37.100.157    ADULT FOSTER CARE HOMES (AFCH): THIRD PARTY PROVIDERS

(1) It is recognized that residents may require temporary in-home services from third party providers. The following third party services are allowed in an AFCH:

(a) If the provider who is the only service provider in the home becomes temporarily incapacitated for two weeks or less, a home attendant, personal care attendant, or other qualified person may come into the home to provide the needed services.

(b) If a resident's practitioner prescribes temporary in-home skilled nursing services for less than 30 days to prevent the resident's hospital confinement, skilled nursing services may be provided in the AFCH for a period not to exceed 30 days.

(c) If a current resident requires hospice services, such services may be provided in the AFCH for an indefinite period.

(2) The third party in-home skilled nursing services as outlined in (b) must not exceed two hours per day per resident.

(3) The day and hour limits established in this rule are not limitations on the availability of services from any state or federally funded in-home service programs, but are established to ensure that AFCHs provide light personal care and custodial services, not skilled nursing services.

(4) Payment from third party in-home services is the responsibility of the resident.

(5) Documentation of the services provided to the resident must be retained in the resident record.

History: 50-5-103, 50-5-215, MCA; IMP, 50-5-103, 50-5-215, MCA; NEW, 1989 MAR p. 2207, Eff. 12/22/89; TRANS, from DFS, 1998 MAR p. 667; AMD, 2014 MAR p. 1098, Eff. 5/23/14.