15/2004, Register 170

Authority: AS 47.05.010

AS 47.07.030

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