205.5606 Kentucky Independence Plus Through Consumer-Directed Services
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/ky/205-5606A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Program -- Consumer participation -- Responsibilities of cabinet and
fiscal intermediary -- Background screening -- Regulations.
(1)The Cabinet for Health and Family Services shall establish the Kentucky
Independence Plus Through Consumer-Directed Services Program that shall
provide an option within each of the home and community-based services
waivers. The option within each of the waiver programs shall be based on the
principles of consumer choice and control and that shall be implemented upon
federal approval, if required. The program shall allow enrolled persons to assist
with the design of their programs and choose their providers of services and to
direct the delivery of services to meet their needs.
(2)The cabinet shall establish interagency cooperative agreements with any state
agency as needed to implement and administer the program.
(3)A person who is enrolled in a Medicaid home and community-based waiver
program may choose to participate in the consumer-directed services program.
(4)A consumer shall be allocated a monthly budget allowance based on the
results of his or her assessed functional needs, his or her person-centered
plan, and the financial resources of the program. The budget allowance shall
be disbursed directly from a cabinet-approved fiscal intermediary on behalf of
the consumer. The cabinet shall develop purchasing guidelines to assist each
consumer in using the budget allowance to purchase needed, cost-effective
services.
(5)A consumer shall use the budget allowance to pay for nonresidential and
nonmedical home and community-based services and supports that meet the
consumer's needs and that constitute a cost-effective use of funds.
(6)A consumer shall be allowed to choose providers of services, including but not
limited to when and how the services are provided. A provider may include a
person otherwise known to the consumer, unless prohibited by federal law.
(7)If the consumer is the employer of record, the consumer's roles and
responsibilities shall include but not be limited to the following:
(a)Developing a job description;
(b)Selecting providers and submitting information for any required
background screening;
(c)With assistance of the cabinet or its agents, developing a
person-centered plan and communicating needs, preferences, and
expectations about services being purchased;
(d)Providing the fiscal intermediary with all information necessary for
provider payments and tax requirements; and
(e)Ending the employment of an unsatisfactory provider.
(8)If a consumer is not the employer of record, the consumer's roles and
responsibilities shall include but not be limited to the following:
(a)With assistance of the cabinet or its agents, developing a
person-centered plan and communicating needs, preferences, and
expectations about services being purchased;
(b)Ending the services of an unsatisfactory provider; and
(c)Providing the fiscal agent with all information necessary for provider
payments and tax requirements.
(9)The roles and responsibilities of the cabinet or its agents shall include but not
be limited to the following:
(a)Assessing each consumer's functional needs, helping with the
development of a person-centered plan, and providing ongoing
assistance with the plan;
(b)Offering the services of service advisors who shall provide training,
technical assistance, and support to the consumer as prescribed through
an administrative regulation promulgated by the cabinet in accordance
with KRS Chapter 13A;
(c)Approving fiscal intermediaries; and
(d)Establishing the minimum qualifications for all providers and being the
final arbiter of the fitness of any individual to be a provider.
(10)The fiscal intermediary's roles and responsibilities shall include but not be
limited to the following:
(a)Providing recordkeeping services, including but not limited to maintaining
financial records as required through administrative regulation
promulgated in accordance with KRS Chapter 13A by the Cabinet for
Health and Family Services; and
(b)Retaining the consumer-directed funds, processing employment and tax
information, if any, reviewing records to ensure correctness, writing
paychecks to providers, and delivering paychecks.
(a)Each person who provides services or supports under this section shall
comply on an annual basis with any required background screening. A
person shall be excluded from employment upon failure to meet the
background screening requirements unless otherwise exempted through
an administrative regulation promulgated by the cabinet in accordance
with KRS Chapter 13A.
(b)The service advisor shall, as appropriate, complete background
screening as required by this section.
(12)For purposes of this section, a person who has undergone screening, is
qualified for employment under this section, and has not been unemployed for
more than one hundred eighty
(180)days following the screening shall not be
required to be rescreened. Such person must attest under penalty of perjury to
not having been convicted of a disqualifying offense since completing the
screening.
(13)To implement this section:
(a)The cabinet shall be authorized to promulgate necessary administrative
regulations in accordance with KRS Chapter 13A; and
(b)The cabinet shall take all necessary action to ensure state compliance
with federal regulations. The cabinet shall apply for any necessary federal
waivers or federal waiver amendments to implement the program within
three
(3)months following July 13, 2004, pending availability of funding.
(14)The cabinet, with consumer input, shall review and assess the implementation of the consumer-directed program. The cabinet shall provide a report that includes the review of the program and recommendations for improvements to the program upon request.