Idaho State Statutes - Idaho Attorney Directory

The
director shall have the power and it shall be his duty to promulgate and adopt
appropriate rules necessary to implement and enforce standards for provision
of personal assistance services.
The following standards for provision of personal assistance services and
other provisions contained throughout this chapter and rules shall apply to
participants and providers receiving or providing personal assistance services
either as a medicaid option service or a waivered service, unless prohibited
by federal law or contents of the federal waiver agreement.
(1) Personal care services shall be included as a state plan service
under medicaid.
(2) Personal care services shall be ordered by a physician or authorized
provider.
(3) Attendant care shall be included as a service under medicaid home and
community-based waiver(s).
(4) All attendant care services must be authorized by the department or
its designee.
(5) The department will establish by rule maximum hours per month of
personal care services available to the individual participant under the state
medicaid plan.
(6) The department shall enter into agreements with providers for the
provision of personal assistance services. The department may deny provider
status or revoke that status when a provider is found to endanger the health,
person or property of the participant, or is in violation of rules promulgated
by the department or the provider agreement.
(7) A provider agency shall have the responsibility for the following:
(a) Recruitment, hiring, firing, training, supervision, scheduling,
payroll, and the assurance of quality of service, of its personal
assistants;
(b) Complying with state and federal labor and tax laws, rules and
regulations;
(c) Maintaining liability insurance coverage;
(d) Provision of an appropriately qualified nurse when required;
(e) Assignment of a qualified personal assistant to each authorized
participant after consultation with and prior approval of that
participant;
(f) Assuring all personal assistants providing services meet the
standards and qualifications of this chapter;
(g) Billing medicaid for services approved and authorized;
(h) Referring participants to case management services based on
established criteria;
(i) Providing for care by a qualified replacement when the regular
personal assistant is unable to provide the services, and providing for
unanticipated services approved on the individual service plan when
requested by the participant; and
(j) Conducting, at least annually, participant satisfaction/quality
control reviews available to the department and general public.
(8) A personal assistance agency that provides fiscal intermediary
services shall have the responsibility for the following:
(a) To assure compliance with legal requirements related to the
employment of participant/family directed personal assistants; and
(b) To offer supportive services to enable participants or families to
perform required employer tasks themselves; and
(c) To bill the medicaid program for services approved and authorized by
the department; and
(d) To collect any participant contribution due; and
(e) To pay personal assistants for services; and
(f) To perform all necessary withholding as required by state and federal
labor and tax laws, rules and regulations; and
(g) To offer a full range of services and perform all services contained
in a written agreement between the participant and the provider.
(9) Personal assistants are not employees of the state.
(10) Case management shall be made available to personal assistance
participants where and when appropriate. In order to avoid a conflict of
interest, case management shall not be provided by the same agency that
provides personal assistance services to the participant.
(11) The department's regional medicaid staff shall review and approve the
individual service plan, authorize personal assistance services, the hours of
service, and make appropriate referrals for case management for eligible
individuals.
(12) The department shall establish and maintain a community awareness
program that will educate Idaho citizens regarding the purpose and function of
all long-term care alternatives including, but not limited to, personal
assistance services and individual participant rights. This program will be
developed in cooperation with other state agencies including, but not limited
to, the commission on aging and the state independent living council.
(13) It shall be the responsibility of the participant or his designee or
legal representative, when appropriate, to select the provider of personal
assistance services.
(14) The department shall provide the participant, his designee or legal
representative, with a list of available providers of personal assistance
services; however, this does not relieve the participant or his designee or
legal representative of the responsibility of provider selection.
(15) In those cases where the participant or his designee or legal
representative cannot arrange for personal assistance services or asks for
help in making arrangements, a representative of the department may arrange
for or help arrange for personal assistance services on behalf of the
participant.

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