Rule 24-2-47.2 - Family Members as Providers of Home and Community SupportsA. Legally responsible relatives are not allowed to provide Home and Community Supports (HCS). This includes legal guardians or legal representatives, including, but not limited to, spouses, parents/stepparents of minor children, conservators, guardians, people who hold the participant's power of attorney, or those designated as the participant's representative payee for Social Security benefits. For the purposes of this requirement, "relatives" are defined as any person related by blood, marriage, or adoption to the participant.B. Non-legally responsible relatives may provide HCS only when the following criteria are met: 1. The selected relative is qualified to provide service(s).2. The person receiving the service or another designated representative is available to sign verifying that services were rendered by the selected relative.3. The selected relative agrees to render services in accordance with the scope, limitations, and professional requirements of the service during their designated hours.C. The person's chosen provider of HCS is responsible for ensuring all Direct Support Personnel/Professionals are compliant with the regulations. Providers must document that each family member's eligibility meets the above requirements in the staff's personnel record. Providers employing a family member to serve as a Home and Community Supports employee, must maintain the following documentation in each staff's personnel record:1. The Qualifying Relative DCW Questionnaire indicating eligibility.2. Evidence the person's ID/DD Waiver Support Coordinator or IDD Community Support Program Targeted Case Manager was notified the agency provider is seeking approval of a family member to provide Home and Community Supports. The person's Plan of Services and Supports (PSS) must document the family member is providing the approved service.3. Documentation the provider has conducted drop-in, unannounced visits during the time the approved family member is providing services. These visits must occur at least two (2) times per year and must include the following: (a) Observation of the family member's interactions with the person receiving services;(b) Review of the Plan of Services and Supports and Service Notes to determine if outcomes are being met; and(c) Review of utilization to determine if contents of Service Notes support the amount of service provided.4. The amount of service hours are determined by the level of support required for the person. A qualified family member providing ID/DD Waiver Home and Community Supports cannot be authorized to provide more than 172 hours per month (or 40 hours per week) of one (1) service or combination of Home and Community Support and In-Home Respite.5. DMH and/or DOM reserves the right to remove a selected relative from the provision of services at any time if there is a suspicion of or substantiation of abuse/neglect/exploitation/fraud, or if it is determined that the services are not being professionally rendered in accordance with the approved Plan of Services and Supports. If DMH/DOM removes a selected relative from the provision of services, the person/legal representative will be asked to select an alternate qualified provider.