37.40.1127    SELF-DIRECTED PERSONAL ASSISTANCE SERVICES: PROVIDER REQUIREMENTS

(1) Self-directed Personal Assistance Services (PAS) providers must employ program oversight staff to perform the following self-directed oversight activities:

(a) assist members to identify resources for personal assistants;

(b) advise the member regarding program requirements;

(c) complete compliance documentation and follow-up if the member does not comply with program requirements; and

(d) provide documentation to ensure that the personal representative meets the participation criteria described in ARM 37.40.1117.

(2) Self-directed PAS providers must maintain staff resources, including a program oversight staff and person-centered plan facilitator, to perform the necessary PAS duties as referenced in ARM 37.40.1114. The program oversight staff and person-centered plan facilitator may be the same person.

(3) Self-directed program oversight staff must meet the following criteria:

(a) have at least one year's experience in aging and disability services;

(b) receive training in PAS; and

(c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1125.

(4) Self-directed plan facilitators must meet the following criteria:

(a) have at least one year's experience in aging and disability services;

(b) receive certification in the person-centered planning process; and

(c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1125.

(5) The PAS provider agency must provide documentation to verify program oversight staff and plan facilitator credentials, certification, and training.

(6) Self-directed PAS provider agencies must act as the employer of record for direct-care workers for the purposes of payroll and federal hiring practices.

History: 53-2-201, 53-6-101, MCA; IMP, 53-2-201, 53-6-113, MCA; NEW, 2014 MAR p. 3086, Eff. 12/25/14; AMD, 2024 MAR p. 332, Eff. 2/24/24.