2017 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, an impartial grievance system, and provider incentives to fully implement § 1921(a)(14) and (15) of Title 24.

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

a. Eligible participant option to hire, supervise, authorize payment to and dismiss attendants.

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

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.

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; 80 Del. Laws, c. 63, § 1.;