Utah Administrative Code (Current through November 1, 2019) |
R510. Human Services, Aging and Adult Services |
R510-400. Home and Community Based Alternatives Program |
R510-400-8. Service Provider Requirements
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(1) Home and Community Based Alternatives Services shall be provided through a public agency, a private licensed Service Provider Agency with at least one year experience in providing home support or home health services, or by an individual providing personal attendant services with demonstrated skills and abilities in providing the required services. The one-year experience requirement may be waived by the AAA Director or designee provided there is adequate documented justification.
(2) PROCEDURES-Service Provider Requirements:
(a) The service provider may be a public or private social service or health care agency.
(b) The agency must have one year of experience in providing in-home services.
(c) The service provider must be appropriately licensed.
(d) The service provider must maintain liability insurance and bonding of all employees.
(e) It is the responsibility of the service provider to:
(i) provide all employees with written instructions based upon the client's Care Plan;
(ii) instruct employees as needed in performing the required tasks
(iii) provide supervision of employees
(iv) inform employees regarding personal liability.
(3) PROCEDURES-Case Load Requirements:
(a) A Case Manager shall be assigned for each Client. Average case load size across all programs the case manager may work shall not exceed fifty (50) clients per available Full Time Equivalent and should be proportionate to the Agency's Case Managers time, case mix, and situation. Exceptions may be made only upon written request to the Division. The Division will review the request and if appropriate, approve a temporary waiver.
(b) Case Manager Qualifications:
(i) Case Management shall be performed by a person with a Bachelor Degree in a social science, health science, or other related field. Exceptions to this requirement may be made for individuals who have year for year experience in these fields, or substitutions on a year for year basis as follows:
(A) additional related education for the experience,
(B) additional full time paid related employment for the education.
(ii) State licensure as a Social Service Worker is recommended as a minimal qualification.
(4) Personal Attendant Services:
(a) Where appropriate, agencies and clients can make use of a Personal Attendant to provide services to clients. Personal Attendant Services are defined as: Personal care and non-medical supportive services, specific to the needs of a medically stable elderly person experiencing chronic physical or cognitive functional impairments, who is capable of directing their own care or who has a surrogate available to direct the care.
(5) Eligibility:
(a) To be eligible for the Personal Attendant Service the individual must be an active consumer on the Home and Community Based Alternatives Program.
(b) The client and their designated Personal Attendant must:
(i) Understand that Personal Attendant services is a service delivery model designed to benefit the designated client.
(ii) Be able to provide management of the employee (personal attendant) to include recruitment, scheduling, discipline and termination, if needed, of individuals eighteen (18) or more years of age.
(iii) Be willing and capable of training and directing the employee.
(iv) Follow-up with the employee regarding First Aid training/certification and provide documentation of such to the Case Manager.
(v) Personal attendant service is available to those clients for whom eligibility has been established and who have an established care plan. Preferably, the client has been receiving services from the Home and Community Based Alternatives program.
(vi) Receive, sign and copy all employee time sheets and submit them to the designated organization by the established deadline. The consumer or the personal representative will be responsible for the verification and accuracy of hours billed by the employee, not to exceed the agreed upon and approved hours on the care plan.
(vii) Complete, maintain and file with the payroll agent all necessary tax information required by the U.S. Internal Revenue Service.
(viii) Demonstrate the skills necessary to supervise direct service employees.
(ix) Provide training to their employee(s) in the areas of confidentiality and services to be provided related to the individual's plan of care. If additional training is needed, the consumer or personal representative will request this from their Case Manager.
(x) Actively participate with the Case Manager in the monitoring and revision of the consumer Care Plan.
(xi) Provide a back-up service plan to the Case Manager that states clearly the manner in which services will be provided as a back-up when the employee is not able to provide services. Back-up services may be provided by individuals who are not employees and who will not be eligible for payment for services provided.
(xii) Develop and maintain in the home of the consumer a notebook that includes a copy of:
(A) The current Care Plan;
(B) The Employee Agreement;
(C) The Consumer/Personal representative Letter of Agreement;
(D) All payroll agent's forms and time sheets;
(E) The Back-up Plan; and
(F) The Training Plan, as needed.
(xiii) Provide periodic feedback to the Case Manager regarding the quality of service being provided by the employee and how effectively the service meets the needs identified in the Care Plan. The consumer or personal representative will report immediately to the Case Manager any abuse or exploitation of the consumer by the employee.
(xiv) Notify the Case Manager when consumer needs change in order to adjust the Care Plan as appropriate.
(xv) Obtain prior authorization for services from the Case Manager.
(xvi) Follow applicable sections of the Home and Community Based Alternatives Program policies and procedures as provided by the Case Manager.
(xvii) Furnish requested copies of all documents related to employment or services that are collected by the consumer and/or the personal representative to the Case Manager and/or payroll agent.
(xviii) Report issues of non-compliance, consumer or personal representative and employee(s) conflict, and/or other significant occurrences to the Case Manager.