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(e) The department will pay for family-directed respite care services if the services are
(1) provided for a recipient in one of the following recipient categories:
(A) children with complex medical conditions;
(B) individuals with intellectual or developmental disabilities;
(2) provided through a home and community-based waiver services provider that
(A) is certified under 7 AAC 130.220 to provide respite care services;
(B) has on file with the department a current letter of agreement acknowledging responsibility for
(i) complying with the requirements of AS 47.05.017 with respect to an individual retained and directed by a family to provide respite care services under this subsection; and
(ii) ensuring that the retention and direction of an individual by a family to provide respite care services under this subsection is in accordance with municipal, state, and federal law pertaining to employment of that individual, including applicable provisions of 26 U.S.C. (Internal Revenue Code), and to protection of the health, safety, and welfare of the recipient;
(C) submits claims for family-directed respite care services; and
(D) pays the individuals retained by the family to provide family-directed respite care services;
(3) directed by a primary unpaid caregiver that
(A) in regard to the individuals selected to provide family-directed respite care services
(i) identifies and trains the individuals that meet the requirements for respite care services direct care workers specified in the department’s Respite Care Services Conditions of Participation, adopted by reference in 7 AAC 160.900; and
(ii) completes and signs timesheets for individuals;
(B) provides, to the home and community-based waiver services provider that has prior authorization for the family-directed respite care services, written assurance that the primary unpaid caregiver understands the risk that the primary unpaid caregiver assumes for family-directed respite care services; and
(C) does not identify, train, or sign timesheets for individuals that provide family-directed respite care services for other recipients; and
(4) consistent with the following limitations: