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(1) designating an individual that will render services as specified in the recipient’s service level authorization developed in accordance with 7 AAC 125.024 as the recipient’s personal care assistant;

(2) training and scheduling the personal care assistant;

(3) supervising and signing the timesheets of the personal care assistant; and

(4) terminating employment of the personal care assistant if services are unsatisfactory or no longer needed. (c) A recipient, the recipient’s representative, or the representative’s designee shall notify the personal care services agency not later than five days after

(1) the date that the needs of the recipient for personal care services change; or

(2) the name or the address of the recipient, the recipient’s representative, or the recipient’s designee changes. (d) If a recipient has a documented history of self-neglect or is found, during an assessment under 7 AAC 125.020, to lack the cognitive capacity to manage the recipient’s personal care services, the department will pay for agency-based personal care services only. In this subsection, “self-neglect” has the meaning given in AS 47.24.900. (e) Notwithstanding (d) of this section, the department may pay for consumer-directed personal care services for a recipient found to lack cognitive capacity during an assessment if

(1) the recipient demonstrates that the recipient has the cognitive capacity to manage the recipient’s personal care services; the recipient must submit on a form provided by the department a statement that

(A) indicates that the recipient is capable of managing the recipient’s own care; and

(B) is signed by a licensed physician, physician assistant, or advanced practice registered nurse that is qualified to practice under AS 08 or 7 AAC 105.200(c); or

(2) the recipient submits to the department a document that identifies a representative and specifies the representative’s authority, and that representative

(A) qualifies under (a) of this section and accepts responsibility for the activities required under (b) of this section; or

(B) designates in accordance with 7 AAC 125.100(c) an individual that qualifies under (a) of this section and accepts responsibility for the activities required in (b) of this section. (Eff. 2/1/2010, Register 193; am 1/26/2012, Register 201; am 7/22/2017, Register 223) Statutory Authority: