Current through Register Vol. 35, No. 18, September 24, 2024
A. Any
adult who is not determined to be decisionally incapacitated may refuse
services.
B. The department
determines eligibility for specific services based on client need, client
income and the availability of resources and available funding for each type of
service under this part.
(1) The department
assesses and determines the adult's need for services.
(2) Adults who have been determined through a
department investigation to have been abused, neglected or exploited and are
assessed to continue to be at risk may be eligible to receive services on a
short term basis without regard to income, as determined necessary by the
department.
(3) Except for
emergency shelter/caregiver services, the department utilizes the institutional
medicaid income criteria for the determination of financial eligibility for
services.
C. The
department completes a recertification of income for adult services eligibility
on an annual basis.
D. Any denial,
modification or termination of adult services may be reviewed by the department
pursuant to the administrative review process described in this part.
E. The department coordinates its adult
protective services in order to ensure that there is no duplication of like
services for the same hours of the same day.
F. Clients receiving APS adult services have
the following responsibilities:
(1) assisting
with applying for waiver services eligibility, including medicaid and financial
eligibility;
(2) reporting on
whether he or she needs help; and
(3) appropriately using services paid by
state funds.
G. Clients
may be terminated from APS services for the following reasons:
(1) moving out of the program service
area;
(2) consistently not
complying with the service plan and is a person with decision-making
capacity;
(3) consistently refusing
service or not allowing the agency to enter the home to provide
services;
(4) posing a significant
risk to self or others;
(5)
demonstrating a pattern of verbal or physical abuse of attendants or agency
personnel, i.e., use of vulgar or explicit language, verbal or physical sexual
harassment, excessive use of force, verbal or physically intimidating threats,
and illegal use of narcotics or alcohol abuse;
(6) refusing to provide accurate financial
information, providing false information or illegally transferring assets to
receive services under this part;
(7) ceasing to meet the financial or
non-financial criteria; or
(8)
ceasing to meet the level of care criteria.
