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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1339 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PERSONAL CARE SERVICES; AMENDING SECTION 39-5603, IDAHO CODE, TO 3 REMOVE THE STANDARD WHICH REQUIRED PERSONAL CARE SERVICES BE ORDERED BY A 4 PHYSICIAN OR AUTHORIZED PROVIDER; AND AMENDING SECTION 39-5608, IDAHO 5 CODE, TO PROVIDE CORRECT CODE REFERENCES AND TO MAKE A TECHNICAL CORREC- 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: 10 39-5603. STANDARDS FOR PROVISION OF PERSONAL ASSISTANCE SERVICES. The 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 authorized22provider.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; 2 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: 3 1 39-5608. LIABILITY OF ACTIONS UNDER THIS CHAPTER. (1) The participant, 2 his designee or legal representative, if suchareis 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 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 services. FISCAL NOTE No fiscal impact that will result from this change. CONTACT Name: Leslie Clement Agency: Health and Welfare Phone: 364-1804 STATEMENT OF PURPOSE/FISCAL NOTE S 1339