208.906. Determination of eligibility--personal care service plan to be developed--reevaluation required.

Determination of eligibility--personal care service plan to bedeveloped--reevaluation required.

208.906. 1. The department shall initiate the determination of anapplicant's eligibility for personal care assistance services as follows:

(1) For all persons who had been receiving personal care assistanceservices on August 28, 2005, the department shall initiate reverificationof the consumer's eligibility for personal care assistance services notlater than one year following August 28, 2005. For all suchreverifications in which the person is found to remain eligible, thedepartment shall also review the person's personal care assistanceauthorized by the department to determine if it shall be maintained,adjusted, or eliminated according to the person's current situation at thereverification;

(2) For all applicants for personal care assistance services whoapply for such services on or after August 28, 2005, the department shallinitiate the determination of an applicant's eligibility for personal careassistance services within thirty days of receipt of a completedapplication;

(3) After the assessment described in subdivisions (1) and (2) ofthis subsection, the department shall reverify the applicant's eligibilityfor personal care assistance services at least every twelve months;

(4) All such determinations made under subdivisions (1), (2), and (3)of this subsection shall be made using the same common assessment tool usedby the department for assessment of other disabled and aged adults;

(5) All such determinations made under subdivisions (1), (2), and (3)shall be made in strict compliance with the provisions of subsection 3* ofsection 208.909.

2. The applicant shall be notified of the initial determination ofthe department on his or her eligibility for personal care assistanceservices within ten days of determination.

3. Upon a determination of eligibility, the department shall developa personal care assistance services plan which shall include, but is notlimited to, the following:

(1) The maximum number of units of fifteen-minute increments ofpersonal care assistance services to be provided; and

(2) Dates of initiation of, and reverification of the personal careassistance services provided.

4. Upon a determination of eligibility and completion of a personalcare assistance services plan, the consumer shall choose a vendor ofpersonal care assistance services from a list of eligible vendorsmaintained by the department. The vendor shall be responsible formaintaining a list of eligible personal care attendants. The personal careassistance services plan shall be signed by the consumer and arepresentative of the department. Copies of the plan shall be provided tothe consumer, the vendor, and the department.

5. The needs of the consumer shall be reevaluated annually by thedepartment, and the amount of assistance authorized by the department shallbe maintained, adjusted, or eliminated accordingly.

(L. 2005 S.B. 539 § 660.667)

*Original rolls contain "subsection 2", a typographical error.