Effective - 28 Aug 2020, 2 histories
208.918. Vendor requirements, philosophy and services. — 1. In order to qualify for an agreement with the department, the vendor shall have a philosophy that promotes the consumer's ability to live independently in the most integrated setting or the maximum community inclusion of persons with physical disabilities, and shall demonstrate the ability to provide, directly or through contract, the following services:
(1) Orientation of consumers concerning the responsibilities of being an employer and supervision of personal care attendants including the preparation and verification of time sheets. Such orientation shall include notifying customers that falsification of attendant visit verification records shall be considered fraud and shall be reported to the department. Such orientation shall take place in the presence of the personal care attendant, to the fullest extent possible;
(2) Training for consumers about the recruitment and training of personal care attendants;
(3) Maintenance of a list of persons eligible to be a personal care attendant;
(4) Processing of inquiries and problems received from consumers and personal care attendants;
(5) Ensuring the personal care attendants are registered with the family care safety registry as provided in sections 210.900 to 210.936; and
(6) The capacity to provide fiscal conduit services through a telephone tracking system by the date required under section 208.909.
2. In order to maintain its agreement with the department, a vendor shall comply with the provisions of subsection 1 of this section and shall:
(1) Demonstrate sound fiscal management as evidenced on accurate quarterly financial reports and an annual financial statement audit performed by a certified public accountant if the vendor's annual gross revenue is two hundred thousand dollars or more or, if the vendor's annual gross revenue is less than two hundred thousand dollars, an annual financial statement audit or annual financial statement review performed by a certified public accountant. Such reports, audits, and reviews shall be completed and made available upon request to the department;
(2) Demonstrate a positive impact on consumer outcomes regarding the provision of personal care assistance services as evidenced on accurate quarterly and annual service reports submitted to the department;
(3) Implement a quality assurance and supervision process that ensures program compliance and accuracy of records, including, but not limited to:
(a) The department of health and senior services shall promulgate by rule a consumer-directed services division provider certification manager course; and
(b) The vendor shall perform ongoing monitoring of the provision of services in the plan of care and shall assess the quality of care being delivered. Such monitoring shall include at least one annual face-to-face visit and may include electronic monitoring, telephone checks, written case notes, or other department-approved methods. The ongoing monitoring shall not preclude the vendor's responsibility of ongoing diligence of case management activity oversight;
(4) Comply with all provisions of sections 208.900 to 208.927, and the regulations promulgated thereunder; and
(5) Beginning July 1, 2022, maintain a business location which shall comply with any and all applicable city, county, state, and federal requirements.
3. No state or federal funds shall be authorized or expended to pay for personal care assistance services under sections 208.900 to 208.927 if any direct employee of the consumer-directed services vendor conducts the face-to-face home visit of a consumer for whom such employee is also the personal care attendant, unless such person provides services solely on a temporary basis on no more than three days in a thirty-day period.
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(L. 2005 S.B. 539 § 660.679, A.L. 2010 S.B. 842, et al. merged with S.B. 1007, A.L. 2020 H.B. 1682)