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37.40.1440    HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: PARTICIPATION DIRECTION

(1) Participant direction is defined in ARM 37.40.1402.

(2) Services may be directed by:

(a) an adult who has the capacity to self-direct;

(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 consumer's needs and preferences.

History: 53-2-201, 53-6-101, 53-6-111, 53-6-113, 53-6-402, MCA; IMP, 53-2-201, 53-6-101, 53-6-111, 53-6-402, MCA; NEW, 2011 MAR p. 1722, Eff. 8/26/11.

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