2014 Delaware Code
Title 16 - Health and Safety
CHAPTER 94. COMMUNITY-BASED ATTENDANT SERVICES
§ 9404. Powers and duties

In furtherance of the purposes of this chapter, and within the limits of appropriations and other available funds, the Department shall have the following powers and duties:

(1) Develop and implement a statewide community-based attendant services program either directly or through contractual arrangements with other public or private agencies;

(2) Establish and periodically revise an income-based sliding fee schedule for attendant services for eligible participants;

(3) Consistent with definitions in § 9403 of this title, clarify program eligibility and the scope of authorized services;

(4) Establish program operation standards which ensure prompt determination of applications, periodic review of eligibility, participant satisfaction assessment, and an impartial grievance system;

(5) Ensure that the primary program service delivery model is participant-directed and includes the following features:

a. Eligible participant option to hire, supervise, pay and dismiss attendants;

b. Availability of eligible participant training to facilitate adoption of employer role; and

c. Authorization of eligible participant to act through guardian or appointed representative;

(6) Ensure that attendant services are provided in conformity with a written individualized service plan, whose format shall be specifically prescribed by regulation, developed and approved as follows:

a. The plan shall be jointly prepared by the Department and eligible participant, and, in the participant's discretion, other persons with special expertise or interest, including family members;

b. The plan shall be based on an individualized needs assessment;

c. The contents of the plan shall be fully explained to the eligible participant and implemented only after written endorsement by both the Department and eligible participant;

d. In the event that endorsement is withheld, the plan shall be partially implemented in contexts in which consensus is achieved;

e. The plan shall describe the nature, frequency and financial aspects of itemized attendant services; and

f. The plan shall include services onset, review, and ending dates;

(7) Prepare an annual report which describes the number of program participants; profiles of participants, including types of disabilities, geographical location and services provided; financial expenditures; participant satisfaction data; and such other information recommended by the Advisory Council;

(8) Investigate and assess the availability of federal and other funding to support implementation of this chapter.

73 Del. Laws, c. 193, § 1.;