SCS/SB 595 - Under current law, vendors of consumer-directed services shall monitor the performance of personal care assistance service plans. This act requires the consumer to permit the vendor to comply with its quality assurance and supervision process, including annual face-to-face home visits and monthly case management activities. During the home visits, the vendor shall document if the attendant providing services as set forth in the plan of care and report to the Department if the attendant is not providing services, which may result in a suspension of services to the consumer. This act repeals language permitting the Department of Health and Senior Services to establish certain pilot projects for telephone tracking systems.
This act also requires vendors to notify consumers during orientation that falsification of personal care attendant time sheets shall be considered and reported to the Department as fraud.
Under this act, a vendor shall submit an annual financial statement audit or annual financial statement review performed by a certified public accountant to the Department upon request. The Department shall require the vendor to maintain a business location in compliance with any and all city, county, state, and federal requirements. Additionally, this act requires the Department to create a consumer-directed services division provider certification manager course. No state or federal funds shall be authorized or expended for personal care assistance services if a direct employee of the vendor is conducting the home visit and is also the personal care attendant, unless such person provides services solely on a temporary basis on no more than three days in a thirty-day period.
Currently, a consumer's services may be discontinued if the consumer has falsified records. This act adds language to include providing false information of his or her condition, functional capacity, or level of care needs.
This act requires the consumer, the personal care attendant, and the vendor to report to the Department if the consumer's health or his or her ability to self-direct care has significantly changed.
Finally, the Department shall, subject to appropriations, develop an interactive assessment tool for utilization by the Division of Senior and Disability Services when implementing the assessment and authorization process for home and community-based services authorized by the Division.
This act is substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and similar to provisions in the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 399 (2019), the perfected SS/SCS/SBs 70 & 128 (2019), SB 441 (2019), HCS/HB 1885 (2018) and HB 2500 (2018), provisions in HB 377 (2019), SCS/HCS/HB 466 (2019), SB 969 (2018), and provisions of SB 526 (2017).
SARAH HASKINS