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(1) the department will pay for room and board expenses incurred during the provision of respite care services only when the room and board are provided in

(A) a nursing facility;

(B) a general acute care hospital;

(C) an intermediate care facility for individuals with intellectual or developmental disabilities (ICF/IID);

(D) an assisted living home licensed under AS 47.32, if that home is not the recipient’s residence; or

(E) a foster home licensed under AS 47.32, if that home is not the recipient’s residence;

(2) the department will not pay for daily respite care services provided in a facility specified in (1) of this subsection at a rate in excess of the rate established for Medicaid providers under 7 AAC 105 — 7 AAC 160;

(3) the department will not pay for respite care services to

(A) relieve paid providers of Medicaid services, except providers of family home habilitation services under 7 AAC 130.265(b); or

(B) provide oversight for minor children, other than a recipient of home and community-based waiver services, in the home; for purposes of this subparagraph, “minor children” means unemancipated individuals under 18 years of age;

(4) the department will not pay for respite care services that are provided at the same time as

(A) other home and community-based waiver services that include care and supervision of the recipient; or

(B) personal care services under 7 AAC 125.010 — 7 AAC 125.199;

(5) the department will pay for hourly respite care services provided at the same time as one or more of the following services, except that an individual may not provide another service identified in this paragraph while rendering respite care services:

(A) chore services under 7 AAC 127.087;

(B) transportation services under 7 AAC 130.290;

(C) meal services under 7 AAC 130.295;

(6) the department will not pay for hourly respite care services provided to recipients receiving residential supported-living services under 7 AAC 130.255.