8 AAC 98.620. Change to the individualized written rehabilitation program; procedures for expedited administrative review

(a) The division will notify a recipient or that individual's parent, guardian, or representative, in writing, of the division's proposed change to the individualized written rehabilitation program (IWRP) before the change is made. A recipient who wishes to appeal a decision regarding a change in the IWRP, and to continue any disputed services contained in the original IWRP, must, in writing, request an expedited administrative review from the division before the effective date of change of the service.

(b) Upon receipt of a request for an expedited administrative review, the division will schedule the administrative review and make a decision within 30 calendar days after the proposed effective date of the change.

(c) Except as provided in (e) of this section, the division will provide the disputed service for up to 30 calendar days after the proposed effective date of the change, through completion of the expedited review.

(d) In the case of a client in extended evaluation status, the division will notify the client of the proposed change 40 days before the expiration of the 18-month limit to extended evaluation set by 34 C.F.R. 361.34, in order to continue services during the expedited review.

(e) A disputed service will not be provided after the proposed effective date of the change, during the expedited review, if

(1) the service had been planned or authorized but had not commenced;

(2) medical or psychological information in the case file indicates that the service is not appropriate; or

(3) the 18-month period of extended evaluation has expired.

History: Eff. 10/29/87, Register 104

Authority: AS 23.15.020

AS 23.15.080

AS 23.15.100

AS 23.15.180

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