(1) Personal care services are medically necessary in-home services provided to medicaid recipients whose health conditions cause them to be functionally limited in performing activities of daily living. Personal care services are intended to prevent or delay institutionalization by providing medically necessary, long-term maintenance or supportive care in the home.

(2) Personal care includes assistance with the following activities:

(a) activities of daily living;

(b) household tasks; and

(c) escort services.

(3) Activities of daily living are limited to bathing, grooming, transferring, walking, eating, dressing, toileting, self-administered medication and meal preparation.

(4) Household tasks are limited to housekeeping activities, provided in accordance with the personal care plan and furnished in conjunction with activities of daily living, that are directly related to the recipient's medical needs. Household tasks include only:

(a) cleaning the area used by the recipient;

(b) changing the recipient's bed linens;

(c) doing the recipient's laundry; and

(d) shopping for groceries and household items essential to the health care, nutritional needs, and maintenance of the recipient.

(5) Escort services are provided by a personal care attendant who accompanies the recipient to a medical examination, treatment or for shopping to meet the recipient's essential health care or nutritional needs. Escort services are available to a recipient who requires personal care services enroute or at the destination, when a family member or caregiver is unable to accompany them.

(6) Personal care services may not include any skilled services that require professional medical training unless otherwise permitted under 37-8-103 , MCA.

(7) Personal care services may not include services which maintain an entire household or family or which are not medically necessary. Personal care services do not include:

(a) cleaning floors and furniture in areas recipients do not use or occupy;

(b) laundering clothing or bedding recipients do not use;

(c) supervision, respite care, babysitting or visiting;

(d) maintenance of animals unless the animal is a certified service animal specifically trained to meet the safety needs of the recipient; and

(e) home and outside maintenance.

(8) Personal care provided by a member of the recipient's immediate family is not personal care services for the purposes of the medicaid program, and is not eligible for reimbursement.

(a) Immediate family member includes the following:

(i) husband or wife;

(ii) natural parent;

(iii) natural child;

(iv) natural sibling;

(v) adopted child;

(vi) adoptive parent;

(vii) stepparent;

(viii) stepchild;

(ix) step-brother or step-sister;

(x) father-in-law or mother-in-law;

(xi) son-in-law or daughter-in-law;

(xii) brother-in-law or sister-in-law;

(xiii) grandparent;

(xiv) grandchild;

(xv) foster parents; or

(xvi) foster child.