Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,100.Home and community based services program; definitions;program requirements; demonstration projects.(a) As used in this section:
(1) "Home and community based services programs"mean the programs established under the state medicalassistance programunder plans or waivers as defined in the federal socialsecurity act in accordance with the plans or waivers adopted by thesecretary of social and rehabilitation services and the secretary of aging,either separately or jointly, to provide attendant care services toindividuals in need ofin-home care who would require admission to an institution if the attendantcare services were not otherwise provided.
(2) "Secretary" means either the secretary of social and rehabilitationservices or the secretary of aging.
(b) The secretary as part of the home and community based services programs,subject to social security act grant requirements,shall providethat:
(1) Priority recipients of attendant care services shall be thoseindividuals in need of in-home care who are at the greatest risk of beingplaced in an institutional setting;
(2) individuals in need of in-home care who are recipients of attendantcare services and the parents or guardians of individuals who are minorsat least 16 years of age and who are in need of in-home care shall havethe right to choose the option to make decisions about, direct theprovisions of and control the attendant care servicesreceived by such individuals including, but not limited to, selecting,training, managing, paying and dismissing of an attendant;
(3) any proposals to provide attendant care services solicited by thesecretary shall be selected based on service priorities developed by thesecretary, except that priority shall be given to proposals that will servethose at greatest risk of being placed in an institution as determined by thesecretary;
(4) providers, where appropriate, shall include individuals in need ofin-home care in the planning, startup, delivery and administration ofattendant care services and the training of personal care attendants; and
(5) within the limits of appropriations therefor, the home and communitybased services programs shall serve eligible individuals inneed of in-homecare throughout this state.
(c) Within the limits of appropriations therefor, the secretary mayinitiate demonstration projects to test new ways of providing attendantcare services and may conduct specific research into ways to best provideattendant care services in both urban and rural environments.
History: L. 1989, ch. 191, § 2; L. 1990, ch. 233, § 4;L. 1996, ch. 271, § 13; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,100.Home and community based services program; definitions;program requirements; demonstration projects.(a) As used in this section:
(1) "Home and community based services programs"mean the programs established under the state medicalassistance programunder plans or waivers as defined in the federal socialsecurity act in accordance with the plans or waivers adopted by thesecretary of social and rehabilitation services and the secretary of aging,either separately or jointly, to provide attendant care services toindividuals in need ofin-home care who would require admission to an institution if the attendantcare services were not otherwise provided.
(2) "Secretary" means either the secretary of social and rehabilitationservices or the secretary of aging.
(b) The secretary as part of the home and community based services programs,subject to social security act grant requirements,shall providethat:
(1) Priority recipients of attendant care services shall be thoseindividuals in need of in-home care who are at the greatest risk of beingplaced in an institutional setting;
(2) individuals in need of in-home care who are recipients of attendantcare services and the parents or guardians of individuals who are minorsat least 16 years of age and who are in need of in-home care shall havethe right to choose the option to make decisions about, direct theprovisions of and control the attendant care servicesreceived by such individuals including, but not limited to, selecting,training, managing, paying and dismissing of an attendant;
(3) any proposals to provide attendant care services solicited by thesecretary shall be selected based on service priorities developed by thesecretary, except that priority shall be given to proposals that will servethose at greatest risk of being placed in an institution as determined by thesecretary;
(4) providers, where appropriate, shall include individuals in need ofin-home care in the planning, startup, delivery and administration ofattendant care services and the training of personal care attendants; and
(5) within the limits of appropriations therefor, the home and communitybased services programs shall serve eligible individuals inneed of in-homecare throughout this state.
(c) Within the limits of appropriations therefor, the secretary mayinitiate demonstration projects to test new ways of providing attendantcare services and may conduct specific research into ways to best provideattendant care services in both urban and rural environments.
History: L. 1989, ch. 191, § 2; L. 1990, ch. 233, § 4;L. 1996, ch. 271, § 13; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,100.Home and community based services program; definitions;program requirements; demonstration projects.(a) As used in this section:
(1) "Home and community based services programs"mean the programs established under the state medicalassistance programunder plans or waivers as defined in the federal socialsecurity act in accordance with the plans or waivers adopted by thesecretary of social and rehabilitation services and the secretary of aging,either separately or jointly, to provide attendant care services toindividuals in need ofin-home care who would require admission to an institution if the attendantcare services were not otherwise provided.
(2) "Secretary" means either the secretary of social and rehabilitationservices or the secretary of aging.
(b) The secretary as part of the home and community based services programs,subject to social security act grant requirements,shall providethat:
(1) Priority recipients of attendant care services shall be thoseindividuals in need of in-home care who are at the greatest risk of beingplaced in an institutional setting;
(2) individuals in need of in-home care who are recipients of attendantcare services and the parents or guardians of individuals who are minorsat least 16 years of age and who are in need of in-home care shall havethe right to choose the option to make decisions about, direct theprovisions of and control the attendant care servicesreceived by such individuals including, but not limited to, selecting,training, managing, paying and dismissing of an attendant;
(3) any proposals to provide attendant care services solicited by thesecretary shall be selected based on service priorities developed by thesecretary, except that priority shall be given to proposals that will servethose at greatest risk of being placed in an institution as determined by thesecretary;
(4) providers, where appropriate, shall include individuals in need ofin-home care in the planning, startup, delivery and administration ofattendant care services and the training of personal care attendants; and
(5) within the limits of appropriations therefor, the home and communitybased services programs shall serve eligible individuals inneed of in-homecare throughout this state.
(c) Within the limits of appropriations therefor, the secretary mayinitiate demonstration projects to test new ways of providing attendantcare services and may conduct specific research into ways to best provideattendant care services in both urban and rural environments.
History: L. 1989, ch. 191, § 2; L. 1990, ch. 233, § 4;L. 1996, ch. 271, § 13; July 1.
