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H0167aa...............................................by HEALTH AND WELFARE
PERSONAL ASSISTANCE SERVICES - Amends and repeals existing law relating to
personal assistance services to revise definitions; to provide that
personal care services be included in Medicaid services as described in
Idaho Code; to permit a single provider to operate as both a personal
assistance agency and a fiscal intermediary agency; to provide for personal
assistance agency responsibilities; to provide for fiscal intermediary
agency responsibilities; and repealing provisions regarding the effect of
personal assistance agency rates and a determination to be made by the
director of the Department of Health and Welfare.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
03/01 Rpt out - to Gen Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Stevenson,
Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bayer, Clark, Kren, Snodgrass
Floor Sponsor - Rusche
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Health/Wel
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Broadsword
Title apvd - to House
03/21 To enrol - Rpt enrol - Sp signed
03/22 Pres signed - To Governor
03/27 Governor signed
Session Law Chapter 222
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 167
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PERSONAL ASSISTANCE SERVICES; AMENDING THE HEADING FOR CHAPTER 56,
3 TITLE 39, IDAHO CODE; AMENDING SECTION 39-5602, IDAHO CODE, TO REVISE DEF-
4 INITIONS; AMENDING SECTION 39-5603, IDAHO CODE, TO PROVIDE THAT PERSONAL
5 CARE SERVICES BE INCLUDED IN MEDICAID SERVICES AS DESCRIBED IN IDAHO CODE,
6 TO PERMIT A SINGLE PROVIDER TO OPERATE AS BOTH A PERSONAL ASSISTANCE
7 AGENCY AND A FISCAL INTERMEDIARY AGENCY, TO PROVIDE FOR PERSONAL ASSIS-
8 TANCE AGENCY RESPONSIBILITIES AND TO PROVIDE FOR FISCAL INTERMEDIARY
9 AGENCY RESPONSIBILITIES; REPEALING SECTION 39-5607, IDAHO CODE, REGARDING
10 THE EFFECT OF PERSONAL ASSISTANCE AGENCY RATES; AND AMENDING SECTION
11 39-5609, IDAHO CODE, TO DELETE LANGUAGE REGARDING A DETERMINATION TO BE
12 MADE BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND WELFARE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That the Heading for Chapter 56, Title 39, Idaho Code, be, and
15 the same is hereby amended to read as follows:
16 CHAPTER 56
17 PERSONAL CARE ASSISTANCE SERVICES
18 SECTION 2. That Section 39-5602, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-5602. DEFINITIONS. As used in this chapter, the following terms shall
21 have the following meanings:
22 (1) "Attendant care" means services provided under a medicaid home and
23 community-based services waiver that involve personal and medically orientated
24 tasks dealing with the functional needs of the participant and accommodating
25 the participant's needs for long-term maintenance, supportive care or IADLs.
26 These services may include, but are not limited to, personal assistance and
27 medical tasks that can be done by unlicensed persons or delegated to unli-
28 censed persons by a health care professional or participant. Services shall be
29 based on the participant's abilities and limitations, regardless of age, medi-
30 cal diagnosis or other category of disability.
31 (2) "Case management" means a service which coordinates multiple services
32 for individual participants through a process of assessment, planning, arrang-
33 ing for and monitoring services.
34 (32) "Department" means the department of health and welfare of the state
35 of Idaho.
36 (43) "Director" means the director of the department of health and wel-
37 fare.
38 (54) "Eligible participant" or "participant" means an individual deter-
39 mined eligible by the department for Idaho medicaid services, as authorized by
40 title XIX, of the social security act, as amended.
41 (65) "Fiscal intermediary services agency" means an entity that provides
2
1 services that allow the participant receiving personal assistance services, or
2 his designee or legal representative, to choose the level of control he will
3 assume in recruiting, selecting, managing, training, and dismissing his per-
4 sonal assistant regardless of who the employer of record is, and allows the
5 participant control over the manner in which services are delivered.
6 (76) "Individual service plan" means a document which outlines all ser-
7 vices including, but not limited to, personal assistance services and IADLs,
8 required to maintain the individual in his or her home and community.
9 (87) "Instrumental activities of daily living (IADL)" means those activi-
10 ties performed in supporting the activities of daily living, including, but
11 not limited to: managing money, preparing meals, shopping, light housekeeping,
12 using the telephone, or getting around in the community.
13 (98) "Personal assistance agency" means an entity that recruits, hires,
14 fires, trains, supervises, schedules, oversees quality of work, takes respon-
15 sibility for services provided, provides payroll and benefits for personal
16 assistants working for them, is the employer of record and in fact, and may
17 provide fiscal intermediary services.
18 (109) "Personal assistance services" includes both attendant care ser-
19 vices and personal care services and means services that involve personal and
20 medically oriented tasks dealing with the functional needs of the participant
21 and accommodating the participant's needs for long-term maintenance, suppor-
22 tive care or IADLs. These services may include, but are not limited to, per-
23 sonal assistance and medical tasks that can be done by unlicensed persons or
24 delegated to unlicensed persons by a health care professional or participant.
25 Services shall be based on the participant's abilities and limitations,
26 regardless of age, medical diagnosis or other category of disability.
27 (110) "Personal assistant" means an individual who directly provides per-
28 sonal assistance services.
29 (12) "Personal care services" means services ordered by a physician or
30 authorized provider that involve personal and medically orientated tasks deal-
31 ing with the functional needs of the participant and accommodating the
32 participant's needs for long-term maintenance, supportive care or IADLs. These
33 services may include, but are not limited to, personal assistance and medical
34 tasks that can be done by unlicensed persons or delegated to unlicensed per-
35 sons by a health care professional or participant. Services shall be based on
36 the participant's abilities and limitations, regardless of age, medical diag-
37 nosis or other category of disability.
38 (131) "Provider" means a personal assistance agency, a fiscal intermediary
39 agency or both.
40 (142) "Representative" means an employee of the department of health and
41 welfare.
42 (153) "Voucher service option" means a method of service provision whereby
43 the participant receives vouchers to pay for personal assistance services.
44 SECTION 3. That Section 39-5603, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-5603. STANDARDS FOR PROVISION OF PERSONAL ASSISTANCE SERVICES. The
47 director shall have the power and it shall be his duty to promulgate and adopt
48 appropriate rules necessary to implement and enforce standards for provision
49 of personal assistance services.
50 The following standards for provision of personal assistance services and
51 other provisions contained throughout this chapter and rules shall apply to
52 participants and providers receiving or providing personal assistance services
53 either as a medicaid option service or a waivered service, unless prohibited
3
1 by federal law or contents of the federal waiver agreement.
2 (1) Personal care services shall be included as a state plan service
3 under in the medicaid services described in section 56-255(3) and (4), Idaho
4 Code.
5 (2) Attendant care shall be included as a service under medicaid home and
6 community-based waiver(s).
7 (3) All attendant care services must be authorized by the department or
8 its designee.
9 (4) The department will establish by rule maximum hours per month of per-
10 sonal care services available to the individual participant under the state
11 medicaid plan.
12 (5) The department shall enter into agreements with providers for the
13 provision of personal assistance services. A single provider may operate as
14 both a personal assistance agency and a fiscal intermediary agency. The
15 department may deny provider status or revoke that status when a provider is
16 found to endanger the health, person or property of the participant, or is in
17 violation of rules promulgated by the department or the provider agreement.
18 (6) A provider personal assistance agency shall have the responsibility
19 for the following:
20 (a) Recruitment, hiring, firing, training, supervision, scheduling, pay-
21 roll, and the assurance of quality of service, of its personal assistants;
22 (b) Complying with state and federal labor and tax laws, rules and regu-
23 lations;
24 (c) Maintaining liability insurance coverage;
25 (d) Provision of an appropriately qualified nurse when required;
26 (e) Assignment of a qualified personal assistant to each authorized par-
27 ticipant after consultation with and prior approval of that participant;
28 (f) Assuring all personal assistants providing services meet the stan-
29 dards and qualifications of this chapter;
30 (g) Billing medicaid for services approved and authorized;
31 (h) Collecting any participant contribution due;
32 (i) Referring participants to case management services based on estab-
33 lished criteria;
34 (ij) Providing for care by a qualified replacement when the regular per-
35 sonal assistant is unable to provide the services, and providing for unan-
36 ticipated services approved on the individual service plan when requested
37 by the participant; and
38 (jk) Conducting, at least annually, participant satisfaction/quality con-
39 trol reviews available to the department and general public.
40 (7) A personal assistance agency that provides fiscal intermediary ser-
41 vices agency shall have the responsibility for the following:
42 (a) To assure compliance with legal requirements related to the employ-
43 ment of participant/family directed personal assistants; and
44 (b) To offer supportive services to enable participants or families to
45 perform required employer tasks themselves; and
46 (c) To bill the medicaid program for services approved and authorized by
47 the department; and
48 (d) To collect any participant contribution due; and
49 (e) To pay personal assistants for services; and
50 (f) To perform all necessary withholding as required by state and federal
51 labor and tax laws, rules and regulations; and
52 (g) To offer a full range of services and perform all services contained
53 in a written agreement between the participant and the provider assure
54 that all personal assistants providing services meet the standards and
55 qualifications of this chapter;
4
1 (h) To refer participants to case management services based on estab-
2 lished criteria;
3 (i) To maintain liability insurance coverage; and
4 (j) To conduct, at least annually, participant satisfaction and quality
5 control reviews which shall be available to the department and to the gen-
6 eral public.
7 (8) Personal assistants are not employees of the state.
8 (9) Case management shall be made available to personal assistance par-
9 ticipants where and when appropriate. In order to avoid a conflict of inter-
10 est, case management shall not be provided by the same agency that provides
11 personal assistance services to the participant.
12 (10) The department's regional medicaid staff shall review and approve the
13 individual service plan, authorize personal assistance services, the hours of
14 service, and make appropriate referrals for case management for eligible indi-
15 viduals.
16 (11) The department shall establish and maintain a community awareness
17 program that will educate Idaho citizens regarding the purpose and function of
18 all long-term care alternatives including, but not limited to, personal assis-
19 tance services and individual participant rights. This program will be devel-
20 oped in cooperation with other state agencies including, but not limited to,
21 the commission on aging and the state independent living council.
22 (12) It shall be the responsibility of the participant or his designee or
23 legal representative, when appropriate, to select the provider of personal
24 assistance services.
25 (13) The department shall provide the participant, his designee or legal
26 representative, with a list of available providers of personal assistance ser-
27 vices; however, this does not relieve the participant or his designee or legal
28 representative of the responsibility of provider selection.
29 (14) In those cases where the participant or his designee or legal repre-
30 sentative cannot arrange for personal assistance services or asks for help in
31 making arrangements, a representative of the department may arrange for or
32 help arrange for personal assistance services on behalf of the participant.
33 SECTION 4. That Section 39-5607, Idaho Code, be, and the same is hereby
34 repealed.
35 SECTION 5. That Section 39-5609, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-5609. PERSONAL ASSISTANCE OVERSIGHT COMMITTEE. The department shall
38 establish, as part of the medical care advisory committee (MCAC), an oversight
39 subcommittee consisting of providers of personal assistance services and par-
40 ticipants of such services and advocacy organizations representing such par-
41 ticipants, and other interested parties, for the purpose of planning, monitor-
42 ing, and recommending changes to the medicaid waiver and personal assistance
43 programs to the MCAC. At least fifty-one percent (51%) of the committee mem-
44 bership shall be participants or their representatives. The director shall
45 determine when and if this role shall be performed by the MCAC.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Loertscher
Seconded by Rusche
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 167
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, delete lines 4 and 5 and insert: "sonal
3 assistant. regardless of who the employer of record is, and allows the partic-
4 ipant control over the manner in which services are delivered."; in line 38,
5 delete "," and insert: "or"; and in line 39, delete "or both".
6 AMENDMENTS TO SECTION 3
7 On page 3, in line 14, following "agency." insert: "However, the agency
8 must clearly document whether it is operating as a personal assistance agency
9 or as a fiscal intermediary for each participant."; in line 32, following "to"
10 insert: "the department for"; and in line 44, delete "supportive" and insert:
11 "supportive".
12 On page 4, in line 3, delete "and"; in line 6, following "public" insert:
13 "; and
14 (k) To maintain documentation that the participant or his legal represen-
15 tative agrees in writing that he takes responsibility for and accepts
16 potential risks, and any resulting consequences, for his choice to manage
17 his own personal assistance services".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 167, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO PERSONAL ASSISTANCE SERVICES; AMENDING THE HEADING FOR CHAPTER 56,
3 TITLE 39, IDAHO CODE; AMENDING SECTION 39-5602, IDAHO CODE, TO REVISE DEF-
4 INITIONS; AMENDING SECTION 39-5603, IDAHO CODE, TO PROVIDE THAT PERSONAL
5 CARE SERVICES BE INCLUDED IN MEDICAID SERVICES AS DESCRIBED IN IDAHO CODE,
6 TO PERMIT A SINGLE PROVIDER TO OPERATE AS BOTH A PERSONAL ASSISTANCE
7 AGENCY AND A FISCAL INTERMEDIARY AGENCY, TO PROVIDE FOR PERSONAL ASSIS-
8 TANCE AGENCY RESPONSIBILITIES AND TO PROVIDE FOR FISCAL INTERMEDIARY
9 AGENCY RESPONSIBILITIES; REPEALING SECTION 39-5607, IDAHO CODE, REGARDING
10 THE EFFECT OF PERSONAL ASSISTANCE AGENCY RATES; AND AMENDING SECTION
11 39-5609, IDAHO CODE, TO DELETE LANGUAGE REGARDING A DETERMINATION TO BE
12 MADE BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND WELFARE.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That the Heading for Chapter 56, Title 39, Idaho Code, be, and
15 the same is hereby amended to read as follows:
16 CHAPTER 56
17 PERSONAL CARE ASSISTANCE SERVICES
18 SECTION 2. That Section 39-5602, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-5602. DEFINITIONS. As used in this chapter, the following terms shall
21 have the following meanings:
22 (1) "Attendant care" means services provided under a medicaid home and
23 community-based services waiver that involve personal and medically orientated
24 tasks dealing with the functional needs of the participant and accommodating
25 the participant's needs for long-term maintenance, supportive care or IADLs.
26 These services may include, but are not limited to, personal assistance and
27 medical tasks that can be done by unlicensed persons or delegated to unli-
28 censed persons by a health care professional or participant. Services shall be
29 based on the participant's abilities and limitations, regardless of age, medi-
30 cal diagnosis or other category of disability.
31 (2) "Case management" means a service which coordinates multiple services
32 for individual participants through a process of assessment, planning, arrang-
33 ing for and monitoring services.
34 (32) "Department" means the department of health and welfare of the state
35 of Idaho.
36 (43) "Director" means the director of the department of health and wel-
37 fare.
38 (54) "Eligible participant" or "participant" means an individual deter-
39 mined eligible by the department for Idaho medicaid services, as authorized by
40 title XIX, of the social security act, as amended.
41 (65) "Fiscal intermediary services agency" means an entity that provides
2
1 services that allow the participant receiving personal assistance services, or
2 his designee or legal representative, to choose the level of control he will
3 assume in recruiting, selecting, managing, training, and dismissing his per-
4 sonal assistant. regardless of who the employer of record is, and allows the
5 participant control over the manner in which services are delivered.
6 (76) "Individual service plan" means a document which outlines all ser-
7 vices including, but not limited to, personal assistance services and IADLs,
8 required to maintain the individual in his or her home and community.
9 (87) "Instrumental activities of daily living (IADL)" means those activi-
10 ties performed in supporting the activities of daily living, including, but
11 not limited to: managing money, preparing meals, shopping, light housekeeping,
12 using the telephone, or getting around in the community.
13 (98) "Personal assistance agency" means an entity that recruits, hires,
14 fires, trains, supervises, schedules, oversees quality of work, takes respon-
15 sibility for services provided, provides payroll and benefits for personal
16 assistants working for them, is the employer of record and in fact, and may
17 provide fiscal intermediary services.
18 (109) "Personal assistance services" includes both attendant care ser-
19 vices and personal care services and means services that involve personal and
20 medically oriented tasks dealing with the functional needs of the participant
21 and accommodating the participant's needs for long-term maintenance, suppor-
22 tive care or IADLs. These services may include, but are not limited to, per-
23 sonal assistance and medical tasks that can be done by unlicensed persons or
24 delegated to unlicensed persons by a health care professional or participant.
25 Services shall be based on the participant's abilities and limitations,
26 regardless of age, medical diagnosis or other category of disability.
27 (110) "Personal assistant" means an individual who directly provides per-
28 sonal assistance services.
29 (12) "Personal care services" means services ordered by a physician or
30 authorized provider that involve personal and medically orientated tasks deal-
31 ing with the functional needs of the participant and accommodating the
32 participant's needs for long-term maintenance, supportive care or IADLs. These
33 services may include, but are not limited to, personal assistance and medical
34 tasks that can be done by unlicensed persons or delegated to unlicensed per-
35 sons by a health care professional or participant. Services shall be based on
36 the participant's abilities and limitations, regardless of age, medical diag-
37 nosis or other category of disability.
38 (131) "Provider" means a personal assistance agency or a fiscal intermedi-
39 ary agency.
40 (142) "Representative" means an employee of the department of health and
41 welfare.
42 (153) "Voucher service option" means a method of service provision whereby
43 the participant receives vouchers to pay for personal assistance services.
44 SECTION 3. That Section 39-5603, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 39-5603. STANDARDS FOR PROVISION OF PERSONAL ASSISTANCE SERVICES. The
47 director shall have the power and it shall be his duty to promulgate and adopt
48 appropriate rules necessary to implement and enforce standards for provision
49 of personal assistance services.
50 The following standards for provision of personal assistance services and
51 other provisions contained throughout this chapter and rules shall apply to
52 participants and providers receiving or providing personal assistance services
53 either as a medicaid option service or a waivered service, unless prohibited
3
1 by federal law or contents of the federal waiver agreement.
2 (1) Personal care services shall be included as a state plan service
3 under in the medicaid services described in section 56-255(3) and (4), Idaho
4 Code.
5 (2) Attendant care shall be included as a service under medicaid home and
6 community-based waiver(s).
7 (3) All attendant care services must be authorized by the department or
8 its designee.
9 (4) The department will establish by rule maximum hours per month of per-
10 sonal care services available to the individual participant under the state
11 medicaid plan.
12 (5) The department shall enter into agreements with providers for the
13 provision of personal assistance services. A single provider may operate as
14 both a personal assistance agency and a fiscal intermediary agency. However,
15 the agency must clearly document whether it is operating as a personal assis-
16 tance agency or as a fiscal intermediary for each participant. The department
17 may deny provider status or revoke that status when a provider is found to
18 endanger the health, person or property of the participant, or is in violation
19 of rules promulgated by the department or the provider agreement.
20 (6) A provider personal assistance agency shall have the responsibility
21 for the following:
22 (a) Recruitment, hiring, firing, training, supervision, scheduling, pay-
23 roll, and the assurance of quality of service, of its personal assistants;
24 (b) Complying with state and federal labor and tax laws, rules and regu-
25 lations;
26 (c) Maintaining liability insurance coverage;
27 (d) Provision of an appropriately qualified nurse when required;
28 (e) Assignment of a qualified personal assistant to each authorized par-
29 ticipant after consultation with and prior approval of that participant;
30 (f) Assuring all personal assistants providing services meet the stan-
31 dards and qualifications of this chapter;
32 (g) Billing medicaid for services approved and authorized;
33 (h) Collecting any participant contribution due;
34 (i) Referring participants to the department for case management services
35 based on established criteria;
36 (ij) Providing for care by a qualified replacement when the regular per-
37 sonal assistant is unable to provide the services, and providing for unan-
38 ticipated services approved on the individual service plan when requested
39 by the participant; and
40 (jk) Conducting, at least annually, participant satisfaction/quality con-
41 trol reviews available to the department and general public.
42 (7) A personal assistance agency that provides fiscal intermediary ser-
43 vices agency shall have the responsibility for the following:
44 (a) To assure compliance with legal requirements related to the employ-
45 ment of participant/family directed personal assistants; and
46 (b) To offer supportive services to enable participants or families to
47 perform required employer tasks themselves; and
48 (c) To bill the medicaid program for services approved and authorized by
49 the department; and
50 (d) To collect any participant contribution due; and
51 (e) To pay personal assistants for services; and
52 (f) To perform all necessary withholding as required by state and federal
53 labor and tax laws, rules and regulations; and
54 (g) To offer a full range of services and perform all services contained
55 in a written agreement between the participant and the provider assure
4
1 that all personal assistants providing services meet the standards and
2 qualifications of this chapter;
3 (h) To refer participants to case management services based on estab-
4 lished criteria;
5 (i) To maintain liability insurance coverage;
6 (j) To conduct, at least annually, participant satisfaction and quality
7 control reviews which shall be available to the department and to the gen-
8 eral public; and
9 (k) To maintain documentation that the participant or his legal represen-
10 tative agrees in writing that he takes responsibility for and accepts
11 potential risks, and any resulting consequences, for his choice to manage
12 his own personal assistance services.
13 (8) Personal assistants are not employees of the state.
14 (9) Case management shall be made available to personal assistance par-
15 ticipants where and when appropriate. In order to avoid a conflict of inter-
16 est, case management shall not be provided by the same agency that provides
17 personal assistance services to the participant.
18 (10) The department's regional medicaid staff shall review and approve the
19 individual service plan, authorize personal assistance services, the hours of
20 service, and make appropriate referrals for case management for eligible indi-
21 viduals.
22 (11) The department shall establish and maintain a community awareness
23 program that will educate Idaho citizens regarding the purpose and function of
24 all long-term care alternatives including, but not limited to, personal assis-
25 tance services and individual participant rights. This program will be devel-
26 oped in cooperation with other state agencies including, but not limited to,
27 the commission on aging and the state independent living council.
28 (12) It shall be the responsibility of the participant or his designee or
29 legal representative, when appropriate, to select the provider of personal
30 assistance services.
31 (13) The department shall provide the participant, his designee or legal
32 representative, with a list of available providers of personal assistance ser-
33 vices; however, this does not relieve the participant or his designee or legal
34 representative of the responsibility of provider selection.
35 (14) In those cases where the participant or his designee or legal repre-
36 sentative cannot arrange for personal assistance services or asks for help in
37 making arrangements, a representative of the department may arrange for or
38 help arrange for personal assistance services on behalf of the participant.
39 SECTION 4. That Section 39-5607, Idaho Code, be, and the same is hereby
40 repealed.
41 SECTION 5. That Section 39-5609, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-5609. PERSONAL ASSISTANCE OVERSIGHT COMMITTEE. The department shall
44 establish, as part of the medical care advisory committee (MCAC), an oversight
45 subcommittee consisting of providers of personal assistance services and par-
46 ticipants of such services and advocacy organizations representing such par-
47 ticipants, and other interested parties, for the purpose of planning, monitor-
48 ing, and recommending changes to the medicaid waiver and personal assistance
49 programs to the MCAC. At least fifty-one percent (51%) of the committee mem-
50 bership shall be participants or their representatives. The director shall
51 determine when and if this role shall be performed by the MCAC.
STATEMENT OF PURPOSE
RS 16982
This legislation clarifies the difference between a Personal
Assistance Services Agency and a Fiscal Intermediary Agency.
Fiscal Intermediary services were developed to give consumers of
personal assistance services control over their employees:
however, the way the legislation is written, agencies or
organizations providing fiscal intermediary services were forced
to become personal assistance services agencies first. This
created a conflict for the agencies, consumers, and the Idaho
Department of Health and Welfare. There are also some changes in
the legislation to make the administration of the Personal
Assistance Services program less complicated.
FISCAL IMPACT
There will be some administrative savings.
Contact
Name: Kelly Buckland
Phone: 334-3800
Name: Representative John Rusche
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 167