2014 Missouri Revised Statutes
TITLE XI EDUCATION AND LIBRARIES (160-186)
Chapter 178 Special Schools and Instruction and Special Districts
Section 178.662 (Repealed L. 2005 S.B. 539 § A)

178.662. 1. Subject to appropriations, the division shall provide financial assistance for participant-directed personal care assistance services through eligible vendors, except for the provisions of subsection 3 of this section, to each person selected to participate under guidelines established by the division and who:

(1) Is employed or is ready for employment, or is capable of living independently with personal care assistance;

(2) Is physically disabled;

(3) Has a documented need for a minimum of seven or a maximum of forty-two hours per week of personal care assistance or, if more than forty-two hours per week are required, substantial documentation may be used to support a request for additional time; and

(4) Is in financial need as determined by the division according to a standard means test.

2. Personal care assistance services shall be provided, at cost to the division, to the client to the extent that he is determined to be in financial need. Such need shall be determined by reducing the client's after-tax income by an amount equal to the client's necessary living expenses. Financial assistance shall be decreased as the client's ability to pay increases, in accordance with a schedule set out in the client's personal care assistance plan.

3. Upon vendor certification of the employment of a personal care attendant, the division or the vendor, at the vendor's option, shall perform the payroll and fringe benefit accounting functions for the client. The vendor shall accumulate required employee authorizing documentation and forward to the division. Although the division or the vendor shall perform the payroll and fringe benefit functions, all local monitoring and supervision of the attendant shall be the responsibility of the vendor and client. Statutorily required fringe benefit costs shall be paid from the personal care assistant appropriation. The division shall establish the statewide hourly rate for attendant services. For purposes of this section, the attendant is considered the employee of the client only for the period of time subsidized by personal care assistant funds. Nothing in this section shall be construed such that the attendant is the employee of the division or the state of Missouri.