Section 7 AAC 127.165 - Community First Choice personal care services review and appeal rights(a) A recipient that is terminated From an agency-based Community First Choice personal care services program may appeal that termination through the complaint process established by the Community First Choice personal care services agency.(b) If the assessment under 7 AAC 127.030 indicates that an individual is not capable of managing consumer-directed personal care services because of a lack of cognitive capacity, or if a recipient is terminated from a consumer-directed personal care services program because the recipient lacks cognitive capacity to manage personal care services, the recipient may request a hearing under 7 AAC 49.(c) A recipient may request a hearing under 7 AAC 49(1) for a decision by the department to (A) reduce or end the time allowed for a Community First Choice personal care services covered activity on the recipient's current service level authorization in accordance with 7 AAC 127.095;(B) deny time on a service level reauthorization for a Community First Choice personal care services activity that was included in a previous service level authorization if that activity is listed in 7 AAC 127.040;(C) terminate the recipient's authorization to receive Community First Choice personal care services in accordance with 7 AAC 127.095; or(D) deny Community First Choice personal care services, after review of an initial application under 7 AAC 127.030, because the recipient does not qualify for those services; or(2) if the application is not acted upon with reasonable promptness. Eff. 10/1/2018, Register 227, October 2018Authority:AS 47.05.010
AS 47.07.030
AS 47.07.036
AS 47.07.040