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based on those timesheets to the department. (d) A personal care services agency that administers a consumer-directed program shall work with either the recipient or the recipient’s representative to

(1) identify possible risks to the health, safety, and welfare of the recipient if the recipient’s regularly scheduled personal care assistant is unable to provide services; and

(2) develop a backup plan that identifies the responsibilities of the agency and the recipient for obtaining the personal care services or other backup services if the recipient’s regularly scheduled personal care assistant is unable to provide those services. (Eff. 2/1/2010, Register 193; am 1/26/2012, Register 201; am 7/22/2017, Register 223) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 7 AAC 125.140. Consumer-directed personal care services program; recipient requirements. (a) To qualify for personal care services through a consumer-directed program, a recipient or a recipient’s representative identified in accordance with (e)(2) of this section must

(1) demonstrate cognitive capacity for decision-making;

(2) understand the impact of, and assume responsibility for, managing and training the recipient’s personal care assistants;

(3) designate a personal care services agency that administers a consumer-directed program to fulfill the responsibilities of 7 AAC 125.130 on behalf of the recipient;

(4) cooperate with the department in reviews of the recipient’s service level authorization;

(5) cooperate with the department and with other state and federal oversight agencies during compliance reviews, investigations, or audits; and

(6) negotiate a contract for the recipient’s personal care services with the personal care services agency that will administer those services through a consumer-directed program. (b) The recipient, the recipient’s representative, or the representative’s designee shall be responsible for