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state is insufficient to meet the needs of the recipients residing in that area, and an agency that is certified as a provider of home and community-based waiver services in that area is willing and qualified to provide care coordination services; in this paragraph, “non-urban geographic area” means a geographic area that, according to the Department of Labor and Workforce Development’s Alaska Borough/Census Areas map, is located within the bounds of a borough or census area other than the
(A) Municipality of Anchorage;
(B) Fairbanks North Star Borough;
(C) City and Borough of Juneau;
(D) Kenai Peninsula Borough; and
(E) Matanuska-Susitna Borough; and
(2) the provider agency requests an exception in a format provided by the department. (k) The department will certify a provider agency approved for an exception under (j) of this section for a period of three years. Every three years the department will evaluate under (j)(1) of this section whether the availability of care coordination services in a non-urban geographic area of the state is insufficient to meet the needs of the recipients residing in that area. If the department determines that the availability of care coordination services in that area is sufficient, the department will not certify an agency in that area as a provider of both home and community-based waiver services and care coordination services. (l) An agency certified as a provider of both home and community-based waiver services and care coordination services in accordance with (j) of this section shall
(1) operate the care coordination services section as a distinct unit separate from the units that provide home and community-based waiver services under this chapter or personal care services under 7 AAC 125.010 — 7 AAC 125.199;
(2) appoint an individual to the position of program supervisor for care coordination services only; that individual may not serve as program supervisor for either home and community-based waiver services or personal care services during that individual’s tenure as program supervisor for care coordination services;
(3) implement a process to resolve disputes that may arise among the service units; and
(4) provide an alternative dispute resolution process for recipients. (m) A provider certified to offer the following home and community-based waiver services shall render those services in a setting that is integrated into the greater community and that allows the recipient to access that community to the same degree as an individual that does not receive home and community-based waiver services:
(1) adult day services under 7 AAC 130.250;