Mont. Admin. r. 37.40.1127

Current through Register Vol. 23, December 6, 2024
Rule 37.40.1127 - SELF-DIRECTED PERSONAL ASSISTANCE SERVICES: PROVIDER REQUIREMENTS
(1) Self-directed Personal Assistance Services (PAS) providers must employ program oversight staff to perform the following self-directed oversight activities:
(a) assist members to identify resources for personal assistants;
(b) advise the member regarding program requirements;
(c) complete compliance documentation and follow-up if the member does not comply with program requirements; and
(d) provide documentation to ensure that the personal representative meets the participation criteria described in ARM 37.40.1117.
(2) Self-directed PAS providers must maintain staff resources, including a program oversight staff and person-centered plan facilitator, to perform the necessary PAS duties as referenced in ARM 37.40.1114. The program oversight staff and person-centered plan facilitator may be the same person.
(3) Self-directed program oversight staff must meet the following criteria:
(a) have at least one year's experience in aging and disability services;
(b) receive training in PAS; and
(c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1125.
(4) Self-directed plan facilitators must meet the following criteria:
(a) have at least one year's experience in aging and disability services;
(b) receive certification in the person-centered planning process; and
(c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1125.
(5) The PAS provider agency must provide documentation to verify program oversight staff and plan facilitator credentials, certification, and training.
(6) Self-directed PAS provider agencies must act as the employer of record for direct-care workers for the purposes of payroll and federal hiring practices.

Mont. Admin. r. 37.40.1127

AMD, 2024 MAR p. 332, Eff. 2/24/2024

AUTH: 53-2-201, 53-6-101, MCA; IMP: 53-2-201, 53-6-113, MCA