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(4) do not exceed the maximum number of hours and days specified in (c) of this section. (b) The department will consider services to be respite care services if the services are provided

(1) in one or more of the following locations, for hourly respite care services:

(A) the recipient’s home;

(B) the private residence of the respite care provider;

(C) a licensed facility specified in (d)(1) of this section;

(D) another community setting if that setting is appropriate for the needs of the recipient and the recipient’s health, safety, and welfare will not be placed at risk;

(2) in one or more of the following locations, for daily respite care services:

(A) the recipient’s home;

(B) a licensed facility specified in (d)(1) of this section;

(3) because of the absence or need for relief of the following caregivers only:

(A) a primary unpaid caregiver;

(B) a provider of family home habilitation services under 7 AAC 130.265(b), except that the department will not pay claims for daily respite care services under (c)(2) of this section and family home habilitation services for the same time period; and

(4) to replace the caregiver’s oversight, care, and support needed by the recipient to remain in the recipient’s community and to prevent risk of institutionalization; in this paragraph, “institutionalization” does not mean the temporary arrangement for respite care services in a facility specified in (d)(1) of this section. (c) The department will not pay for respite care services that exceed the following duration limits:

(1) 520 hours of hourly respite care services per year, unless the department approves more hours because the lack of additional care or support would result in risk of institutionalization, and except that under this paragraph the department will not pay more than the daily rate established in 7 AAC 145.520 for respite care services provided to a recipient in the adults with physical disabilities category;

(2) 14 days of daily respite care services per year; for purposes of this paragraph, daily respite care services for the time that includes the recipient’s usual nightly sleep period must be provided in the recipient’s home or in the types of facilities specified in (d)(1) of this section. (d) The department will pay under this section for respite care services subject to the following limitations: