Services for the elderly, blind, and disabled.

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(1) Subject to the provisions of this part 3, home- and community-based services for the elderly, blind, and disabled include only the following services:

  1. Adult day care;

  2. Alternative care services;

  3. Electronic monitoring services;

  4. Home modification services;

  5. Homemaker services;

  6. Nonmedical transportation services;

  7. Personal care services;(h) Respite care services; (i) Repealed.

  1. Services provided under the consumer-directed care service model, part 11 of thisarticle;

  2. In-home support services provided pursuant to part 12 of this article.

  1. All providers of home- and community-based services for the elderly, blind, anddisabled may be separately certified to provide other services, if otherwise qualified.

  2. A case management agency may be certified to provide the services described insubsection (1) of this section, if otherwise qualified as a provider under the state medical assistance program.

  3. (a) The case management agency, in coordination with the eligible person, the person's family or guardian, and the person's physician, shall include in each case plan a process by which the eligible person may receive necessary care, which may include respite care, if the eligible person's family or service provider is unavailable due to an emergency situation or to unforeseen circumstances. The eligible person and the person's family or guardian shall be duly informed by the case management agency of these alternative care provisions at the time the case plan is initiated.

(b) The requirements of this subsection (4) shall not apply if the eligible person is residing in an alternative care facility.

Source: L. 2006: Entire article added with relocations, p. 1940, § 7, effective July 1. L. 2014: IP(1) amended and (1)(k) added, (HB 14-1357), ch. 254, p. 1015, § 4, effective March 1, 2015. L. 2018: (1)(i) repealed, (HB 18-1326), ch. 183, p. 1240, § 3, effective July 1.

Editor's note: This section is similar to former § 26-4-607 as it existed prior to 2006.


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