Page 2655

whether each intervention was successful or unsuccessful; and

(D) indicates how additional day habilitation services will not duplicate or supplant other services rendered to the recipient. (d) Notwithstanding (b)(1) of this section, the department will waive the requirement for provision of day habilitation services in a nonresidential setting if the provider documents to the department’s satisfaction, in a format provided by the department,

(1) the unavailability of a suitable non-residential setting in the community or location in which the services are to be provided, except that services under this section may not be provided in the private residence of a recipient; and

(2) the setting where day habilitation services are to be provided will

(A) offer opportunities for activities appropriate for the recipient population to be served; and

(B) be delivered in a manner that protects recipient health, safety, and welfare. (e) In this section,

(1) “critical need” means the condition resulting from the recipient’s circumstances that would result in institutionalization within the support plan if additional day habilitation services are not approved;

(2) “limited amount” means day habilitation services

(A) that exceed 624 hours in a plan year; and

(B) for which the department determines, on an hour-by-hour basis, that a recipient can reasonably be expected to engage in and benefit from active teaching or training, given that recipient’s physical or behavioral condition. (Eff. 2/1/2010, Register 193; am 7/1/2013, Register 206; am 10/1/2017, Register 223; am 11/5/2017, Register 224; am 10/1/2020, Register 235; am 9/18/2022, Register 243) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 7 AAC 130.265. Residential habilitation services. (a) The department will pay for residential habilitation services that