Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 408.000 - Adult Foster Care Services
Section 408.434 - Adult Foster Care Caregiver Qualifications and Responsibilities

(1) uniformly administer an evaluation of all prospective AFC caregivers to ensure that the individuals meet all of the necessary qualifications defined in 130 CMR 408.434(B);

(2) conduct a Criminal Offender Records Information (CORI) check and determine whether any offender records may disqualify the individual from performing as an AFC caregiver;

(3) conduct a Sex Offender Registry Information (SORI) check;

(4) conduct Office of Inspector General (OIG) check;

(5) ensure that each AFC caregiver has received a tuberculosis screening within the prior 12 months, and thereafter every two years in accordance with current guidelines issued by the Centers for Disease Control and Prevention (CDC) and Massachusetts Department of Public Health;

(6) ensure that the AFC caregiver is not serving more than a total of three persons, no more than two of whom are authorized for AFC level II service payment, in the qualified setting regardless of service provided or payer source;

(7) ensure that all AFC caregivers are appropriately trained and managed; and

(8) ensure that the AFC caregiver is in the qualified setting to provide the appropriate amount of necessary care to meet the member's needs.

(1) be a responsible person who is at least 18 years old, with the ability to make mature and accurate judgments and with no mental, physical, or other impairments that would interfere with the adequate performance of the duties and responsibilities of an AFC caregiver;

(2) not suffer from alcohol or substance use disorder;

(3) be able to devote appropriate time necessary to provide needed personal care to the member to ensure the member's safety and well-being at all times;

(4) not be a family member, as defined in 130 CMR 408.402;

(5) not serve in another role within a member's MDT (e.g., cannot be a member's AFC care manager and also the member's AFC caregiver); and

(6) meet all other requirements established by the AFC provider for an AFC caregiver.

(1) supervise and assist with ADLs and IADLs of a member that is necessary for the member's health and well-being;

(2) monitor and report any nonurgent or nonemergency changes in the member's medical condition to the member's AFC provider. In cases of emergency, the AFC caregiver must report directly to the most appropriate provider and follow up with the AFC provider;

(3) maintain of the qualified setting consistent with the requirements of 130 CMR 408.435;

(4) complete a caregiver log;

(5) send the completed caregiver log at the end of each month to the program's registered nurse where it is maintained as part of the member's file;

(6) provide ongoing supervision to the member of health-related activities, such as:

(7) notify the AFC provider of the need for alternative care of the member; and

(8) immediately notify the AFC provider when any of the following events occur:

(1) AFC providers must provide AFC caregivers a minimum of eight hours of in-service training per year on topics that complement or reinforce the topics listed in 130 CMR 408.434(D)(2) with at least one hour of training on recognizing, responding to, communicating, and reporting changes in condition, critical incidences, emergencies, and knowledge of emergency procedures, including the AFC provider's fire, safety, and disaster plans. Records of completed training must be kept on file and updated regularly by AFC providers.

(2) The initial orientation training sessions must include the following topics: