208.909. Responsibilities of recipients and vendors.

Responsibilities of recipients and vendors.

208.909. 1. Consumers receiving personal care assistance servicesshall be responsible for:

(1) Supervising their personal care attendant;

(2) Verifying wages to be paid to the personal care attendant;

(3) Preparing and submitting time sheets, signed by both the consumerand personal care attendant, to the vendor on a biweekly basis;

(4) Promptly notifying the department within ten days of any changesin circumstances affecting the personal care assistance services plan or inthe consumer's place of residence; and

(5) Reporting any problems resulting from the quality of servicesrendered by the personal care attendant to the vendor. If the consumer isunable to resolve any problems resulting from the quality of servicerendered by the personal care attendant with the vendor, the consumer shallreport the situation to the department.

2. Participating vendors shall be responsible for:

(1) Collecting time sheets and certifying their accuracy;

(2) The Medicaid reimbursement process, including the filing ofclaims and reporting data to the department as required by rule;

(3) Transmitting the individual payment directly to the personal careattendant on behalf of the consumer;

(4) Monitoring the performance of the personal care assistanceservices plan.

3. No state or federal financial assistance shall be authorized orexpended to pay for services provided to a consumer under sections 208.900to 208.927, if the primary benefit of the services is to the householdunit, or is a household task that the members of the consumer's householdmay reasonably be expected to share or do for one another when they live inthe same household, unless such service is above and beyond typicalactivities household members may reasonably provide for another householdmember without a disability.

4. No state or federal financial assistance shall be authorized orexpended to pay for personal care assistance services provided by apersonal care attendant who is listed on any of the background check listsin the family care safety registry under sections 210.900 to 210.937, RSMo,unless a good cause waiver is first obtained from the department inaccordance with section 660.317, RSMo.

(L. 2005 S.B. 539 § 660.670)