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(2) the guardian is qualified to provide those services and employed by a provider certified under 7 AAC 130.220(a)(1) or (3). (Eff. 2/1/2010, Register 193; am 11/3/2012, Register 204; am 11/5/2017, Register 224) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 Editor’s note: As of Register 227 (October 2018), the regulations attorney made technical corrections under AS 44.62.125(b)(6), to 7 AAC 130.202(a). 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 130.202. 7 AAC 130.205. Eligibility for home and community-based waiver services. (a) The department will pay for home and community-based waiver services provided in accordance with the applicable requirements of this chapter to an individual that is

(1) eligible for coverage under AS 47.07.020, 7 AAC 100.002, and (d) of this section; and

(2) enrolled in accordance with 7 AAC 130.219. (b) Home and community-based waiver services are not available to an individual

(1) while the individual is an inpatient of a nursing facility, a hospital, or an intermediate care facility for individuals with an intellectual disability (ICF/IID); or

(2) if the individual’s services, supports, devices, or supplies may be provided for entirely by services under 7 AAC 105 — 7 AAC 160 without the services specified under this chapter. (c) A recipient enrolled in the home and community-based waiver services program is eligible to receive other Medicaid services for which the recipient is otherwise eligible. (d) For the department to determine whether an applicant is eligible to receive home and community-based waiver services under this section, the applicant must be found eligible for one of the following recipient categories: