Section 7 AAC 127.125 - [Effective until 10/19/2024] Consumer-directed Community First Choice personal care services; recipient requirements(a) To qualify for Community First Choice personal care services through a consumer-directed program, a recipient, recipient's representative, or representative's designee, identified in accordance with (e)(2) of this section, must (1) demonstrate cognitive capacity for decision-making;(2) understand the impact of, and assume responsibility for, managing and training the recipient's persona! care assistants;(3) designate a provider agency that administers a consumer-directed Community First Choice personal care services program to fulfill the responsibilities of 7 AAC 127.130 on behalf of the recipient;(4) cooperate with or the department in reviews of the recipient's level-of-care assessment, support plan, and service level authorization;(5) cooperate with the department and with other state and federal oversight agencies during compliance reviews, investigations, or audits; and(6) negotiate a contract for the recipient's Community First Choice personal care services with the personal care services provider agency that will administer those services through a consumer-directed program.(b) The recipient, the recipient's representative, or the representative's designee shall be responsible for(1) designating an individual who will render services to the recipient as a personal care assistant as specified in the recipient's Community First Choice service level authorization developed in accordance with 7 AAC 127.090;(2) training and scheduling the personal care assistant;(3) supervising, and signing the timesheets of, the personal care assistant; and(4) terminating employment of the personal care assistant if services are unsatisfactory or no longer needed.(c) A recipient, the recipient's representative, or the representative's designee shall notify the Community First Choice personal care services provider agency not more than five days alter (1) the date that the needs of the recipient for personal care services changes; or(2) the name or the address of the recipient, the recipient's representative, or the recipient's designee changes.(d) If a recipient has a documented history of self-neglect or is found, during an assessment under 7 AAC 127,030. to lack the cognitive capacity to manage the recipient's Community First Choice personal care services, the department will pay for agency-based Community First Choice personal care services only. In this subsection, "self-neglect" has the meaning given in AS 47.24.900.(e) Notwithstanding (d) of this section, the department may pay for consumer-directed Community First Choice personal care services for a recipient found to lack cognitive capacity during an assessment if (1) the recipient demonstrates, to the department's satisfaction in additional documentation, that the recipient has the cognitive capacity to manage the recipient's Community First Choice personal care services; the recipient must submit, in a format provided by the department, a statement that indicates the recipient is capable of managing the recipient's own care and that is signed by the recipient's physician, physician assistant, or advanced practice registered nurse that is licensed under AS 08, or is described in 7 AAC 105.200(c): or(2) the recipient submits to the department a document that identifies the recipient's representative and specifies the representative's authority, and that representative (A) qualifies under (a) of this section and accepts responsibility for the activities required under (b) of this section; or(B) designates, in accordance with 7 AAC 127.115(c), an individual that qualifies under (a) of this section and accepts responsibility for the activities required in (b) of this section. Eff. 10/1/2018, Register 227, October 2018Authority:AS 47.05.010
AS 47.07.030
AS 47.07.036
AS 47.07.040