37.90.439    HOME AND COMMUNITY-BASED SERVICES FOR ADULTS WITH SEVERE AND DISABLING MENTAL ILLNESS: SELF-DIRECTED SERVICES

(1) Self-directed services may only be provided by an agency.

(2) Services may be directed by:

(a) a member who has the capacity to self-direct, as determined by the department or the department's designee;

(b) a legal representative of the member, including a parent, spouse, or legal guardian; or

(c) a nonlegal representative freely chosen by the member or his/her legal representative.

(3) The person directing the services must:

(a) be 18 years of age or older;

(b) successfully complete required training for self-direction; and

(c) if acting in the capacity of a representative demonstrate understanding of the member's needs and preferences.

(4) The case management teams must:

(a) refer member to the department's designee for a functional capacity evaluation; and

(b) assist the member to develop an emergency backup plan, identifying and mitigating risks or potential risks, and monitor the health and safety of the member.

(5) Members must:

(a) be capable of making choices about activities of daily living, understand the impact of their choices, and assume responsibility for those choices;

(b) be capable of managing all tasks related to service delivery including recruiting, hiring, scheduling, training, directing, and dismissal of attendants; and

(c) understand the shared responsibility between the member and the provider agency.

(6) The provider agency must:

(a) advise, train, and support the member, as identified in the member's Person-Centered Recovery Plan;

(b) assist with recruiting, interviewing, hiring, training, managing, paying, and dismissing workers; and

(c) monitor health and welfare of the member.

(7) Self-directed services can be terminated when:

(a) the member chooses not to self-direct; or

(b) the case management team or the department identifies an instance where the self-directed option is not in the best interest of the member; and

(c) a corrective action does not improve the situation.

(8) The member must be informed in writing of the plan to transfer to an agency-based service delivery.

 

History: 53-2-201, 53-6-402, MCA; IMP, 53-6-402, MCA; NEW, 2020 MAR p. 1173, Eff. 7/1/20.