2006 Legislation
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SENATE BILL NO. 1339 – Personal care services, standards


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Bill Status

S1339.................................................by HEALTH AND WELFARE
PERSONAL CARE SERVICES - Amends existing law to remove the standard which
requires that personal care services be ordered by a physician or
authorized provider.
02/02    Senate intro - 1st rdg - to printing
02/03    Rpt prt - to Health/Wel
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - McGee
    Title apvd - to House
02/15    House intro - 1st rdg - to Health/Wel
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
      Cannon, Chadderdon, Clark, Collins, Crow, Denney, Edmunson,
      Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood,
      Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass,
      Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Deal, Smith(24), Trail
    Floor Sponsor - Garrett
    Title apvd - to Senate
03/27    To enrol
03/28    Rpt enrol - Pres signed
03/29    Sp signed
03/30    To Governor
03/31    Governor signed
         Session Law Chapter 283
         Effective: 07/01/06

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                                    SENATE BILL NO. 1339
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  6        TION.
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 39-5603, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 11    director shall have the power and it shall be his duty to promulgate and adopt
 12    appropriate rules necessary to implement and enforce standards  for  provision
 13    of personal assistance services.
 14        The  following standards for provision of personal assistance services and
 15    other provisions contained throughout this chapter and rules  shall  apply  to
 16    participants and providers receiving or providing personal assistance services
 17    either  as  a medicaid option service or a waivered service, unless prohibited
 18    by federal law or contents of the federal waiver agreement.
 19        (1)  Personal care services shall be included  as  a  state  plan  service
 20    under medicaid.
 21        (2)  Personal  care services shall be ordered by a physician or authorized
 22    provider.
 23        (3)  Attendant care shall be included as a service under medicaid home and
 24    community-based waiver(s).
 25        (43)  All attendant care services must be authorized by the department  or
 26    its designee.
 27        (54)  The  department  will  establish  by rule maximum hours per month of
 28    personal care services available to the individual participant under the state
 29    medicaid plan.
 30        (65)  The department shall enter into agreements with  providers  for  the
 31    provision  of  personal  assistance services. The department may deny provider
 32    status or revoke that status when a provider is found to endanger the  health,
 33    person or property of the participant, or is in violation of rules promulgated
 34    by the department or the provider agreement.
 35        (76)  A provider agency shall have the responsibility for the following:
 36        (a)  Recruitment,  hiring, firing, training, supervision, scheduling, pay-
 37        roll, and the assurance of quality of service, of its personal assistants;
 38        (b)  Complying with state and federal labor and tax laws, rules and  regu-
 39        lations;
 40        (c)  Maintaining liability insurance coverage;
 41        (d)  Provision of an appropriately qualified nurse when required;
 42        (e)  Assignment  of a qualified personal assistant to each authorized par-
 43        ticipant after consultation with and prior approval of that participant;
  1        (f)  Assuring all personal assistants providing services  meet  the  stan-
  2        dards and qualifications of this chapter;
  3        (g)  Billing medicaid for services approved and authorized;
  4        (h)  Referring  participants  to  case management services based on estab-
  5        lished criteria;
  6        (i)  Providing for care by a qualified replacement when the  regular  per-
  7        sonal assistant is unable to provide the services, and providing for unan-
  8        ticipated  services approved on the individual service plan when requested
  9        by the participant; and
 10        (j)  Conducting, at least annually, participant satisfaction/quality  con-
 11        trol  reviews available to the department and general public.
 12        (87)  A  personal assistance agency that provides fiscal intermediary ser-
 13    vices shall have the responsibility for the following:
 14        (a)  To assure compliance with legal requirements related to  the  employ-
 15        ment of participant/family directed personal assistants; and
 16        (b)  To  offer  supportive  services to enable participants or families to
 17        perform required employer tasks themselves; and
 18        (c)  To bill the medicaid program for services approved and authorized  by
 19        the department; and
 20        (d)  To collect any participant contribution due; and
 21        (e)  To pay personal assistants for services; and
 22        (f)  To perform all necessary withholding as required by state and federal
 23        labor and tax laws, rules and regulations; and
 24        (g)  To  offer a full range of services and perform all services contained
 25        in a written agreement between the participant and the provider.
 26        (98)  Personal assistants are not employees of the state.
 27        (109)  Case management shall be made available to personal assistance par-
 28    ticipants where and when appropriate. In order to avoid a conflict  of  inter-
 29    est,  case  management  shall not be provided by the same agency that provides
 30    personal assistance services to the participant.
 31        (110) The department's regional medicaid staff shall  review  and  approve
 32    the individual service plan, authorize personal assistance services, the hours
 33    of  service,  and  make appropriate referrals for case management for eligible
 34    individuals.
 35        (121) The department shall establish and maintain  a  community  awareness
 36    program that will educate Idaho citizens regarding the purpose and function of
 37    all long-term care alternatives including, but not limited to, personal assis-
 38    tance  services and individual participant rights. This program will be devel-
 39    oped in cooperation with other state agencies including, but not  limited  to,
 40    the commission on aging and the state independent living council.
 41        (132) It shall be the responsibility of the participant or his designee or
 42    legal  representative,  when  appropriate,  to select the provider of personal
 43    assistance services.
 44        (143) The department shall provide the participant, his designee or  legal
 45    representative, with a list of available providers of personal assistance ser-
 46    vices; however, this does not relieve the participant or his designee or legal
 47    representative of the responsibility of provider selection.
 48        (154) In those cases where the participant or his designee or legal repre-
 49    sentative  cannot arrange for personal assistance services or asks for help in
 50    making arrangements, a representative of the department  may  arrange  for  or
 51    help arrange for personal assistance services on behalf of the participant.
 52        SECTION  2.  That  Section 39-5608, Idaho Code, be, and the same is hereby
 53    amended to read as follows:
  1        39-5608.  LIABILITY OF ACTIONS UNDER THIS CHAPTER.  (1)  The  participant,
  2    his  designee  or  legal  representative, if such are is responsible, shall be
  3    liable for any acts of the participant performed or committed while  receiving
  4    care or services under the provisions of this chapter.
  5        (2)  The  department  shall  not be held liable for any actions under this
  6    chapter, except pursuant to section 39-5603(143), Idaho Code, when the  repre-
  7    sentative of the department is acting on behalf of the participant, his desig-
  8    nee  or legal representative; however, the provisions of section 39-5603(121),
  9    Idaho Code, shall remain in force.
 10        (3)  Nothing in this chapter shall exempt the provider  of  services  from
 11    any  liability  caused by such provider's negligence, abuse, or other improper
 12    action of the provider.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 15451

This proposal is to amend current Idaho Code 39-5603 which
requires personal care services shall be ordered by a physician. 
The federal regulations, 42 CFR 440.167, no longer require a
physician order for this service if at the State's option the
service is otherwise authorized for the individual in accordance
with a service plan approved by the State.  This removes an
unnecessary step in the authorization process for personal care

                          FISCAL NOTE

No fiscal impact that will result from this change.

Name:     Leslie Clement
Agency:   Health and Welfare
Phone:    364-1804

STATEMENT OF PURPOSE/FISCAL NOTE                             S 1339