Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES
Subchapter 37.40.11 - Personal Assistance Services
Rule 37.40.1117 - SELF-DIRECTED PERSONAL ASSISTANCE SERVICES: MEMBER REQUIREMENTS
Universal Citation: MT Admin Rules 37.40.1117
Current through Register Vol. 18, September 20, 2024
(1) To qualify for self-directed Personal Assistance Services (PAS), the member:
(a) must be capable of assuming the
management responsibilities of self-directed PAS or have a personal
representative willing to assume this responsibility. Management
responsibilities include the following:
(i)
recruit, hire, schedule, train, and dismiss all personal care
attendants;
(ii) develop a backup
plan for when a personal care attendant is unable to provide services. The
backup plan identifies the process for addressing the member's functional need
for service as identified on the service plan should the personal care
attendant be unable to deliver services;
(iii) review, approve, sign, and date all
service delivery records to provide assurance that the service plan has been
followed; and
(iv) assume medical
and related liability regarding the delivery of PAS.
(b) must obtain authorization from a
physician or health care professional to participate in the program;
(c) must obtain authorization prior to
service delivery and annually thereafter; and
(d) must be capable of making choices about
activities of daily living, understand the impact of these choices, and assume
the responsibility of the choices.
(2) The member may have a personal representative assume some or all of the responsibilities imposed by this rule. The personal representative is an immediately involved representative who meets the following criteria:
(a) is a person who
is directly involved in the daily care of the member;
(b) is available to assume the responsibility
of managing the member's care, including directing the care as it occurs in the
home; and
(c) will not be employed
by the member's PAS provider agency.
53-2-201, 53-6-101, MCA; IMP: 53-2-201, 53-6-113, MCA;
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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