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(2) be likely to continue indefinitely; and

(3) constitute a substantial disability to the individual’s ability to function in society,

(A) as measured by the Inventory for Client and Agency Planning (ICAP), adopted by reference in 7 AAC 160.900, and as evidenced by a broad independence domain score equal to or less than the cutoff scores in the department’s Table of ICAP Scores by Age, adopted by reference in 7 AAC 160.900; or

(B) for a recipient receiving services in an ICF/11D in another state, as measured by the assessment tool authorized for use in that state. (e) No more than 120 days after the date it receives a request for ICF/IID authorization, the department will evaluate that request in accordance with (a) of this section and make a determination. In that determination, the department will concur in the placement and authorize payment, deny authorization for payment, or request that the interdisciplinary team assigned under 7 AAC 140.605 provide additional information. (f) If the department, as part of its determination under (c) of this section, finds that sufficient justification does not exist to continue a recipient’s placement in a facility, the department will recommend to the facility that alternative placement be found or the recipient be discharged. The department will give the facility 30 days after the date of the determination for the facility to arrange for discharge or alternative placement of a recipient. At the end of that 30-day period, if the recipient has been recommended for discharge and the facility has not yet discharged the recipient, the department will terminate payment to the facility. (g) A facility that is denied authorization for payment may appeal under 7 AAC 105.280. A recipient whose continued placement is denied may request a hearing under 7 AAC 49. (Eff. 2/1/2010, Register 193; am 1/22/2023, Register 245) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030 AS 47.07.040 Editor’s note: As of Register 207 (October 2013), and acting under AS 44.62.125(b)(6) and sec. 29, ch. 42, SLA 2013, the regulations attorney made technical changes to 7 AAC 140.600, to change “intermediate care facility for the mentally retarded” to “intermediate care facility for individuals with an intellectual disability or related condition,” to change “(ICF/MR)” to “(ICF/IID),” to change “qualified mental retardation professional” to “qualified intellectual disability professional,” to change “mental retardation” to “intellectual or developmental disability,” and to change “individuals with mental retardation” to “individuals with intellectual or developmental disabilities.” Chapter 42, SLA 2013 amended terminology in the Alaska Statutes to replace references to “mental retardation” and “mentally retarded” with more current terms.