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authorized. (Eff. 11/5/2017, Register 224; am 3/31/2021, Register 238; am 9/18/2022, Register 243; am 1/1/2023, Register 245) Statutory Authority: Authority: AS 47.05.010 AS 47.07.040

AS 47.07.030 AS 47.07.045 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 130.218(a). 7 AAC 130.219. Enrollment in home and community-based waiver services; disenrollment. (a) The department will enroll an applicant, determined eligible under 7 AAC 130.205, in the recipient category for which the recipient is qualified if the department determines that enrolling the applicant will not bring the department out of compliance with the terms of the waiver approved under 42 U.S.C. 1396n(c) by exceeding the

(1) number of recipients approved for participation in the waiver program for the applicable recipient category; or

(2) average per capita expenditure limit on home and community-based waiver services for the applicable recipient category. (b) The department will notify

(1) an applicant, determined eligible under 7 AAC 130.205, that the applicant may choose between home and community-based waiver services and institutional care in a nursing facility or ICF/IID; the applicant’s choice of service must be documented in a format provided by the department; and

(2) a recipient, determined eligible and enrolled in a recipient category for home and community-based waiver services under 7 AAC 130.205, that the recipient may choose to receive home and community-based waiver services from any provider that

(A) is certified under 7 AAC 130.220; and