7 AAC 43.775. Responsibilities of personal care assistant

(a) In the consumer-directed and the agency-based programs, a personal care assistant shall maintain a contemporaneous service record for Medicaid billing for each recipient for whom that assistant provides personal care services. The record must include

(1) documentation of tasks performed under the categories of the PCAT service plan, including case notes, frequency, scope, and duration;

(2) any changes in the recipient's PCAT service plan prepared under 7 AAC 43.751 and approved by the department;

(3) a copy of the PCAT service plan signed by, or bearing the legal mark of, the recipient or the recipient's legal representative and the department or its designee;

(4) a time sheet recording the date, time, and length of each visit and the services provided during each visit; and

(5) the signature or legal mark of the recipient or the recipient's legal representative on each time sheet, verifying that services were provided as reported by the personal care assistant.

(b) If a recipient changes personal care assistants or discontinues personal care services, the former personal care assistant shall deliver the record required by (a) of this section to the appropriate personal care agency within two days.

(c) If a personal care assistant terminates employment, the personal care assistant shall deliver the record required by (a) of this section to the appropriate personal care agency within two days.

(d) A personal care assistant may not

(1) accept payment in any form from a recipient for any Medicaid-reimbursable service; or

(2) solicit clients for personal care services.

(e) A personal care assistant shall keep all information concerning a recipient confidential in accordance with P.L. 104-191 (Health Insurance Portability and Accountability Act of 1996).

(f) A personal care assistant is subject to the reporting requirements of AS 47.17.020 and AS 47.24.010 .

(g) A personal care assistant shall inform the personal care agency within 10 days after a change in the personal care assistant's

(1) name;

(2) license, certification, or registration status;

(3) mailing address, physical address, or telephone number; or

(4) record of any convictions or pending criminal charges from that disclosed by the criminal justice information obtained under 7 AAC 43.770(a) .

(h) In this section, "case notes" means progress notes documented after services are provided that

(1) include how the recipient responded to care;

(2) identify any changes, improvement, or decline in the recipient's health, safety, or welfare, including changes in physical or mental conditions; and

(3) are dated, signed by a personal care assistant, and contained in the recipient's service record.

History: Eff. 11/6/86, Register 100; am 6/27/92, Register 122; readopt 8/7/96, Register 139; am 10/1/2001, Register 159; am 1/1/2002, Register 160; am 4/1/2006, Register 177

Authority: AS 47.05.010

AS 47.07.030

Editor's note: Effective 8/7/96, Register 139, the Department of Health and Social Services readopted 7 AAC 43.775 in its entirety, without change, under AS 47.05 and AS 47.07. Executive Order No. 72 transferred certain rate-setting authority to the department.

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