2014 Idaho Statutes
Title 39 - HEALTH AND SAFETY
Chapter 56 - PERSONAL ASSISTANCE SERVICES
Section 39-5603 - STANDARDS FOR PROVISION OF PERSONAL ASSISTANCE SERVICES.
The following standards for provision of personal assistance services and other provisions contained throughout this chapter and rules shall apply to participants and providers receiving or providing personal assistance services either as a medicaid option service or a waivered service, unless prohibited by federal law or contents of the federal waiver agreement.
(1) Personal care services shall be included in the medicaid services described in section 56-255(3) and (4), Idaho Code.
(2) Attendant care shall be included as a service under medicaid home and community-based waiver(s).
(3) All attendant care services must be authorized by the department or its designee.
(4) The department will establish by rule maximum hours per month of personal care services available to the individual participant under the state medicaid plan.
(5) The department shall enter into agreements with providers for the provision of personal assistance services. A single provider may operate as both a personal assistance agency and a fiscal intermediary agency. However, the agency must clearly document whether it is operating as a personal assistance agency or as a fiscal intermediary for each participant. The department may deny provider status or revoke that status when a provider is found to endanger the health, person or property of the participant, or is in violation of rules promulgated by the department or the provider agreement.
(6) A personal assistance agency shall have the responsibility for the following:
(7) A fiscal intermediary agency shall have the responsibility for the following:
(8) Personal assistants are not employees of the state.
(9) Service coordination shall be made available to personal assistance participants where and when appropriate. In order to avoid a conflict of interest, service coordination shall not be provided by the same agency that provides personal assistance services to the participant.
(10) The department's regional medicaid staff shall review and approve the individual service plan, authorize personal assistance services, the hours of service, and make appropriate referrals for service coordination for eligible individuals.
(11) The department shall establish and maintain a community awareness program that will educate Idaho citizens regarding the purpose and function of all long-term care alternatives including, but not limited to, personal assistance services and individual participant rights. This program will be developed in cooperation with other state agencies including, but not limited to, the commission on aging and the state independent living council.
(12) It shall be the responsibility of the participant or his designee or legal representative, when appropriate, to select the provider of personal assistance services.
(13) The department shall provide the participant, his designee or legal representative, with a list of available providers of personal assistance services; however, this does not relieve the participant or his designee or legal representative of the responsibility of provider selection.
(14) In those cases where the participant or his designee or legal representative cannot arrange for personal assistance services or asks for help in making arrangements, a representative of the department may arrange for or help arrange for personal assistance services on behalf of the participant.
History:
[(39-5603) 39-A4703, added 1981, ch. 65, sec. 1, p. 93; am. & redesig. 1990, ch. 326, sec. 3, p. 890; am. 1997, ch. 316, sec. 2, p. 934; am. 1998, ch. 224, sec. 2, p. 771; am. 2000, ch. 274, sec. 124, p. 861; am. 2006, ch. 283, sec. 1, p. 869; am. 2007, ch. 222, sec. 3, p. 666; am. 2010, ch. 347, sec. 3, p. 906.]
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