§ 15-805. Community attendant services and supports

   (a) Rights of consumer. --

   (1) To the extent possible, a consumer may select, manage, and control the consumer's community attendant services and supports.

   (2) A consumer may choose between a consumer-directed individual provider model or an agency-provider model.

   (3) Under a consumer-directed model, a consumer may use a fiscal agent to obtain services.

(b) Requirements. --

   (1) Attendant services and supports shall be designed to assist a consumer in accomplishing activities of daily living and health-related functions through:

      (i) Hands-on assistance;

      (ii) Supervision; or

      (iii) Cueing, prompting, or reminding the consumer about an activity.

   (2) Attendant services and supports shall be provided in a consumer's home or other independent or supported living environment, including school, work, recreational, and religious settings.

   (3) Attendant services and supports may not be provided in:

      (i) A nursing facility;

      (ii) An intermediate care facility for individuals with an intellectual disability; or

      (iii) A facility that provides food, shelter, and treatment services to four or more individuals unrelated to the proprietor.

(c) Availability. -- Community attendant services and supports shall be available 24 hours a day, 7 days a week, and provide backup and emergency community attendant services and supports when necessary.

(d) Personal assistant. --

   (1) A consumer may select or hire anyone, including a family member, as a personal assistant.

   (2) Based on consumer recommendations, the Department may waive certain qualifications required by regulation for a personal assistant, if the personal assistant is a family member or is known and chosen by the consumer.

   (3) A family member, except the consumer's spouse, may receive medical assistance payments for providing services.

   (4) The Department shall offer a consumer training on:

      (i) How to select, manage, and dismiss an attendant or personal assistant; and

      (ii) The financial management of community attendant services and supports.

HISTORY: 2008, ch. 649, § 2; 2009, ch. 119.