Section 7 AAC 125.110 - Consumer-directed and agency-based personal care services programs; safety of employees; termination of service(a) Notwithstanding (c) of this section, and not later than 30 days before a personal care services agency terminates personal care services to a recipient, the agency shall send written notice of the termination to the department and the recipient.(b) An agency may terminate services to a recipient without the notice required in (a) of this section if the agency(1) has evidence that continuing services to the recipient will (A) jeopardize the safety of a personal care assistant providing services for that recipient;(B) endanger the health, safety, and welfare of the recipient because the recipient rejects or docs not cooperate in the provision of personal care services; or(C) create a financial risk for the agency because the agency suspects recipient misrepresentation or fraud; and(2) documents the measures that the agency took to address the recipient behavior that resulted in immediate termination.(c) For a recipient terminated from a consumer-directed program because of a lack of cognitive capacity to self-direct personal care services or a documented history of self-neglect, the agency administering the program shall inform that recipient of(1) the recipient's eligibility to transfer to, and to receive personal care services through, an approved personal care services agency offering an agency-based program; and(2) the requirements under 7 AAC 125.140(e) regarding representation and documentation of capacity if the recipient elects to continue in a consumer-directed program,(d) An agency that terminates services under (b) of this section shall (1) provide written notice explaining the reason for termination to the recipient;(2) submit the documentation required in (b)(2) of this section and a copy of the written notice of termination to the department at the same time notice of termination is sent to the recipient;(3) refer the recipient to the office of the department responsible for adult protective services or the office of the department responsible for children's services as appropriate if the agency has any concern that the immediate termination of services will place the recipient at risk of harm; and(4) refer suspected misrepresentation, fraud, and waste of Medicaid funds to the department.(e) An agency that intends to close, sell, or change ownership of or a percentage of ownership in a business certified under 7 AAC 125.060 shall send written notice of that intention to the department and to each affected recipient not later than 60 days before the closure, sale, or change in ownership.Eff. 2/1/2010, Register 193; am 7/22/2017,Register 223, October 2017 Authority:AS 47.05.010
AS 47.07.030