Section 7 AAC 125.120 - Responsibilities of personal care assistant in a personal care services agency(a) A personal care assistant employed by a personal care services agency shall maintain for Medicaid billing purposes a contemporaneous record of services provided for each recipient that must include (1) a copy of the service level authorization that the department has approved under 7 AAC 125.024 and that is signed by or bears the legal mark of the recipient, the recipient's representative, or the representative's designee;(2) a copy of any amendments to the recipient's service level authorization prepared under 7 AAC 125.026 and approved by the department;(3) documentation, in the form of case notes, of services provided in accordance with the service level authorization; and(4) timesheets that indicate (A) the date, time, and length of each visit, and the services provided during each visit; and(B) for each visit, the signature or legal mark of the recipient, the recipient's representative, or the representative's designee verifying that the services were provided as reported by the personal care assistant.(b) If a recipient changes personal care assistants or discontinues personal care services from the provider agency, the former personal care assistant shall deliver the record required under (a) of this section to the appropriate personal care agency chosen by the recipient not later than two business days after the date of the change.(c) If a personal care assistant terminates employment, the personal care assistant shall deliver the record required under (a) of this section to the appropriate personal care services agency not later than two business days after the date of termination.(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) If a personal care assistant is charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a barrier crime listed in 7 AAC 10.905, (1) the personal care assistant shall inform the personal care agency not more than 24 hours, or not later than close of business the next business day, whichever is sooner, after the date that the personal care assistant was charged, convicted, found not guilty by reason of insanity, or adjudicated as a delinquent; and(2) the personal care agency shall notify the department as required under 7 AAC 10.925(b).(h) A personal care assistant shall notify the personal care agency not more than 10 days after a change in the personal care assistant's (2) license, certification, or registration status; or(3) mailing address, physical address, or telephone number.(i) In this section, "case notes" means progress notes, written after services are provided, that (1) include the date, time in and time out, activities provided, and 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;(3) are dated and signed by a personal care assistant; and(4) are contained in, and are retained as part of, the recipient's service record. Eff. 2/1/2010, Register 193; am 1/26/2012, Register 201; am 7/22/2017,Register 223, October 2017 Authority:AS 47.05.010
AS 47.05.310
AS 47.05.320
AS 47.05.340
AS 47.07.030