27-13-7. Fiscal intermediary; exemptions; workers' compensation.
322 words·~1 min read·
/nm/chapter-27-public-assistance/article-13-consumer-direction/27-13-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant:
(1)is not a current or former employee of the fiscal intermediary;
(2)has not received training or instruction from the fiscal intermediary with respect to providing personal care services to a person with a disability, not including administrative paper work;
(3)has been hired by and received training or instruction from the consumer or the consumer's authorized representative to provide personal care to the consumer; and
(4)provides basic assistance with daily living activities that do not require the education, certification or training of a licensed health care practitioner.
B. A fiscal intermediary may identify a personal care attendant as a covered employee with the fiscal intermediary's workers' compensation carrier solely to provide workers' compensation coverage in the event of a work-related injury. Nothing in this subsection shall be construed to create an employer-employee relationship between the fiscal intermediary and the personal care attendant.
C. Nothing in this section shall be construed to provide the fiscal intermediary with immunity from a claim for a wrongful act committed by the fiscal intermediary or its employees.
D. As used in this section:
(1)"consumer" means a person who is eligible for and receives state-funded or -operated services based on the person's disabilities;
(2)"fiscal intermediary" means a provider that furnishes administrative assistance for a consumer who selects a consumer-directed, rather than consumer- delegated, personal care program;
(3)"personal care attendant" means a person who provides assistance to a consumer with activities of daily living, including bathing, dressing, eating, transportation, shopping and similar activities; and
(4)"personal care program" means a state-funded or -operated support program, including medicaid, that provides the services of a personal care attendant for certain persons with a disability.
History: Laws 2003, ch. 207, § 1; 2007, ch. 46, § 23.