Current through Register Vol. 50, No. 9, September 20, 2024
A. The target
population for the Community Choices Waiver (CCW) includes individuals who:
1. are 65 years of age or older; or
2. are 21-64 years of age with a physical
disability; and
3. meet nursing
facility level of care requirements.
4. Repealed.
B. Services are provided under the provisions
of the approved waiver agreement between the Centers for Medicare and Medicaid
Services (CMS) and the Louisiana Medicaid Program.
C. Requests for Community Choices Waiver
services shall be accepted from the following:
1. an individual
requestor/applicant;
2. an
individual who is legally responsible for a requestor/applicant; or
3. a responsible representative designated by
the requestor/applicant to act on his/her behalf.
D. Each individual who requests Community
Choices Waiver services has the option to designate a responsible
representative. For purposes of these provisions, a responsible representative
shall be defined as the person designated by the individual to act on his/her
behalf in the process of accessing and/or maintaining Community Choices Waiver
services.
1. The appropriate form authorized
by the Office of Aging and Adult Services (OAAS) shall be used to designate a
responsible representative.
a. The written
designation of a responsible representative does not take away the right of the
individual to continue to transact business on his/her own behalf nor does it
give the representative any legal authority other than as specified in the
designation form.
b. The written
designation is valid until it is revoked by the individual granting the
designation. To revoke the written designation, the revocation must be
submitted in writing to OAAS or its designee.
2. The functions of a responsible
representative are to:
a. assist and
represent the individual in the assessment, care plan development and service
delivery processes; and
b. to aid
the participant in obtaining all of the necessary documentation for these
processes.
3. No
individual, unless granted an exception by OAAS, may concurrently serve as a
responsible representative for more than two participants in OAAS-operated
Medicaid home and community-based service programs. This includes but is not
limited to:
a. the Program of All-Inclusive
Care for the Elderly (PACE);
b.
long term-personal care services (LT-PCS);
c. the Community Choices Waiver;
and
d. the Adult Day Health Care
(ADHC) Waiver.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and Title XIX of the Social Security
Act.
