- (a) Home and community-based waiver services covered under this chapter do not include services provided by the spouse of the recipient, the parent of a minor child who is a recipient, an individual with a legal duty to support the recipient under state law, or the recipient's legal representative. For purposes of this section, a foster parent is not an individual with a legal duty to support a recipient placed in the care of that foster parent by the Department of Family and Community Services.
(b) Notwithstanding (a) of this section, a court-appointed guardian may provide home and community-based services to a recipient if
- (1) the court authorizes the guardian to provide those services under AS 13.26.167(2) or AS 13.26.311(c); and
- (2) the guardian is qualified to provide those services and employed by a provider certified under 7 AAC 130.220(a)(1) or (3).
(Eff. 2/1/2010, Register 193; am 11/3/2012, Register 204; am 11/5/2017, Register 224)