1. (a) To qualify for personal care services through a consumer-directed program, a recipient or a recipient's representative identified in accordance with (e)(2) of this section must

   1. (1) demonstrate cognitive capacity for decision-making;
   2. (2) understand the impact of, and assume responsibility for, managing and training the recipient's personal care assistants;
   3. (3) designate a personal care services agency that administers a consumer-directed program to fulfill the responsibilities of 7 AAC 125.130 on behalf of the recipient;
   4. (4) cooperate with the department in reviews of the recipient's service level authorization;
   5. (5) cooperate with the department and with other state and federal oversight agencies during compliance reviews, investigations, or audits; and
   6. (6) negotiate a contract for the recipient's personal care services with the personal care services agency that will administer those services through a consumer-directed program.

2. (b) The recipient, the recipient's representative, or the representative's designee shall be responsible for

   1. (1) designating an individual that will render services as specified in the recipient's service level authorization developed in accordance with 7 AAC 125.024 as the recipient's personal care assistant;
   2. (2) training and scheduling the personal care assistant;
   3. (3) supervising and signing the timesheets of the personal care assistant; and
   4. (4) terminating employment of the personal care assistant if services are unsatisfactory or no longer needed.

3. (c) A recipient, the recipient's representative, or the representative's designee shall notify the personal care services agency not later than five days after

   1. (1) the date that the needs of the recipient for personal care services change; or
   2. (2) the name or the address of the recipient, the recipient's representative, or the recipient's designee changes.
4. (d) If a recipient has a documented history of self-neglect or is found, during an assessment under 7 AAC 125.020, to lack the cognitive capacity to manage the recipient's personal care services, the department will pay for agency-based personal care services only. In this subsection, "self-neglect" has the meaning given in AS 47.24.900.

5. (e) Notwithstanding (d) of this section, the department may pay for consumer-directed personal care services for a recipient found to lack cognitive capacity during an assessment if

   1. (1) the recipient demonstrates that the recipient has the cognitive capacity to manage the recipient's personal care services; the recipient must submit on a form provided by the department a statement that

      1. (A) indicates that the recipient is capable of managing the recipient's own care; and
      2. (B) is signed by a licensed physician, physician assistant, or advanced practice registered nurse that is qualified to practice under AS 08 or 7 AAC 105.200(c); or

   2. (2) the recipient submits to the department a document that identifies a representative and specifies the representative's authority, and that representative

      1. (A) qualifies under (a) of this section and accepts responsibility for the activities required under (b) of this section; or
      2. (B) designates in accordance with 7 AAC 125.100(c) an individual that qualifies under (a) of this section and accepts responsibility for the activities required in (b) of this section.

(Eff. 2/1/2010, Register 193; am 1/26/2012, Register 201; am 7/22/2017, Register 223)

Authority: AS 47.05.010, AS 47.07.030