§ 143B-181.10. Respite care program established; eligibility; services; administration; payment rates.
Part 14C. Respite Care Program.
§ 143B‑181.10. Respite care programestablished; eligibility; services; administration; payment rates.
(a) A respite care program is established to provide neededrelief to caregivers of impaired adults who cannot be left alone because ofmental or physical problems.
(b) Those eligible for respite care under the programestablished by this section are limited to those unpaid primary caregivers whoare caring for people 60 years of age or older and their spouses, or those unpaidprimary caregivers 60 years of age or older who are caring for persons 18 yearsof age or older, who require constant supervision and who cannot be left aloneeither because of memory impairment, physical immobility, or other problemsthat renders them unsafe alone.
(c) Respite care services provided by the programs establishedby this section may include:
(1) Counseling and training in the caregiving role, includingcoping mechanisms and behavior modification techniques;
(2) Counseling and accessing available local, regional, andState services;
(3) Support group development and facilitation;
(4) Assessment and care planning for the patient of thecaregiver;
(5) Attendance and companion services for the patient in orderto provide release time to the caregiver;
(6) Personal care services, including meal preparation, for thepatient of the caregiver;
(7) Temporarily placing the person out of his home to providethe caregiver total respite when the mental or physical stress on the caregivernecessitates this type of respite.
Programfunds may provide no more than the current adult care. An out of home placementis defined as placement in a hospital, skilled or intermediate nursingfacility, adult care home, adult day health center, or adult day care center.Duration of the service period may extend beyond a year.
(d) The respite care program established by this section shallbe administered by the Division of Aging consistent with the policies andprocedures of the Older Americans Act. The programs shall be coordinated withother appropriate Divisions in the Department of Health and Human Services, andwith agencies and organizations concerned with the delivery of services tofrail older adults and their unpaid caregivers. The Division shall chooserespite care provider agencies in accordance with procedures outlined under theOlder Americans Act and shall include the following criteria: documentedcapacity to provide care, adequacy of quality assurance, training, supervision,abuse prevention, complaint mechanisms, and cost. All funds allocated by theDivision pursuant to this section shall be allocated on the same basis asfunding under the Older Americans Act.
(e) Funding for the Division of Aging to administer this programshall not exceed the percentage allowed for administration as provided in theOlder Americans Act but shall not be less than that budgeted for administrationin fiscal year 1988‑89.
(f) Unless prohibited by federal law, caregivers receivingrespite care services through the program established by this section shall payfor some of the services on a sliding scale depending on their ability to pay.The Division of Aging, in consultation with the Councils of Governments in eachregion, shall specify rates of payment for the services. (1985 (Reg. Sess., 1986), c. 1014, s. 7.1; 1989, c.500, s. 96(a); c. 770, s. 63; 1991, c. 332, s. 1; 1995, c. 535, s. 34; 1997‑443,s. 11A.118(a); 1998‑97, s. 1; 2000‑50, s. 1.)