Print Friendly SENATE BILL NO. 1339 – Personal care services, standards
SENATE BILL NO. 1339
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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
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
]]]] 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
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-
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 authorized
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-
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 (1 10) 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
35 (1 21) 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 (1 32) 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 (1 43) 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 (1 54) 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(1 43), 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(1 21),
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
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
No fiscal impact that will result from this change.
Name: Leslie Clement
Agency: Health and Welfare
STATEMENT OF PURPOSE/FISCAL NOTE S 1339