1. (a) A recipient that is terminated from an agency-based personal care services program may appeal that termination through the complaint process established by the personal care services agency.
2. (b) If the assessment under 7 AAC 125.020 indicates that an individual is not capable of managing consumer-directed 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.

3. (c) A recipient may request a hearing under 7 AAC 49

   1. (1) for a decision by the department to

      1. (A) reduce or end the time allowed for a personal care services covered activity on the recipient's current service level authorization;
      2. (B) deny time on a service level reauthorization for a personal care services activity that was included in a previous service level authorization if that activity is listed in 7 AAC 125.030;
      3. (C) terminate the recipient's authorization to receive personal care services in accordance with 7 AAC 125.026(d); or
      4. (D) deny personal care services, after review of an initial application under 7 AAC 125.012, because the recipient does not qualify for those services; or
   2. (2) if the application is not acted upon with reasonable promptness.

(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