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cognitive capacity to self-direct personal care services or a documented history of self-neglect, the agency administering the program shall inform that recipient of

(1) the recipient’s eligibility to transfer to, and to receive personal care services through, an approved personal care services agency offering an agency-based program; and

(2) the requirements under 7 AAC 125.140(e) regarding representation and documentation of capacity if the recipient elects to continue in a consumer-directed program. (d) An agency that terminates services under (b) of this section shall

(1) provide written notice explaining the reason for termination to the recipient;

(2) submit the documentation required in (b)(2) of this section and a copy of the written notice of termination to the department at the same time notice of termination is sent to the recipient;

(3) refer the recipient to the office of the department responsible for adult protective services or the subunit of the Department of Family and Community Services responsible for children’s services as appropriate if the agency has any concern that the immediate termination of services will place the recipient at risk of harm; and

(4) refer suspected misrepresentation, fraud, and waste of Medicaid funds to the department. (e) An agency that intends to close, sell, or change ownership of or a percentage of ownership in a business certified under 7 AAC 125.060 shall send written notice of that intention to the department and to each affected recipient not later than 60 days before the closure, sale, or change in ownership. (Eff. 2/1/2010, Register 193; am 7/22/2017, Register 223) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 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 Register 242 (July 2022), the regulations attorney made a conforming technical revision under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to 7 AAC 125.110. 7 AAC 125.120. Responsibilities of personal care assistant in a personal care services

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Official source

cognitive capacity to self-direct personal care services or a documented history of self-neglect, the agency administering the program shall inform that recipient of

(1) the recipient’s eligibility to transfer to, and to receive personal care services through, an approved personal care services agency offering an agency-based program; and

(1) provide written notice explaining the reason for termination to the recipient;

(2) submit the documentation required in (b)(2) of this section and a copy of the written notice of termination to the department at the same time notice of termination is sent to the recipient;