Section 7 AAC 125.080 - Personal care services agency decertification and disenrollment(a) The department will deny an application to renew certification of, will suspend certification of, or will decertify and disenroll a personal care services agency as a provider for the consumer-directed or agency-based program (1) if the agency does not submit an application for renewal in accordance with or meet the requirements of 7 AAC 125.060(a);(2) if the agency does not meet the requirements in the Personal Care Services and Community First Choice Personal Care Services Provider Conditions of Participation, adopted by reference in 7 AAC 160.900;(3) if the agency does not meet the requirements of 7 AAC 125.010 - 7 AAC 125.199;(4) for grounds and under procedures set out in 7 AAC 105.400 - 7 AAC 105.490;(5) if the agency no longer qualifies for certification under 7 AAC 105 - 7 AAC 160;(6) if the department determines under 7 AAC 10.900 - 7 AAC 10.990 (barrier crimes and conditions; background checks) that a barrier crime or condition exists with respect to a personal care assistant or revokes a background check under 7 AAC 10.945, and the personal care services agency does not terminate association with the individual in accordance with 7 AAC 10.960, unless the department grants a redetermination under 7 AAC 10.927 or grants a variance under 7 AAC 10.930 and 7 AAC 10.935;(7) for a reason stated in 7 AAC 125.060(e); or(8) if the department determines a personal care services agency misrepresented the recipient's physical condition, or need for personal care services, for the purpose of obtaining personal care services for activities the recipient is able to perform or for which the recipient does not qualify.(b) If the department denies an application to renew certification, or suspends certification of a provider, the department will send, not later than 14 business days after the decision, written notice of the action and information regarding the provider's right to appeal the decision under AS 44.64.(c) Instead of decertification or suspension, the department may (1) notify the provider of the department's findings that form the basis for possible decertification or suspension;(2) specify a date on or before which the provider must submit a written corrective action plan that includes the method by which the provider will verify compliance and the expected dates of compliance;(3) approve, or require revision of, the corrective action plan as written or specify other dates for compliance; and(4) monitor the provider's progress toward meeting the requirements of the corrective action plan; if the provider does not meet the requirements of the corrective action plan on or before the date compliance is required, the department may decertify or suspend the provider as set out under (a) of this section.(d) Notwithstanding the provisions of this section, if the department has reasonable cause to believe that the health, safety, or welfare of a recipient is at risk, the department may immediately suspend or revoke a provider's certification. If immediate suspension or revocation occurs, the department will(1) give to the provider initial notice(A) by oral or written means, of the suspension or revocation of certification, including information regarding the right to appeal under AS 44.64; or(B) if no one is present to receive the initial notice, by posting the initial notice on the main entrance to the building in which the provider agency is located; and(2) not later than 14 business days after the date of the suspension or revocation of certification, issue a formal report that includes information related to the action taken, the reason for the action, and the right to appeal the decision under AS 44.64.Eff. 2/1/2010, Register 193; am 8/25/2010, Register 195; am 6/29/2017, Register 222, July 2017; am 7/22/2017, Register 223, October 2017; am 10/1/2018, Register 227, October 2018; am 10/16/2022, Register 244, January 2023 Authority:AS 47.05.010
AS 47.05.300
AS 47.05.310
AS 47.05.320
AS 47.05.330
AS 47.05.340
AS 47.07.030