Effective - 28 Aug 2020, 2 histories
208.924. Discontinuation of services, when. — 1. A consumer's personal care assistance services may be discontinued under circumstances such as the following:
(1) The department learns of circumstances that require closure of a consumer's case, including one or more of the following: death, admission into a long-term care facility, no longer needing service, or inability of the consumer to consumer-direct personal care assistance service;
(2) The consumer has falsified records; provided false information of his or her condition, functional capacity, or level of care needs; or committed fraud;
(3) The consumer is noncompliant with the plan of care. Noncompliance requires persistent actions by the consumer which negate the services provided in the plan of care;
(4) The consumer or member of the consumer's household threatens or abuses the personal care attendant or vendor to the point where their welfare is in jeopardy and corrective action has failed;
(5) The maintenance needs of a consumer are unable to continue to be met because the plan of care hours exceed availability; and
(6) The personal care attendant is not providing services as set forth in the personal care assistance services plan and attempts to remedy the situation have been unsuccessful.
2. The personal care attendant shall report to the department if he or she witnesses significant deterioration of the health of the consumer or if he or she has a belief that the consumer is no longer capable of self-directed care.
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(L. 2005 S.B. 539 § 660.684, A.L. 2020 H.B. 1682)