7 AAC 43.768. Consumer-directed program; recipient requirements

(a) To qualify for personal care services from a consumer-directed program, a recipient must have a health-related condition that results in the need for personal care services, and either the recipient or the recipient's legal representative must be capable and willing to

(1) supervise the personal care assistant;

(2) demonstrate a capacity for making choices about ADL under 7 AAC 43.752, understand the impact of those choices, and assume the responsibility of those choices;

(3) designate a consumer-directed personal care agency as responsible to fulfill the responsibilities of 7 AAC 43.786 on behalf of the recipient;

(4) cooperate with the department staff or designee in the review of the recipient's PCAT;

(5) cooperate with the department staff or designee, and with other state and federal oversight agencies, in conducting compliance reviews, investigations, or audits;

(6) negotiate a recipient contract with the consumer-directed personal care agency;

(7) specify the training requirements of the personal care assistant and assure that the specified training has been received; and

(8) obtain a physician's, a physician assistant's, or an advanced nurse practitioner's prescription regarding the recipient's home exercise or range-of-motion program under 7 AAC 43.752(a) (3)(G) or (b).

(b) A recipient or the recipient's legal representative

(1) is primarily responsible for the scheduling, training, and supervising of the personal care assistant; and

(2) has the right to terminate the personal care assistant providing services to that recipient.

(1) an unpaid care provider involved in the day-to-day care of the recipient; and

(2) managing the recipient's care, and capable of evaluating the care, as it occurs in the home.

(d) A recipient or a recipient's legal representative must notify the personal care agency within five days after the date that the service needs of the recipient change or the name or the address of the recipient or the recipient's legal representative changes.

History: Eff. 10/1/2001, Register 159; am 6/19/2004, Register 170; am 4/1/2006, Register 177

Authority: AS 47.05.010

AS 47.07.030

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