Page 135

Official source

7 AAC 10.960. Termination of association. (a) Except as provided in (b) and (c) of this section, if a provider is required to terminate association with an applicant, the provider shall

(1) notify the applicant that the applicant’s employment, volunteer services, or other association with the provider under 7 AAC 10.900(b) is ended, effective immediately, unless the provider takes immediate action under (2) of this subsection; the provider must notify the applicant under this paragraph

(A) immediately, if the applicant is present at the premises where the provider is providing services; or

(B) before or upon the applicant’s next arrival at those premises; or

(2) if the provider intends to request a variance under 7 AAC 10.930, immediately reassign the duties and responsibilities of that applicant so that the applicant

(A) does not have contact with recipients of services;

(B) cannot access personal or financial records maintained by the provider regarding recipients of services;

(C) has no control over or impact on the financial well-being of a recipient of services, unless the only recipient whose financial well-being is affected is a

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Page 135

Official source

7 AAC 10.960. Termination of association. (a) Except as provided in (b) and (c) of this section, if a provider is required to terminate association with an applicant, the provider shall

(1) notify the applicant that the applicant’s employment, volunteer services, or other association with the provider under 7 AAC 10.900(b) is ended, effective immediately, unless the provider takes immediate action under (2) of this subsection; the provider must notify the applicant under this paragraph

(A) immediately, if the applicant is present at the premises where the provider is providing services; or

(B) before or upon the applicant’s next arrival at those premises; or

(2) if the provider intends to request a variance under 7 AAC 10.930, immediately reassign the duties and responsibilities of that applicant so that the applicant

(A) does not have contact with recipients of services;

(B) cannot access personal or financial records maintained by the provider regarding recipients of services;

(C) has no control over or impact on the financial well-being of a recipient of services, unless the only recipient whose financial well-being is affected is a

(i)relative of the applicant, and has authorized that…#

(i) relative of the applicant, and has authorized that applicant to make financial decisions for that relative;

(ii)recipient who has executed a power of attorney for that…#

(ii) recipient who has executed a power of attorney for that applicant to make financial decisions for that recipient; or

(iii) recipient for whom a court has authorized that applicant to make financial decisions for that recipient; and

(D) is provided with direct supervision if present at the premises where the provider is providing services during hours of operation. (b) If the provider is required to terminate association with an applicant who is subject to a union agreement or employment contract that requires more notice than allowed under (a) of this section, the provider shall, within 24 hours after receiving notice to terminate association, deliver a copy of the relevant language of the agreement or contract to the department. The provider shall cooperate with the department in developing an appropriate termination plan for the applicant that includes the measures set out in (a)(2)(A) — (D) of this section during the notice period mandated by the agreement or contract. (c) If the applicant for whom termination of association is required is a relative of the operator, administrator, or provider, and resides at the premises where services are provided,