75.01
DEFINITIONS
(A)
Child means an individual who is not more than eighteen (18) years
of age.
(B)
Older
Individual means an individual who is 60 years of age or
older.
(C)
Family
Caregiver means an adult family member, or another individual, who is an
informal caregiver provider of in-home and community care to an older
individual.
(D)
Grandparent
or Older Individual Who is a Relative Caregiver means a grandparent or
step grandparent of a child, or a relative of a child by blood or marriage, who
is sixty (60) years of age or older and
(1)
lives with the child;
(2) is the
primary caregiver of the child because the biological or adoptive parents are
unable or unwilling to serve as the primary caregiver of the child;
and
(3) has a legal relationship to
the child, such as legal custody or guardianship or is raising the child
informally.
75.02
REQUIREMENTS OF AREA AGENCIES ON
AGING (AAA)
(A) In conducting the
Family Caregiver Support Program, AAA, or entities contracted with by the AAA,
will provide multifaceted systems of support services for family caregivers and
for grandparents or older individuals who are relative caregivers.
(B) The services provided by AAA or entity
that such agency has contracted with, shall include:
(1) information to caregivers about available
services;
(2) assistance to
caregivers in gaining access to services;
(3) individual counseling, organization of
support groups, and caregiver training to caregivers to assist the caregivers
in making decisions and solving problems relating to their caregiver
roles;
(4) respite care to enable
caregivers to be temporarily relieved from their caregiving responsibilities;
and
(5) supplemental services on a
limited basis {no more than twenty (20) percent of the federal funding} to
complement the care provided by caregivers.
(C) Respite care and supplemental services
may be provided to:
(1) The caregiver of an
older individual who needs assistance with at least 2 ADLs, which include only
bed mobility, transfer, locomotion, eating, toileting, bathing and dressing as
defined in Section 63.02(B) of this BEAS Policy Manual or has a cognitive or
other mental impairment that requires substantial supervision; or
(2) The grandparent (age 60 or older) or
older individual, as defined in 75.01 (B), who is a relative caregiver of a
child.
(D) Priority will
be given to older individuals with greatest social and economic need (with
particular attention to low-income older individuals) and older individuals
providing care and support to persons with mental retardation and related
developmental disabilities.
(E)
Funding shall not be used to provide respite or adult day services to the
caregivers of individuals who are eligible for or currently receiving other
state or MaineCare funded home and community-based services, including Private
Duty Nursing/Personal Care Services, or Respite Care for People with
Alzheimer's or Related Disorders, except when the care recipient is on a
waiting list for those services.
(F) Funds made available shall supplement,
and not supplant, any Federal, State or local funds currently being used to
provide services to caregivers.
(G)
No more than ten percent (10%) of the area agency's funds may be spent serving
older relative caregivers of children.
(H) AAA will set aside a portion of their
funding for joint activities with a statewide impact.
(I) Each AAA will set aside a portion of
funds allocated based on population seventy and older (70+) for
grants/contracts to local agencies to identify caregivers, link them to current
services or to work with community organizations for in-service training,
establishment of support groups, respite care and/or leadership
training.
(J) To the extent that
budgeted resources permit and to the extent that there is no waiting list for
respite services, funds appropriated under
22 MRSA
§7308 may be used to meet up to 80% of
the match requirement for the National Family Caregiver Support
Program.
75.03
STAFF REQUIREMENTS
The AAA must designate a minimum of one full time equivalent
staff, qualified through education and/or experience, to the Family Caregiver
Support Program. This requirement may be waived if the AAA can demonstrate that
it is adequately managing with an alternate staffing pattern.
75.04
RECORDS AND REPORTS
The AAA will make such reports, in such form and containing
such information as the Bureau may from time to time require, and comply with
such requirements as the Bureau may impose to assure the accuracy of these
reports.
75.05
RIGHT
OF APPEAL REGARDING FAMILY CAREGIVER SUPPORT
(A) Services may be denied, reduced or
terminated when:
(1) The individual
requesting services is not a family caregiver or grandparent or older
individual as defined in Section 75.01; or
(2) Based on the assessment done by the area
agency on aging, services are reduced to match the caregiver's needs;
or
(3) The caregiver voluntarily
requests a reduction or termination; or
(4) The caregiver or care recipient engages
in sexual or other illegal harassment of an employee or volunteer of a
provider; or
(5) The participation
of the caregiver or the care recipient puts others, including service
providers, in danger; or
(6) Funds
are not available.
(B)
Denial, reduction or termination of services under Section 75 must be done in
accordance with Section
40 of this manual.