1. (a) To be employed as a personal care assistant in either the consumer-directed program or the agency-based program, a personal care assistant

   1. (1) must be at least 18 years of age;
   2. (2) must comply with the requirements of 7 AAC 125.010 - 7 AAC 125.199;
   3. (3) must be associated with a personal care services agency certified in accordance with 7 AAC 125.060;
   4. (4) must be individually enrolled with the department under 7 AAC 105.200(b) and 7 AAC 105.210;
   5. (5) may not be determined as described in (c) of this section to be subject to a barrier crime or condition, unless the department grants a redetermination under 7 AAC 10.927 or a variance under 7 AAC 10.930 and 7 AAC 10.935;
   6. (6) may not have a health care provider license or certification currently denied or revoked; and
   7. (7) must be able independently to physically assist the recipient with the ADLs and to perform the IADLs and other covered services identified in the recipient's service level authorization under 7 AAC 125.024.

2. (b) A personal care services agency that manages an agency-based program must implement a process that ensures the individuals hired as personal care assistants are qualified under (a) of this section. The process, at a minimum, must require that an applicant for a personal care assistant position

   1. (1) submit three letters of reference from individuals that

      1. (A) are not employed by the hiring personal care services agency;
      2. (B) are not supervised by the applicant;
      3. (C) have known the applicant for at least three years; and
      4. (D) attest to the applicant's character and knowledge, skills, and ability to meet the performance requirements of (a)(7) of this section; and
   2. (2) submit evidence of having met the education and training requirements of 7 AAC 125.160.

3. (c) The department will not pay for services provided by a personal care assistant if

   1. (1) the personal care assistant is not associated with the personal care services agency that requests a background check for that individual in accordance with 7 AAC 10.900 - 7 AAC 10.990 (barrier crimes and conditions; background checks);
   2. (2) the department determines under 7 AAC 10.900 - 7 AAC 10.990 that a barrier crime or condition exists with respect to a personal care assistant or revokes a background check under 7 AAC 10.945; however, the department will not withhold payment if it grants a provisional valid history check under 7 AAC 10.920, a redetermination under 7 AAC 10.927, or a variance under 7 AAC 10.930 and 7 AAC 10.935; or
   3. (3) the personal care assistant does not have on file documentation of training required under (d) of this section or 7 AAC 125.100(a).

4. (d) A personal care services agency that provides agency-based services or manages a consumer-directed program must have on file, for each personal care assistant, certification documents showing successful completion of

   1. (1) cardiopulmonary resuscitation (CPR) training that meets the standards of the American Heart Association or the American Red Cross; evidence of CPR training must be documented at least every two years;
   2. (2) first aid training that meets the standards of the American Heart Association or the American Red Cross; evidence of first aid training must be documented at least every two years;
   3. (3) assistance with self-administration of medication training that addresses the activities set out in the definition of "assisting a recipient with self-administration of prescribed oral medication, eye drops, and skin ointments" in 7 AAC 125.030(g); and
   4. (4) use of restrictive intervention training under 7 AAC 125.104.
5. (e) Repealed 9/18/2022.
6. (f) Repealed 9/18/2022.

7. (g) A personal care services agency may not submit a claim for services rendered by a personal care assistant unless

   1. (1) the agency has associated the personal care assistant with that agency on the department's electronic database described in 7 AAC 10.915(c);

   2. (2) the department has given written notice to the agency that

      1. (A) under 7 AAC 10.900 - 7 AAC 10.990 a barrier crime or condition does not exist with respect to the personal care assistant; or
      2. (B) the department granted to that personal care assistant a provisional valid background check under 7 AAC 10.920, a redetermination under 7 AAC 10.927, or a variance under 7 AAC 10.930 and 7 AAC 10.935; and
   3. (3) the agency verified that the department's electronic database described in 7 AAC 10.915(c) indicates the personal care assistant had a valid background check during the time period for which the agency submits a claim.

(Eff. 2/1/2010, Register 193; am 10/1/2011, Register 199; am 6/29/2017, Register 222; am 7/22/2017, Register 223; am 9/18/2022, Register 243)

Authority: AS 47.05.010, AS 47.05.310, AS 47.05.340, AS 47.05.017, AS 47.05.320, AS 47.07.030, AS 47.05.300, AS 47.05.330