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(iii) Material Improvement Reporting for IDD Participants Age Three or Over, adopted by reference in 7 AAC 160.900, if the recipient is three years of age or older and in the recipient category of individuals with intellectual and developmental disabilities; or

(iv) Material Improvement Reporting for ALI/APDD Waivers, adopted by reference in 7 AAC 160.900, if the recipient is in the recipient category of older adults or adults with physical disabilities or in the recipient category of adults with physical and developmental disabilities; and

(B) the reviewer confirms to the department that the condition that made the recipient eligible for services has materially improved;

(5) the recipient or the recipient’s representative chooses to end the recipient’s participation in the home and community-based waiver services program;

(6) the recipient or the recipient’s representative misrepresents the recipient’s physical, intellectual, developmental, or medical condition in an effort to obtain services that are not medically necessary or for which the recipient does not qualify;

(7) the recipient has a documented history of failing to cooperate with the delivery of services identified in the support plan prepared under 7 AAC 130.217 and 7 AAC 130.218, or of placing caregivers or other recipients at risk of physical injury, and no other providers are willing to provide services to the recipient; for the purposes of this paragraph, a documented history exists if a provider

(A) reports that the provider has been unable obtain cooperation with service delivery or to mitigate the risk of physical injury to a caregiver or other recipients through reasonable accommodation of the recipient’s disability; and

(B) maintains records to support that report, and makes those records available to the department for inspection; the department will review those records before making a decision on disenrollment under this paragraph;

(8) the recipient or the recipient’s representative fails to take an action or to submit documentation required under 7 AAC 130.209 — 7 AAC 130.218. (f) An applicant or recipient that is denied enrollment for home and community-based waiver services, or a recipient that is disenrolled for reasons described in (e) of this section, may appeal that decision under 7 AAC 49. (Eff. 7/1/2013, Register 206; am 7/1/2015, Register 214; am 11/5/2017, Register 224; am 3/31/2021, Register 238; am 1/22/2023, Register 245) Statutory Authority: Authority: AS 47.05.010 AS 47.07.040