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(8) a service that is available under a program funded under 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act) or 29 U.S.C. 730 (Rehabilitation Act);

(9) expenses that include

(A) incentive payments made to an employer to encourage or subsidize the employer’s participation in supported employment; and

(B) payments that are passed through to recipients of supported employment services; or

(10) employment services that

(A) do not align with work-related goals identified in a recipient’s person-centered support plan;

(B) are not planned to maximize the recipient’s independence and provide the minimum amount of support required for the recipient to obtain and maintain employment;

(C) do not result in recipient goal achievement and progress towards employment independence; or

(D) are provided in residential settings unless a recipient

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(8) a service that is available under a program funded under 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act) or 29 U.S.C. 730 (Rehabilitation Act);

(9) expenses that include

(A) incentive payments made to an employer to encourage or subsidize the employer’s participation in supported employment; and

(B) payments that are passed through to recipients of supported employment services; or

(10) employment services that

(A) do not align with work-related goals identified in a recipient’s person-centered support plan;

(B) are not planned to maximize the recipient’s independence and provide the minimum amount of support required for the recipient to obtain and maintain employment;

(C) do not result in recipient goal achievement and progress towards employment independence; or

(D) are provided in residential settings unless a recipient

(i)is operating a home-based business, including…#

(i) is operating a home-based business, including subsistence; or

(ii)has an agreement with the recipient’s employer to work…#

(ii) has an agreement with the recipient’s employer to work from home. (e) In this section, “subsistence” means a form of self-employment in which individuals produce, using culturally relevant and traditional methods, goods or services that are predominantly consumed by their own household or used for noncommercial customary trade or barter and that constitute an important basis for the worker’s livelihood. In this subsection, a form of self-employment that is “subsistence” and culturally relevant to American Indian or Alaska Native tribes may include the exchange of fish caught, or crops raised, by the individual with the disability for other goods produced by other members of the tribe that the individual needs to live and maintain the individual’s home. (f) Incidental assistance with the recipient’s activities of daily living described in 7 AAC 125.030(b) at the workplace is considered an ancillary part of employment services. (Eff. 2/1/2010, Register 193; am 7/1/2013, Register 206; am 7/1/2015, Register 214; am 10/1/2017, Register 223; am 11/5/2017, Register 224; am 3/31/2021, Register 238; am 9/9/2021, Register 239; am 9/18/2022, Register 243; am 5/25/2025, Register 254) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040