[§346-333]  Home and community-based case
management agency, authority over and evaluation of.  (a)  Any person,
agency, or organization engaged in providing, coordinating, or monitoring
comprehensive services to clients in community care foster family homes, or
medicaid clients in expanded adult residential care homes, and assisted living
facilities, shall meet the standards of conditions, management, and competence
set by the department and hold a license in good standing issued for this
purpose by the department.



(b)  The department shall adopt rules pursuant
to chapter 91 relating to:



(1)  Standards for the organization and administration
of home and community-based case management agencies;



(2)  Standards of conditions, management, and
competence of home and community-based case management agencies;



(3)  Procedures for obtaining and renewing a license
from the department; and



(4)  Minimum grievance procedures for clients of case
management services.



(c)  As a condition for obtaining a license, a
person, agency, or organization shall comply with rules adopted under
subsection (b)(1), (2), and (3), and satisfy the background check requirements
under section 346-335.  The department may deny a license if:



(1)  An operator, employee, or new employee of the
home and community-based case management agency has been convicted of a crime
other than a minor traffic violation involving a fine of $50 or less;



(2)  The department finds that the criminal history
record of an operator, employee, or new employee poses a risk to the health,
safety, or well-being of adults receiving care in community care foster family
homes, expanded adult residential care homes, or assisted living facilities;



(3)  An operator, employee, or new employee of the
home and community-based case management agency is a perpetrator of abuse as
defined in section 346-222; or



(4)  The holder of or an applicant for a home and
community-based case management agency license, or one of its employees, has a
certificate of approval to operate a community care foster family home, or a
license from the department of health to operate an adult residential care
home, expanded adult residential care home, or assisted living facility.



(d)  Upon approval of any home and
community-based case management agency, the department or its authorized agents
shall issue a license, which shall continue in force for one year, or for two
years if a home and community-based case management agency has been licensed
for at least one year and is in good standing pursuant to standards adopted by
the department, unless sooner revoked for cause.  The department or its
authorized agents shall renew the license only if, after an annual or biennial
evaluation, the agency continues to meet the standards established by the
department.



(e)  The department shall evaluate the home and
community-based case management agency to determine compliance with the
requirements established under this section:



(1)  Annually or biennially; or



(2)  Upon receipt of a complaint that the home and
community-based case management agency is in violation of the requirements
established under this section.



(f)  The department may suspend or revoke a
license if the department deems that the agency is unwilling or unable to
comply with the rules adopted under this section; provided that:



(1)  Upon suspension or revocation of a license, the
home and community-based case management agency shall no longer be licensed and
shall immediately notify the agency's clients and community care foster family
homes, expanded adult residential care homes, and assisted living facilities in
which the agency is providing services to clients;



(2)  A home and community-based case management agency
whose license has been suspended or revoked may appeal the suspension or
revocation to the department through its established process, but the appeal
shall not stay the suspension or revocation;



(3)  A suspended or revoked license may be reinstated
if the department deems that the agency is willing and able to comply with the
rules adopted under this section; and



(4)  A revoked license shall be restored only after a
new application is made and reviewed under this part.



(g)  Any home and community-based case
management agency shall be subject to investigation by the department at any
time and in the manner, place, and form as provided in the department's rules.



(h)  The department shall adopt standard forms
of contract that the home and community-based case management agency shall use
with each of its clients, community care foster family homes, expanded adult
residential care homes, and assisted living facilities.



(i)  The department shall establish a review
board consisting of three operators of community care foster family homes and
three operators of expanded adult residential care homes.  The review board
shall monitor referrals and placements of clients by each home and
community-based case management agency on a monthly basis.  Each home and
community-based case management agency shall be required to provide monthly
reports to the review board.



(j)  The home and community-based case
management agency shall have a fiduciary duty to each client it serves.



(k)  A home and community-based case management
agency shall not enter into an agreement that requires a community care foster
family home to accept that agency's clients exclusively. [L 2001, c 273, pt of
§1, §6; am L 2003, c 98, §3; am L 2004, c 153, pt of §1, §§2, 5; am L 2006, c
236, §1]