7 Alaska Admin. Code § 130.290

Current through September 25, 2024
Section 7 AAC 130.290 - Transportation services
(a) The department will pay for transportation services that
(1) are provided in accordance with the department's Transportation Services Conditions of Participation, adopted by reference in 7 AAC 160.900;
(2) are approved under 7 AAC 130.217 and 7 AAC 130.218 as part of the recipient's support plan;
(3) receive prior authorization; and
(4) are provided in a vehicle that is owned or commercially leased by a home and community-based waiver services provider agency, unless otherwise approved under (b) of this section; the department will not certify, as a provider of services under 7 AAC 130.220(a)(l)(I), an agency that uses only employee- or volunteer-owned vehicles for that service.
(b) Notwithstanding (a)(4) of this section, the department will approve transportation services in an employee- or volunteer-owned vehicle if the department determines that no other transportation options, including natural supports, are available for a recipient; a home and community-based waiver services provider agency that authorizes an employee or volunteer to transport a recipient in an employee- or volunteer-owned vehicle must ensure and document that
(1) the vehicle is safe and suitable for the transportation needs of the recipient;
(2) the driver is capable of transporting the recipient in a safe manner; and
(3) either the agency or the driver has automotive liability insurance for the employee- or volunteer-owned vehicle that includes coverage, in the event of an accident, for any recipient.
(c) The department will consider services to be transportation services under this section if the services enable a recipient and, if necessary, an escort that receives prior authorization under (a)(3) of this section, to travel to and return from locations where
(1) home and community-based waiver services are provided; or
(2) other services and resources are available.
(d) The department will pay for trip segments that
(1) transport a recipient from one location to another location, except that incidental stops do not constitute a location where a trip segment begins or ends; and
(2) are documented in a travel log that includes
(A) the name of the recipient and any escort;
(B) the date the service is provided;
(C) the time at the beginning and end of each trip segment;
(D) the pick-up point and drop-off location for each trip segment; and
(E) if the vehicle operator waits for the recipient, the time at the beginning and end of that waiting period.
(e) The department will not pay under this section for
(1) medical transportation services that are authorized under 7 AAC 120.400- 7 AAC 120.490;
(2) transportation under 7 AAC 130.260 or 7 AAC 130.265;
(3) transportation to destinations that are over 20 miles from the recipient's residence, unless approved by the department in the recipient's support plan;
(4) transportation to run errands for a recipient without the recipient's presence in the vehicle; or
(5) transportation that involves stops during which time the vehicle operator waits for a recipient longer than 15 minutes, except at the rate established under 7 AAC 145.520 for trip segments less than 20 miles.
(f) In this section,
(1) "escort" means an individual that
(A) accompanies a recipient on travel described in (c) and (d) of this section in order to meet the recipient's mobility needs; and
(B) is not another recipient, the driver of the vehicle, or another individual employed by the provider, unless that individual is providing another home and community-based waiver service or personal care services under 7 AAC 125.010 - 7 AAC 125.199 at the time that the individual acts as an escort;
(2) "incidental stop" means an interval of 15 minutes or less during which the recipient may or may not leave the vehicle and the vehicle operator waits for the recipient or disembarks to run an errand for that recipient while the recipient remains in the vehicle;
(3) "trip segment" means travel to a location where the recipient disembarks for an approved purpose, and the vehicle operator
(A) leaves the recipient at that location for pickup at a later time by that or another vehicle operator; or
(B) remains at that location because the distance involved in travel to that location makes it unfeasible for that or another vehicle operator to pick up the recipient at a later time.

7 AAC 130.290

Eff. 2/1/2010, Register 193; am 7/1/2013, Register 206; am 7/1/2015, Register 214, July 2015; am 11/5/2017, Register 224, January 2018; am 3/3/2021, Register 238, July 2021; am 10/16/2022, Register 244, January 2023

Authority:AS 47.05.010

AS 47.07.030

AS 47.07.040