Current through Register No. 40, October 3, 2024
(a)
"Significant alteration" means a closure, location change, or other change that
restricts access to services.
(b)
Title III services shall be terminated when:
(1) The individual no longer meets the
eligibility requirements for Title III services as described in
He-E
502.05;
(2) Funding for the service(s) is no longer
available;
(3) The individual no
longer requires the service(s);
(4)
The individual or his or her authorized representative requests that the
service(s) be terminated;
(5) The
individual relocates to a geographical area outside the service delivery area
or to an institutional setting;
(6)
The contract agency's contract to provide services is terminated; or
(7) The individual expires.
(c) The individual or his or her
authorized representative shall be notified in writing by the contract agency
when the following services are terminated pursuant to (a)(1)-(6) above:
(1) Adult day program services;
(2) Adult in-home care services;
(3) Home health aide services;
(4) Homemaker services;
(5) Nursing services; and
(6) Nutrition services: home delivered
meals.
(d) The notice of
termination shall specify:
(1) The service(s)
to be terminated;
(2) The reason(s)
for terminating the service(s);
(3)
The date upon which the service(s) shall be terminated which shall be 30
calendar days from the date of the notice, unless a request for an informal
resolution or appeal has been filed as described in
He-E
502.10; and
(4) The contact information for the contract
agency staff member who completed the notice.
(e) The contract agency shall keep a copy of
the termination in the individual's service record.
(f) The contract agency shall make a notation
in the individual's service record when the individual or his or her authorized
representative elects to terminate services.
(g) The contract agency shall send written
notice to BEAS when services are terminated for individuals receiving the
following Title III service authorized services:
(1) Adult day program services;
(2) Adult in-home care services;
(3) Home health aide services;
(4) Homemaker services;
(5) Nutrition services: congregate meals,
and
(6) Nutrition services: home
delivered meals.
(h) The
contract agency shall keep a copy of the notice sent in (f) above in the
individual's service record.
(i) If
a contract agency wishes to terminate services to an eligible individual who is
currently receiving services because the contract agency determines that the
individual's behavior or living environment creates a health or safety hazard
for contract agency staff, then:
(1) The
contract agency shall:
a. Consult with BEAS
staff for assistance in determining possible remedies other than
termination;
b. Following
consultation with BEAS, document and report to BEAS the outcome of each
additional effort made to resolve the situation;
c. Send BEAS written notification of a final
decision to terminate including a summary of the efforts the contract agency
has made to resolve the situation prior to sending the termination notice to
the individual; and
d. Document in
the individual's service record a description of the individual's behavior(s)
or living environment that created a health or safety hazard for contract
agency staff, as well as the contract agency's attempts to continue to provide
services; and
(2) The
contract agency shall send written notice to an individual within 5 business
days of notifying BEAS in (1)d. above.
(3) When an individual's behavior or living
environment presented a perceived imminent danger to contract agency staff or a
contract agency volunteer, the contract agency may choose to temporarily
suspend service until the requirements in (i)(1) above can be met.
(j) The individual or the
individual's authorized representative shall be notified when the following
services are significantly altered:
(1) Adult
day program services;
(2) Adult
in-home care services;
(3) Home
health aide services;
(4) Homemaker
services;
(5) Nursing services;
and
(6) Nutrition services: home
delivered meals.
(k) The
notice of significant alteration shall specify:
(1) The service(s) to be significantly
altered;
(2) The reason(s) for the
significant alteration;
(3) The
date upon which the service(s) shall be significantly altered; and
(4) The contact information for the contract
agency staff member who completed the notice.
(See Revision Note at part heading for He-E 502) #10530,
eff 2-28-14
