Ariz. Admin. Code § R9-28-509 - Agency with Choice

Current through Register Vol. 48, No. 14, April 8, 2022

A. Definitions. The following words and phrases, in addition to definitions contained in A.R.S. §§ 36-2901 and 36-2931, and 9 A.A.C. 22, Article 1, have the following meanings specific to this Section:

"Agency" means a provider of home and community based services, other than an individual, that has a co-employment relationship with one or more members for purposes of this Section.

"Co-employment relationship" means a situation where the Agency serves as the legal employer of record and the ALTCS member or authorized representative assumes certain responsibilities related to directing and or managing care.

"Individual's representative" means a parent, family member, guardian, advocate, or other person authorized by the member to serve as a representative in connection with the provision of services and supports. This authorization should be in writing, when feasible, or by another method that clearly indicates the individual's free choice. An individual's representative may not also be a paid caregiver of an individual receiving services and supports.

"Standardized training" means minimum training standards required of all paid caregivers by the Administration as specified in contract.

B. Purpose. The Agency with Choice program is an ALTCS member directed service model for the provision of home and community based services. Under this model, the ALTCS member or individual's representative and the agency enter into a co-employment relationship.
C. In lieu of receiving HCBS services under a traditional service model, a member or the member's individual's representative may choose to participate in the Agency with Choice service model. Under the Agency with Choice service model, the agency shall maintain the authority to hire and fire paid caregivers and provide standardized training to the caregiver, and the member or individual representative may elect to recruit, select, dismiss, determine duties, schedule, specify training to meet the unique needs of the member, and supervise the paid caregivers on a day-to-day basis.
D. Setting. This program is applicable to ALTCS members who reside in their own home.
E. A member who chooses to receive services under the Agency with Choice service model is not precluded from receiving medically necessary, cost-effective services and supports from other agencies or providers if the services provided are not duplicative of the specific attendant care or skilled service already received through the contractor.


Ariz. Admin. Code § R9-28-509
Section made by final rulemaking at 18 A.A.R. 3380, effective January 1, 2013 (Supp. 12-4).

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