Section 7 AAC 130.231 - Services during temporary absence(a) The department will pay for home and community-based waiver services rendered to a recipient during a recipient's temporary absence from the recipient's community when the recipient travels to another location within the state or to an out-of-state destination, if the services(1) are provided by a home and community-based waiver services provider that is certified under 7 AAC 130.220;(2) are limited to the following: (A) day habilitation services under 7 AAC 130.260;(B) supported-living habilitation services under 7 AAC 130.265(e);(C) in-home support habilitation services under 7 AAC 130.265(i);(D) hourly respite care services under 7 AAC 130.280;(E) adult day services under 7 AAC 130.250;(F) employment services under 7 AAC 130.270;(3) are approved under 7 AAC 130.217 and 7 AAC 130.218 as part of the recipient's support plan; and(4) receive prior authorization.(b) A request for services for a recipient under this section must show that (1) the services are necessary to maintain the recipient's current level of functioning or to prevent placing the recipient at risk of institutionalization;(2) the services provided during the recipient's temporary absence are the same as those provided when the recipient is in the recipient's community, and are at the level approved in the recipient's support plan;(3) the absence is justified as (A) a medical necessity documented by a physician licensed under AS 08.64;(B) an educational opportunity of limited duration that is not available in the recipient's community or in the state, and that will enhance the recipient's capacity to attain the goals outlined in the recipient's support plan; or(4) the absence will be for a period of at least 24 hours; the total period for which the recipient may receive services under this section may not exceed 30 days during the period that a support plan is in effect;(5) the recipient meets the requirements of 7 AAC 100.064 if travel is to be out-of-state; and(6) the home and community-based waiver services provider will (A) maintain an employer relationship with any employee traveling with and providing services to a recipient during a temporary absence; and(B) supervise that employee during the provision of those services.(c) Notwithstanding (b)(4) of this section, the department may approve a temporary absence of more than 30 days during the period that a support plan is in effect, if (1) a physician licensed under AS 08.64 justifies a longer temporary absence as a medical necessity under (b)(3)(A) of this section; or(2) the department determines in advance that the benefits to the recipient of an educational opportunity under (b)(3)(B) of this section justify a longer temporary absence.(d) The department will not pay for (1) transportation, room and board, or any other expenses for any individual providing services under this section; or(2) services provided in a location other than this or another state.Eff. 7/1/2013, Register 206; am 11/5/2017, Register 224, January 2018; am 3/31/2021, Register 238, July 2021; am 9/9/2021, Register 239, October 2021Authority:AS 47.05.010
AS 47.07.030
AS 47.07.040