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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 - 2007IN 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 PERSONALCAREASSISTANCE 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 and23community-based services waiver that involve personal and medically orientated24tasks dealing with the functional needs of the participant and accommodating25the participant's needs for long-term maintenance, supportive care or IADLs.26These services may include, but are not limited to, personal assistance and27medical tasks that can be done by unlicensed persons or delegated to unli-28censed persons by a health care professional or participant. Services shall be29based on the participant's abilities and limitations, regardless of age, medi-30cal 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 intermediaryservicesagency" 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 may17provide 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 or30authorized provider that involve personal and medically orientated tasks deal-31ing with the functional needs of the participant and accommodating the32participant's needs for long-term maintenance, supportive care or IADLs. These33services may include, but are not limited to, personal assistance and medical34tasks that can be done by unlicensed persons or delegated to unlicensed per-35sons by a health care professional or participant. Services shall be based on36the participant's abilities and limitations, regardless of age, medical diag-37nosis 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 includedas a state plan service3underin 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) Aproviderpersonal 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) Apersonal assistance agency that providesfiscal intermediaryser-41vicesagency 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;and44 (b) To offer supportive services to enable participants or families to 45 perform required employer tasks themselves;and46 (c) To bill the medicaid program for services approved and authorized by 47 the department;and48 (d) To collect any participant contribution due;and49 (e) To pay personal assistants for services;and50 (f) To perform all necessary withholding as required by state and federal 51 labor and tax laws, rules and regulations;and52 (g) Tooffer a full range of services and perform all services contained53in a written agreement between the participant and the providerassure 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 shall45determine when and if this role shall be performed by the MCAC.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved 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-4ipant 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 - 2007IN 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 PERSONALCAREASSISTANCE 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 and23community-based services waiver that involve personal and medically orientated24tasks dealing with the functional needs of the participant and accommodating25the participant's needs for long-term maintenance, supportive care or IADLs.26These services may include, but are not limited to, personal assistance and27medical tasks that can be done by unlicensed persons or delegated to unli-28censed persons by a health care professional or participant. Services shall be29based on the participant's abilities and limitations, regardless of age, medi-30cal 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 intermediaryservicesagency" 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 the5participant 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 may17provide 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 or30authorized provider that involve personal and medically orientated tasks deal-31ing with the functional needs of the participant and accommodating the32participant's needs for long-term maintenance, supportive care or IADLs. These33services may include, but are not limited to, personal assistance and medical34tasks that can be done by unlicensed persons or delegated to unlicensed per-35sons by a health care professional or participant. Services shall be based on36the participant's abilities and limitations, regardless of age, medical diag-37nosis 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 includedas a state plan service3underin 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) Aproviderpersonal 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) Apersonal assistance agency that providesfiscal intermediaryser-43vicesagency 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;and46 (b) To offersupportiveservices to enable participants or families to 47 perform required employer tasks themselves;and48 (c) To bill the medicaid program for services approved and authorized by 49 the department;and50 (d) To collect any participant contribution due;and51 (e) To pay personal assistants for services;and52 (f) To perform all necessary withholding as required by state and federal 53 labor and tax laws, rules and regulations;and54 (g) Tooffer a full range of services and perform all services contained55in a written agreement between the participant and the providerassure 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 shall51determine 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