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benefit from

(A) other home and community-based waiver services; or

(B) services provided by family members or community supports; and

(2) planned to promote the optimal functioning of the recipient by meeting both health and social service needs. (c) The department will not pay for adult day services that duplicate

(1) services performed by personal care assistants under 7 AAC 125.010 — 7 AAC 125.199; or

(2) other home and community-based waiver services. (d) In this section, “non-institutional community setting” means a setting other than a hospital, nursing facility, or ICF/IID. (Eff. 2/1/2010, Register 193; am 7/1/2013, Register 206; am 7/1/2015, Register 214; am 11/5/2017, Register 224; am 3/31/2021, Register 238) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 Editor’s note: As of Register 207 (October 2013), and acting under AS 44.62.125(b)(6) and sec. 29, ch. 42, SLA 2013, the regulations attorney made a technical change to 7 AAC 130.250(d), to change “ICF/MR” to “ICF/IID.” Chapter 42, SLA 2013 amended terminology in the Alaska Statutes to replace references to “mental retardation” and “mentally retarded” with more current terms. Section 29, ch. 42, SLA 2013 instructed that similar changes be made in the Alaska Administrative Code. 7 AAC 130.255. Residential supported-living services. (a) The department will pay for residential supported-living services that

(1) are provided to a recipient in one of the following recipient categories:

(A) older adults or adults with physical disabilities;

(B) adults with physical and developmental disabilities;

(2) are provided in accordance with the department’s Residential Supported-Living