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37.100.157    ADULT FOSTER HOMES, 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 adult foster care homes:

(a) If the home operator who is the only service provider in the home becomes temporarily incapacitated (2 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 physician prescribes temporary (less than 30 days) in-home skilled nursing services to prevent the resident's hospital confinement, skilled nursing services may be provided in the adult foster home for a period not to exceed 30 days.

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

(2) The third party in-home skilled nursing services or hospice services shall not exceed 2 hours per day per resident.

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

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

History: Sec. 53-5-304, MCA; IMP, Sec. 53-5-303 and 53-5-304, MCA; NEW, 1989 MAR p. 2207, Eff. 12/22/89; TRANS, from DFS, 1998 MAR p. 667.

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