(1) The state department shall offer in-home support services as an option for eligible persons who receive home- and community-based services. In-home support services shall be provided to eligible persons. The state department shall seek any federal authorization that may be necessary to implement this part 12. The state department shall design and implement in-home support services with input from consumers of home- and community-based services and independent living centers and home- and community-based service providers.
(1.5) Repealed.
(2) An eligible person receiving in-home support services or the eligible person's authorized representative or parent or guardian shall be allowed to:
Choose the eligible person's in-home support service agency or the eligible person'sattendant; and
Direct the eligible person's care, including directly scheduling, managing, and supervising the attendant, and determine the level of in-home support services agency support.
Sections 12-255-104 (7), (8.5), and (11), 12-255-125 (1), and 12-255-214 (1)(b) shallnot apply to a person who is directly employed by an in-home support service agency to provide in-home support services and who is acting within the scope and course of such employment or is a family member providing in-home support services pursuant to this part 12. However, such person may not represent himself or herself to the public as a licensed nurse, a certified nurse aide, a licensed practical or professional nurse, a registered nurse, or a registered professional nurse. This exclusion shall not apply to any person who has had his or her license as a nurse or certification as a nurse aide suspended or revoked or his or her application for such license or certification denied.
(a) In-home support service agencies providing in-home support services shall provide twenty-four-hour back-up services to their clients. In-home support service agencies shall either contract with or have on staff a state licensed health care professional, as defined by the state board by rule, acting within the scope of the person's profession. The state board shall promulgate rules setting forth the training requirements for attendants providing in-home support services and the oversight and monitoring responsibilities of the state licensed health care professional that is either contracting with or is on staff with the in-home support service agency. The state board rules must allow the eligible person or the eligible person's authorized representative, parent of a minor, or guardian to determine, in conjunction with the in-home support services agency, the amount of oversight needed in connection with the eligible person's in-home support services.
(b) The state board shall promulgate rules that establish how an in-home support service agency can discontinue a client under this part 12. The rules shall establish that a client can only be involuntarily discontinued when equivalent care in the community has been secured or that a client can be discontinued after exhibiting documented prohibited behavior involving attendants, including abuse of attendants, and that dispute resolution has failed. The determination of whether an in-home support service agency has made adequate attempts at resolution shall be made by the state department.
The single entry point agencies established in section 25.5-6-106 shall be responsiblefor determining a person's eligibility for in-home support services; except that for eligible disabled children the state department shall designate the entity that will determine the child's eligibility. The state board shall promulgate rules specifying the single entry point agencies' responsibilities under this part 12. At a minimum, these rules shall require that case managers discuss the option and potential benefits of in-home support services with all eligible long-term care clients.
Section 25.5-6-310 does not apply to a family member of an eligible person whoprovides in-home support services to the eligible person pursuant to this part 12. The state board shall promulgate rules, as necessary, to establish limits on reimbursement to family members.
In administering the provision of in-home support services pursuant to this part 12,the state department shall:
Implement a system for the routine and accurate monitoring of the number of personsreceiving in-home support services; and
Provide comprehensive, periodic training for all single entry point agencies in thestate, which training shall include, at a minimum:
The current eligibility requirements for the receipt of in-home support services; and
The location of, and contact information for, the in-home support service agenciesproviding in-home support services in the state.
Source: L. 2006: Entire article added with relocations, p. 1971, § 7, effective July 1. L. 2011: (7) added, (SB 11-105), ch. 277, p. 1244, § 1, effective June 2. L. 2014: (1.5) added and (2), (4)(a), and (6) amended, (HB 14-1357), ch. 254, p. 1014, § 3, effective March 1, 2015. L. 2019: (1.5) repealed, (SB 19-164), ch. 371, p. 3386, § 4, effective August 2; (3) amended, (HB 19-1172), ch. 136, p. 1711, § 190, effective October 1. L. 2020: (3) amended, (HB 20-1183), ch. 157, p. 703, § 62, effective July 1.
Editor's note: This section is similar to former § 26-4-1403 as it existed prior to 2006.