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can no longer regulate their own behavior due to the dementia-disease process, but excludes complex behaviors;

(22) “complex behaviors” means those behaviors exhibited by a resident of this state that is 60 years of age or older with a primary diagnosis of dementia and related disorders, with the level of severity described in this paragraph; the dementia must significantly affect the person’s orientation to time and place, and the person’s ability to start or finish activities of daily living; the person must have difficulty articulating their basic needs and must display behavior that includes neglect of self or harm to self or others that is not purposeful or planned, but is reactive to the environment and caused by the dementia disease process;

(23) “level IV services” means services described in 7 AAC 74.010(c)(4);

(24) “level V services” means services described in 7 AAC 74.010(c)(5);

(25) “maximum community spouse monthly maintenance allowance” has the meaning given in 7 AAC 100.560(a);

(26) “nursing services” means nursing duties under 12 AAC 44.970 that require the exercise of professional nursing knowledge or judgment, or complex nursing skills that must not be delegated. (b) In AS 47.55.020, “cost of the person’s care,” and in AS 47.55.030, “cost of care and support,” mean the cost of services provided to a pioneers’ home resident or recipient. (c) In AS 47.55.095, “undue hardship” means that, as determined by the department after considering other reasonable alternatives to obtain medical care, food, clothing, shelter, or other necessities of life, an individual would be deprived of

(1) medical care such that the individual’s health or life would be endangered; or

(2) food, clothing, shelter, or other necessities of life. (Eff. 8/1/2004, Register 171; am 3/8/2012, Register 201; am 8/30/2019, Register 231; am 4/14/2021, Register 238; am 7/9/2023, Register 247) Statutory Authority: Authority: AS 47.55.010 AS 47.55.030 AS 47.55.095

AS 47.55.020 AS 47.55.070 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of