Code of Maine Rules
14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
197 - OFFICE OF AGING AND DISABILITY SERVICES
Chapter 11 - CONSUMER-DIRECTED PERSONAL ASSISTANCE SERVICES
Section 197-11-06 - POLICIES AND PROCEDURES
Universal Citation: 14 ME Code Rules ยง 197-11-06
Current through 2024-38, September 18, 2024
(A) Eligibility Determination
An eligibility assessment, using the Department's approved Medical Eligibility Determination (MED) form, shall be conducted by the Department or the ASA. All Home Based Care services require an eligibility determination and prior authorization by the Authorized Agent to determine eligibility pursuant to Section 11.02.
(1) The ASA will accept verbal or written
referral information on each prospective new consumer, to determine
appropriateness for an assessment. When funds are available to conduct
assessments, prospective consumer's will receive a face to face medical
eligibility determination assessment at their current residence within fifteen
(15) business days of the date of referral to the Authorized Agent. All
requests for assessments shall be documented indicating the date and time the
assessment was requested and all required information provided to complete the
request. The individual conducting the assessment shall be a Registered Nurse
(RN), occupational therapist (OT) or a certified occupational therapy assistant
(COTA), whose work will be reviewed and signed off by an OT, and will be
trained in conducting assessments and developing an authorized plan of service
with the Department's approved MED tool. The assessor's findings and scores
recorded in the MED form shall be the basis in establishing eligibility for
services and the authorized plan of service. The anticipated costs of covered
services to be provided under the authorized plan of service must conform to
the limits set forth in Section 11.03(A).
(2) The ASA shall inform the consumer of
available community resources and authorize a plan of service that reflects the
identified needs documented by scores and timeframes on the MED form, giving
consideration to the consumer's living arrangement, informal supports, and
services provided by other public and private funding sources. CDHBC services
provided to two or more consumer's sharing living arrangements shall be
authorized by the Authorized Agent with consideration to the economies of scale
provided by the group living situation, according to limits in Section 11.03.T
he Authorized Agent shall authorize a plan of service based upon the scores and
findings recorded in the MED assessment. The covered services to be provided in
accordance with the authorized plan of service shall: 1) not exceed the lesser
of the monthly plan of service authorized by the Authorized Agent or the
Maximum Authorized Service established by Department of Health and Human
Services; and 2) be prior authorized by the Department or its Authorized Agent.
The assessor shall approve an eligibility period for the consumer, based upon
the scores and needs identified in the MED assessment and the assessor's
clinical judgment.
(3) The
assessor will provide a copy of the authorized service plan, in a format
understandable by the average reader and approved by the Department, a copy of
the eligibility notice, release of information and the appeal hearing rights
notice, to the consumer at the completion of the assessment. The assessor will
inform the consumer of the estimated co-payment and the cost of services
authorized.
(4) The assessor shall
forward the fully completed assessment packet to the Department within five (5)
business days of the medical eligibility determination and authorization of the
plan of service. The Department will not approve eligibility or payment without
a fully completed assessment.
(5)
The Authorized Agent will complete initial skills training within thirty (30)
days of the date of the completion of the medical eligibility determination
form. Payment of Consumer Directed services can begin only after the Department
is notified that the consumer has successfully completed this training and the
complete medical eligibility packet has been received.
(B) Waiting List
(1) consumer's will be assessed on a first
come, first served basis.
(2) For
consumer's found ineligible for CDHBC services the Authorized Agent will inform
each consumer of alternative services or resources, and offer to refer the
person to those other services.
(3)
When funds are not available to serve new consumer's, or to increase needed
services to current consumer's, a waiting list will be established by the
Department in consultation with the Authorized Agent. Individuals on the
waiting list will be interviewed by the Authorized Agent by phone for a
pre-admission screening to determine their potential eligibility. As funds
become available consumer's will be taken off the list, fully assessed, and
served on a first come, first served basis.
(4) When there is a waiting list, the
Authorized Agent will inform each consumer who is placed on the waiting list of
alternative services or resources, and offer to refer the person to those other
services.
(5) The Authorized Agent
will maintain one statewide waiting list.
(6) The Authorized Agent must suspend
services if the consumer is hospitalized or using institutional care. If such
circumstances extend beyond thirty (30) days, the consumer participation in the
program will be suspended, and the consumer will be reassessed to determine
medical eligibility for these services. consumer's will continue to receive
their prior level of service until a reassessment is completed. The
reassessment will be conducted within two weeks following the consumer's
discharge from the hospital or institutional care facility.
(C) Reassessment and Continued Services
(1) For all
consumer's under this section, in order for the reimbursement of services to
continue uninterrupted beyond the approved classification period, a
reassessment and prior authorization of services is required and must be
conducted within the timeframe of 15 days prior to and no later than the
reassessment due date. CDHBC payment ends with the reassessment date, also
known as the end date.
(2) The
Authorized Agent shall review, face-to-face, with the consumer, at the
consumer's residence, the medical eligibility for services at least twice
during the first six months the consumer received services under this section
and at least annually thereafter, or when there is a significant change as
defined in 11.01(FF). The agent shall provide consumer instruction services as
needed by the individual consumer to demonstrate competency in the direction
and management of the PA for initially instructing the consumer in the
management of Personal Assistants and additional instruction as
needed.
(3) Significant change
reassessments will be requested by the consumer. According to the definition in
Section 11.01(DD) the Authorized Agent will review the request and the most
recent assessment to determine whether a reassessment is warranted and has the
potential to change the level of service or alter the authorized plan of
service.
(4) For consumer's
currently under the appeal process, reassessments will not be conducted unless
the consumer experiences a significant change as defined in Section 11.01(GG)
or no longer has the ability to self direct as defined in Section
11.01(EE).
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