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AS 47.05.310 AS 47.05.340 7 AAC 125.090. Employment of personal care assistants; qualifications. (a) To be employed as a personal care assistant in either the consumer-directed program or the agency-based program, a personal care assistant

(1) must be at least 18 years of age;

(2) must comply with the requirements of 7 AAC 125.010 — 7 AAC 125.199;

(3) must be associated with a personal care services agency certified in accordance with 7 AAC 125.060;

(4) must be individually enrolled with the department under 7 AAC 105.200(b) and 7 AAC 105.210;

(5) may not be determined as described in (c) of this section to be subject to a barrier crime or condition, unless the department grants a redetermination under 7 AAC 10.927 or a variance under 7 AAC 10.930 and 7 AAC 10.935;

(6) may not have a health care provider license or certification currently denied or revoked; and

(7) must be able independently to physically assist the recipient with the ADLs and to perform the IADLs and other covered services identified in the recipient’s service level authorization under 7 AAC 125.024. (b) A personal care services agency that manages an agency-based program must implement a process that ensures the individuals hired as personal care assistants are qualified under (a) of this section. The process, at a minimum, must require that an applicant for a personal care assistant position

(1) submit three letters of reference from individuals that

(A) are not employed by the hiring personal care services agency;

(B) are not supervised by the applicant;

(C) have known the applicant for at least three years; and

(D) attest to the applicant’s character and knowledge, skills, and ability to meet the performance requirements of (a)(7) of this section; and

(2) submit evidence of having met the education and training requirements of 7 AAC 125.160.