1. (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.
2. (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.

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 Community First Choice personal care services covered activity on the recipient's current service level authorization in accordance with 7 AAC 127.095;
      2. (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;
      3. (C) terminate the recipient's authorization to receive Community First Choice personal care services in accordance with 7 AAC 127.095; or
      4. (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. (2) if the application is not acted upon with reasonable promptness.

(Eff. 10/1/2018, Register 227)

Authority: AS 47.05.010, AS 47.07.030, AS 47.07.036, AS 47.07.040