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Title 7 . Health and Social Services
Chapter 43 . Hearings
Section 787. Agency-based program; personal care agencies

7 AAC 43.787. Agency-based program; personal care agencies

(a) A personal care agency in the agency-based program may provide personal care services for a recipient who does not yet have a PCAT service plan approved by the department under 7 AAC 43.751, if the recipient

(1) is being or has been discharged from an acute care facility or a nursing facility;

(2) has a discharge plan or a physician's confirmation of diagnosis and request for personal care services to begin immediately upon discharge from an acute care facility or a nursing facility, and home health services are not available or indicated; and

(3) has a plan to have an assessment done by the department or its designee within three days after discharge from an acute care facility or nursing facility; the three-day period may be extended if the department or its designee is not available to conduct the assessment within three days.

(b) A personal care agency in the agency-based program may provide personal care services for a recipient who does not yet have a PCAT service plan approved by the department under 7 AAC 43.751, if the recipient's primary caregiver is absent due to an emergency and lack of personal care services will result in immediate hospitalization or placement in a nursing facility. The recipient must have an assessment done by the department or its designee within three days after the emergency caregiver absence occurs. The three-day period may be extended if the department or its designee is not available to conduct the assessment within three days.

(c) A personal care agency in the agency-based program may deny an application for employment of a personal care assistant for any reason subject to sanction under 7 AAC 43.950.

(d) Before the agency submits the application materials required under 7 AAC 43.793, the administrator of a personal care agency in the agency-based program shall

(1) attend a department orientation;

(2) establish the agency's policy on termination of services to be provided to recipients; and

(3) establish a grievance procedure for employees.

(e) A newly employed administrator of an existing agency-based program shall attend a department orientation within six months after the date of hire by the personal care agency, if the department does not have documentation that any other current employee of the personal care agency has attended a mandatory department orientation.

History: Eff. 6/27/92, Register 122; readopt 8/7/96, Register 139; am 10/1/2001, Register 159; am 1/1/2002, Register 160; am 6/19/2004, Register 170; am 4/1/2006, Register 177

Authority: AS 47.05.010

AS 47.07.030

Editor's note: Effective 8/7/96, Register 139, the Department of Health and Social Services readopted 7 AAC 43.787 in its entirety, without change, under AS 47.05 and AS 47.07. Executive Order No. 72 transferred certain rate-setting authority to the department.


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Last modified 7/05/2006