Current through Register Vol. 43, No. 39, September 26, 2024
Each contracting CDDO shall perform the following:
(a) Implement the approved service area
procedures specified in K.A.R. 30-64-21;
(b) collect and report to the secretary, in a
manner specified by the commission, all information requested by the
commission, including the following:
(1)
Information required by the basic assessment and services information system
(BASIS);
(2) copies of the plans
of care detailing home-and community-based services to be provided to persons
served by that program;
(3) copies
of independent financial audits obtained by the CDDO, as well as any management
letters generated as a result of the audits; and
(4) any other information or records the CDDO
has that the commission needs in order to monitor how services are provided in
the CDDO's service area;
(c) organize a council of community members
as specified in K.A.R. 30-64-31;
(d) organize a local committee on quality
assurance as specified in K.A.R. 30-64-27;
(e) ensure that all services are provided in
a manner that meets these requirements:
(1)
Provides to all persons equal access to services, including to persons
currently residing in any ICF/MR or institution but referred to the CDDO for
possible services;
(2) provides
that each person receiving or applying for community services, and that
person's guardian if one has been appointed, receives information at least
annually, communicated in a format appropriate for the person to understand,
regarding the following:
(A) The types of
community services available in the person's service area and information
concerning the providers of those services; and
(B) the rights of persons served pursuant to
the developmental disabilities reform act and implementing regulations, the
content of which shall be approved by the commission;
(3) enables a person or the person's
guardian, if one has been appointed, to choose the person's community service
provider; and
(4) promotes the
efficient delivery of services within the service area; and
(f) ensure that each community
service provider entering into an affiliating agreement with the CDDO and
operating within the CDDO's service area abides by the procedures applicable to
that service area as established by the CDDO according to K.A.R. 30-64-21. In
meeting this requirement, the CDDO may establish a procedure that would allow
the CDDO to refuse to enter into or continue an affiliation agreement with any
community service provider under any of these circumstances:
(1) If the provider refuses to accept a
reimbursement rate for services to be provided that is at least equal to that
established by the secretary to apply to the CDDO, or as agreed to in the
affiliation agreement with the CDDO;
(2) if the provider has established a pattern
of failing or refusing to abide by the service area procedures established by
the CDDO according to K.A.R. 30-64-21, or failing to comply with its
affiliation agreement with the CDDO; or
(3) if the CDDO demonstrates to the
satisfaction of the secretary that being required to enter into the affiliating
agreement would seriously jeopardize the CDDO's ability to fulfill its
responsibilities either under these regulations or pursuant to its contract
with the secretary.
