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This is an obsolete version of the rule. Please click on the rule number to view the current version.

37.40.1305    SELF-DIRECTED PERSONAL ASSISTANCE SERVICES, CONSUMER REQUIREMENTS

(1) To qualify for self-directed personal assistance, the consumer must:

(a) have a medical condition which results in the need for personal assistance services;

(b) be capable of assuming the management responsibilities of assistants or have an immediately involved representative willing to assume this responsibility;

(c) have authorization from a physician or health care professional to participate in the program; and

(d) be capable of making choices about activities of daily living, understand the impact of these choices and assume the responsibility of the choices.

(2) The consumer must be capable of acting as though the personal assistant is their employee for the purposes of selection, management and supervision of the personal assistant, although the personal assistant is the employee of a self-directed personal assistance provider.

(a) The consumer has the primary responsibility in the scheduling, training and supervision of the personal assistant. The consumer has the right to require that a particular assistant discontinue providing services to the consumer.

(b) The consumer may have an immediately involved representative assume some or all of the responsibilities imposed by this rule. An immediately involved representative is a person who is directly involved in the day to day care of the consumer. An immediately involved representative must be available to assume the responsibility of managing the consumer's care, including directing the care as it occurs in the home.

History: Sec. 53-6-113 and 53-6-145, MCA; IMP, Sec. 53-6-101 and 53-6-145, MCA; NEW, 1995 MAR p. 2823, Eff. 12/22/95; TRANS, from SRS, 2000 MAR p. 489.

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