37.40.1440 HOME AND COMMUNITY-BASED SERVICES FOR ELDERLY AND PHYSICALLY DISABLED PERSONS: PARTICIPATION DIRECTION (1) Participant direction is defined in ARM 37.40.1402. (2) Services may be directed by: (a) an adult who has the capacity to self-direct; (b) a legal representative of the member, including a parent, spouse, or legal guardian; or (c) a nonlegal representative freely chosen by the member or his/her legal representative. (3) The person directing the services must: (a) be 18 years of age or older; (b) successfully complete required training for self-direction; and (c) if acting in the capacity of a representative demonstrate understanding of the consumer's needs and preferences. History: 53-2-201, 53-6-101, 53-6-111, 53-6-113, 53-6-402, MCA; IMP, 53-2-201, 53-6-101, 53-6-111, 53-6-402, MCA; NEW, 2011 MAR p. 1722, Eff. 8/26/11. |