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The department will pay the nursing facility rate established for care in that particular facility beyond the 100th day. (b) Rejection or nonpayment by Medicare of services provided by a nursing facility because the services were custodial in nature or because the facility did not choose to participate as a Medicare provider is not, by itself, justification for the department to make full payment to a nursing facility during the period from the 1st to the 100th day of care at a nursing facility. The department will make payment to the nursing facility in accordance with the level of care appropriate to the recipient’s needs as determined by the nursing facility’s utilization review committee and approved by the department. (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 7 AAC 140.595. Definitions. In 7 AAC 140.500 — 7 AAC 140.595,

(1) “licensed nursing personnel” means those persons who are registered nurses or licensed practical nurses;

(2) “utilization review committee” means the facility-based medical review team composed of private physicians and other professional persons. (Eff. 2/1/2010, Register 193) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 Article 8. Intermediate Care Facility for Individuals with an Intellectual Disability or Related Condition Services. Rule