Current through Register No. 40, October 3, 2024
(a) The service
agreement describing services provided pursuant to He-M 524 shall:
(1) Be developed in accordance with
He-M
524.19(b),
He-M
503.10, excluding
He-M
503.10(c)-(e), and unless otherwise
listed below;
(2) Be developed
jointly by the individual, family, representative, providers, service
coordinator, and consultants in accordance with the individual's interests,
preferences, and needs and the family's and individual's or representative's
priorities;
(3) Include the
following:
a. A list of specific activities to
be carried out, including those regarding safety;
b. The specific schedule for the provision of
services;
c. Name(s) of the
person(s) responsible for providing the services;
d. Specific documentation
requirements;
e. Specific
contingency plans for assuring provision of service when the usual providers
are not available;
f. Emergency
contact information; and
g. An
individualized budget which specifies:
1.
Service components;
2. Duration and
frequency of services required; and
3. Itemized cost of services;
(4) Be amended at any
time by the individual, family, representative, service providers, service
coordinator, and others involved in the care of the individual through joint
discussion, written revision, and with indication of consent as shown by the
signature of the individual or representative; and
(5) Be reviewed, and if necessary, amended,
as required under (4) above, but at least annually, with:
a. Formal discussion of the individual's
progress in developing greater independence and life skills;
b. Documentation of the family's,
representative's, and individual's satisfaction with the service provision;
and
c. Provision and review of
information regarding personal rights and the complaint process.
(b) Within 5 business
days of completion of the service agreement, the area agency shall send the
individual, guardian, or representative the following:
(1) A copy of the expanded service agreement
signed by the area agency executive director or designee;
(2) The name, address, and phone number of
the service coordinator or service provider(s) who may be contacted to respond
to questions or concerns; and
(3) A
description of the procedures for challenging the proposed expanded service
agreement pursuant to
He-M
524.25 for those situations where the individual,
guardian, or representative disapproves of the expanded service
agreement.
(c) The
individual, guardian, or representative shall have 10 business days from the
date of receipt of the expanded service agreement to respond in writing,
indicating approval or disapproval of the service agreement. Unless otherwise
arranged between the individual, guardian, or representative and the area
agency, failure to respond within the time allowed shall constitute approval of
the service agreement.
(d) The
signature page of the service agreement shall document the individual's or
representative's informed consent and that the individual or representative has
been fully informed of community and institutional service alternatives and of
the right to a hearing, as defined in
He-C
201.02(i), to dispute any component
of the service agreement.
(e) If
either the individual or representative, or area agency executive director, or
designee, disapproves of the service agreement or an amendment proposed
pursuant to (a)(4) above, the dispute shall be resolved:
(1) Through informal discussions among the
individual, family, representative, service coordinator, and area agency
executive director;
(2) By
reconvening a service planning meeting;
(3) By the individual or representative
filing a complaint pursuant to He-M 202; or
(4) By filing a formal appeal pursuant to
He-M
524.25.
(f) When the service agreement has been
approved by the individual, guardian, or representative and area agency
director, the services shall be implemented and monitored as follows:
(1) A person responsible for implementing any
part of an expanded service agreement, including goals and support services,
shall collect and record information about services provided and summarize
progress as required by the service agreement or, at a minimum,
monthly;
(2) On at least a monthly
basis, the service coordinator shall visit or have verbal or video call contact
with the individual or persons responsible for implementing an expanded service
agreement and document these contacts;
(3) The service coordinator shall visit the
individual and contact the guardian, if any, in person or through a video call
at least quarterly, or more frequently if so specified in the individual's
expanded service agreement, to determine and document:
a. Whether services match the interests and
needs of the individual;
b.
Individual and guardian satisfaction with services;
c. Progress on the goals in the expanded
service agreement; and
d. The
utilization of allocated funds.
(4) At least 2 of the service coordinator's
quarterly visits with the individual shall be conducted in person in the home
where the individual resides.
