Iowa Admin. Code r. 441-77.33 - HCBS elderly waiver service providers

Current through Register Vol. 44, No. 12, December 15, 2021

HCBS elderly waiver services shall be rendered by a person who is at least 16 years old (except as otherwise provided in this rule) and is not the spouse of the consumer served or the parent or stepparent of a consumer aged 17 or under. People who are 16 or 17 years old must be employed and supervised by an enrolled HCBS provider unless they are employed to provide self-directed personal care services through the consumer choices option. A person hired for self-directed personal care services need not be supervised by an enrolled HCBS provider. A person hired through the consumer choices option for independent support brokerage, self-directed personal care, individual-directed goods and services, or self-directed community support and employment is not required to enroll as a Medicaid provider. The following providers shall be eligible to participate in the Medicaid HCBS elderly waiver program if they meet the standards in subrule 77.33(22) and the integrated, community-based settings standards in subrule 77.25(5) and also meet the standards set forth below for the service to be provided:

(1) Adult day care providers. Adult day care providers shall be agencies that are certified by the department of inspections and appeals as being in compliance with the standards for adult day services programs at 481-Chapter 70.
(2) Emergency response system providers. Emergency response system providers must meet the following standards:
a. The agency shall provide an electronic component to transmit a coded signal via digital equipment over telephone lines to a central monitoring station. The central monitoring station must operate receiving equipment and be fully staffed by trained attendants, 24 hours a day, seven days per week. The attendants must process emergency calls and ensure the timely notification of appropriate emergency resources to be dispatched to the person in need.
b. The agency, parent agency, institution or corporation shall have the necessary legal authority to operate in conformity with federal, state and local laws and regulations.
c. There shall be a governing authority which is responsible for establishing policy and ensuring effective control of services and finances. The governing authority shall employ or contract for an agency administrator to whom authority and responsibility for overall agency administration are delegated.
d. The agency or institution shall be in compliance with all legislation relating to prohibition of discriminatory practices.
e. There shall be written policies and procedures established to explain how the service operates, agency responsibilities, client responsibilities and cost information.
(3) Home health aide providers. Home health aide providers shall be agencies certified to participate in the Medicare program as home health agencies.
(4) Homemaker providers. Homemaker providers shall be agencies that are:
a. Certified as a home health agency under Medicare, or
b. Authorized to provide similar services through a contract with the department of public health (IDPH) for local public health services. The agency must provide a current IDPH local public health services contract number.
(5) Nursing care. Nursing care providers shall be agencies which are certified to participate in the Medicare program as home health agencies.
(6) Respite care providers.
a. The following agencies may provide respite services:
(1) Home health agencies that are certified to participate in the Medicare program.
(2) Nursing facilities and hospitals enrolled as providers in the Iowa Medicaid program.
(3) Camps certified by the American Camping Association.
(4) Respite providers certified under the home- and community-based services intellectual disability waiver.
(5) Home care agencies that meet the conditions of participation set forth in subrule 77.33(4).
(6) Adult day care providers that meet the conditions set forth in subrule 77.33(1).
(7) Assisted living programs certified by the department of inspections and appeals.
b. Respite providers shall meet the following conditions:
(1) Providers shall maintain the following information that shall be updated at least annually:
1. The consumer's name, birth date, age, and address and the telephone number of the spouse, guardian or primary caregiver.
2. An emergency medical care release.
3. Emergency contact telephone numbers such as the number of the consumer's physician and the spouse, guardian, or primary caregiver.
4. The consumer's medical issues, including allergies.
5. The consumer's daily schedule which includes the consumer's preferences in activities or foods or any other special concerns.
(2) Procedures shall be developed for the dispensing, storage, authorization, and recording of all prescription and nonprescription medications administered. Home health agencies must follow Medicare regulations for medication dispensing.

All medications shall be stored in their original containers, with the accompanying physician's or pharmacist's directions and label intact. Medications shall be stored so they are inaccessible to consumers and the public. Nonprescription medications shall be labeled with the consumer's name.

In the case of medications that are administered on an ongoing, long-term basis, authorization shall be obtained for a period not to exceed the duration of the prescription.

(3) Policies shall be developed for:
1. Notifying the spouse, guardian, or primary caregiver of any injuries or illnesses that occur during respite provision. A spouse's, guardian's or primary caregiver's signature is required to verify receipt of notification.
2. Requiring the spouse, guardian or primary caregiver to notify the respite provider of any injuries or illnesses that occurred prior to respite provision.
3. Documenting activities and times of respite. This documentation shall be made available to the spouse, guardian or primary caregiver upon request.
4. Ensuring the safety and privacy of the individual. Policies shall at a minimum address threat of fire, tornado, or flood and bomb threats.
c. A facility providing respite under this subrule shall not exceed the facility's licensed capacity, and services shall be provided in locations consistent with licensure.
d. Respite provided outside the consumer's home or the facility covered by the licensure, certification, accreditation, or contract must be approved by the spouse, guardian or primary caregiver and the interdisciplinary team and must be consistent with the way the location is used by the general public. Respite in these locations shall not exceed 72 continuous hours.
(7)Chore providers. The following providers may provide chore services:
a. Home health agencies certified under Medicare.
b. Community action agencies as designated in Iowa Code section 216A.93.
c. Agencies authorized to provide similar services through a contract with the department of public health (IDPH) for local public health services. The agency must provide a current IDPH local public health services contract number.
d. Nursing facilities licensed pursuant to Iowa Code chapter 135C.
e. Providers that were enrolled as chore providers as of June 30, 2010, based on a subcontract with or letter of approval from an area agency on aging.
f. Community businesses that are engaged in the provision of chore services and that:
(1) Have all necessary licenses and permits to operate in conformity with federal, state, and local laws and regulations, and
(2) Submit verification of current liability and workers' compensation coverage.
(8)Home-delivered meals. The following providers may provide home-delivered meals:
a. Area agencies on aging as designated in 17-4.4 (231). Home-delivered meals providers subcontracting with area agencies on aging or with letters of approval from the area agencies on aging stating the organization is qualified to provide home-delivered meals services may also provide home-delivered meals services.
b. Community action agencies as designated in Iowa Code section 216A.93.
c. Nursing facilities licensed pursuant to Iowa Code chapter 135C.
d. Restaurants licensed and inspected under Iowa Code chapter 137F.
e. Hospitals enrolled as Medicaid providers.
f. Home health aide providers meeting the standards set forth in subrule 77.33(3).
g. Medical equipment and supply dealers certified to participate in the Medicaid program.
h. Home care providers meeting the standards set forth in subrule 77.33(4).
(9)Home and vehicle modification providers. The following providers may provide home and vehicle modification:
a. Area agencies on aging as designated in 17-4.4 (231).
b. Community action agencies as designated in Iowa Code section 216A.93.
c. Providers eligible to participate as home and vehicle modification providers under the health and disability waiver, enrolled as home and vehicle modification providers under the physical disability waiver, or certified as home and vehicle modification providers under the home- and community-based services intellectual disability or brain injury waiver.
d. Community businesses that have all necessary licenses and permits to operate in conformity with federal, state, and local laws and regulations, and that submit verification of current liability and workers' compensation coverage.
(10) Mental health outreach providers. Community mental health centers or other mental health providers accredited by the mental health and developmental disabilities commission pursuant to 441-Chapter 24 may provide mental health outreach services.
(11) Transportation providers. The following providers may provide transportation:
a. Area agencies on aging as designated in 17-4.4 (231). Transportation providers subcontracting with area agencies on aging or with letters of approval from the area agencies on aging stating the organization is qualified to provide transportation services may also provide transportation services.
b. Community action agencies as designated in Iowa Code section 216A.93.
c. Regional transit agencies as recognized by the Iowa department of transportation.
d. Rescinded IAB 3/10/99, effective 5/1/99.
e. Nursing facilities licensed pursuant to Iowa Code chapter 135C.
f. Transportation providers contracting with the nonemergency medical transportation contractor.
(12) Nutritional counseling. The following providers may provide nutritional counseling by a dietitian licensed under 645-Chapter 81:
a. Hospitals enrolled as Medicaid providers.
b. Community action agencies as designated in Iowa Code section 216A.93.
c. Nursing facilities licensed pursuant to Iowa Code chapter 135C.
d. Home health agencies certified by Medicare.
e. Independent licensed dietitians.
(13) Assistive device providers. The following providers may provide assistive devices:
a. Medicaid-enrolled medical equipment and supply dealers.
b. Area agencies on aging as designated according to department on aging rules 17-4.4 (231) and 17-4.9 (231).
c. Providers that were enrolled as assistive device providers as of June 30, 2010, based on a contract with or letter of approval from an area agency on aging.
d. Community businesses that are engaged in the provision of assistive devices and that:
(1) Have all necessary licenses and permits to operate in conformity with federal, state, and local laws and regulations, and
(2) Submit verification of current liability and workers' compensation coverage.
(14) Senior companions. Senior companion programs designated by the Corporation for National and Community Service may provide senior companion service.
(15) Consumer-directed attendant care providers. The following providers may provide consumer-directed attendant care service:
a. An individual who contracts with the member to provide attendant care service and who is:
(1) At least 18 years of age.
(2) Qualified by training or experience to carry out the member's plan of care pursuant to the department-approved case plan or individual comprehensive plan.
(3) Not the spouse of the member or a parent or stepparent of a member aged 17 or under.
(4) Not the recipient of respite services paid through home- and community-based services on behalf of a member who receives home- and community-based services.
b. Agencies authorized to provide similar services through a contract with the department of public health (IDPH) for local public health services. The agency must provide a current IDPH local public health services contract number.
c. Home health agencies which are certified to participate in the Medicare program.
d. Chore providers subcontracting with area agencies on aging or with letters of approval from the area agencies on aging stating that the organization is qualified to provide chore services.
e. Community action agencies as designated in Iowa Code section 216A.93.
f. Providers certified under an HCBS waiver for supported community living.
g. Assisted living programs that are certified by the department of inspections and appeals under 481-Chapter 69.
h. Adult day service providers that are certified by the department of inspections and appeals under 481-Chapter 70.
(16) Financial management service. Consumers who elect the consumer choices option shall work with a financial institution that meets the qualifications in subrule 77.30(13).
(17) Independent support brokerage. Consumers who elect the consumer choices option shall work with an independent support broker who meets the qualifications in subrule 77.30(14).
(18) Self-directed personal care. Consumers who elect the consumer choices option may choose to purchase self-directed personal care services from an individual or business that meets the requirements in subrule 77.30(15).
(19) Individual-directed goods and services. Consumers who elect the consumer choices option may choose to purchase individual-directed goods and services from an individual or business that meets the requirements in subrule 77.30(16).
(20) Self-directed community supports and employment. Consumers who elect the consumer choices option may choose to purchase self-directed community supports and employment from an individual or business that meets the requirements in subrule 77.30(17).
(21) Case management providers. A case management provider organization is eligible to participate in the Medicaid HCBS elderly waiver program if the organization meets the following standards:
a. The case management provider shall be an agency or individual that:
(1) Is accredited by the mental health, mental retardation, developmental disabilities, and brain injury commission as meeting the standards for case management services in 441-Chapter 24; or
(2) Is accredited through the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) to provide case management; or
(3) Is accredited through the Council on Accreditation of Rehabilitation Facilities (CARF) to provide case management; or
(4) Is accredited through the Council on Quality and Leadership in Supports for People with Disabilities (CQL) to provide case management; or
(5) Is approved by the department on aging as meeting the standards for case management services in 17-Chapter 21; or
(6) Is authorized to provide similar services through a contract with the department of public health (IDPH) for local public health services and that:
1. Meets the qualifications for case managers in 641-subrule 80.6(1); and
2. Provides a current IDPH local public health services contract number.
b. A case management provider shall not provide direct services to the consumer. The department and the Centers for Medicare and Medicaid Services deem the provision of direct services to case management consumers to be a conflict of interest. A person cannot be the first-line supervisor of both case managers and direct service staff who are providing services to elderly waiver consumers. The provider must have written conflict of interest policies that include, but are not limited to:
(1) Specific procedures to identify conflicts of interest.
(2) Procedures to eliminate any conflict of interest that is identified.
(3) Procedures for handling complaints of conflict of interest, including written documentation.
c. If the case management provider organization subcontracts case management services to another entity:
(1) That entity must also meet the provider qualifications in this subrule; and
(2) The contractor is responsible for verification of compliance.
(22)Incident management and reporting. As a condition of participation in the medical assistance program, HCBS elderly waiver service providers must comply with the requirements of Iowa Code sections 232.69 and 235B.3 regarding the reporting of child abuse and dependent adult abuse and with the incident management and reporting requirements in this subrule. EXCEPTION: The conditions in this subrule do not apply to providers of assistive devices, chore service, goods and services purchased under the consumer choices option, home and vehicle modification, home-delivered meals, personal emergency response, or transportation.
a. Definitions.

"Major incident" means an occurrence involving a consumer during service provision that:

1. Results in a physical injury to or by the consumer that requires a physician's treatment or admission to a hospital;
2. Results in the death of any person;
3. Requires emergency mental health treatment for the consumer;
4. Requires the intervention of law enforcement;
5. Requires a report of child abuse pursuant to Iowa Code section 232.69 or a report of dependent adult abuse pursuant to Iowa Code section 235B.3;
6. Constitutes a prescription medication error or a pattern of medication errors that leads to the outcome in paragraph "1," "2," or "3"; or
7. Involves a consumer's location being unknown by provider staff who are assigned protective oversight.

"Minor incident" means an occurrence involving a consumer during service provision that is not a major incident and that:

1. Results in the application of basic first aid;
2. Results in bruising;
3. Results in seizure activity;
4. Results in injury to self, to others, or to property; or
5. Constitutes a prescription medication error.
b. Reporting procedure for minor incidents. Minor incidents may be reported in any format designated by the provider. When a minor incident occurs or a staff member becomes aware of a minor incident, the staff member involved shall submit the completed incident report to the staff member's supervisor within 72 hours of the incident. The completed report shall be maintained in a centralized file with a notation in the consumer's file.
c. Reporting procedure for major incidents. When a major incident occurs or a staff member becomes aware of a major incident:
(1) The staff member involved shall notify the following persons of the incident by the end of the next calendar day after the incident:
1. The staff member's supervisor.
2. The consumer or the consumer's legal guardian. EXCEPTION: Notification to the consumer is required only if the incident took place outside of the provider's service provision. Notification to the guardian, if any, is always required.
3. The consumer's case manager.
(2) By the end of the next calendar day after the incident, the staff member who observed or first became aware of the incident shall also report as much information as is known about the incident to the member's managed care organization in the format defined by the managed care organization. If the member is not enrolled with a managed care organization, the staff member shall report the information to the department's bureau of long-term care either:
1. By direct data entry into the Iowa Medicaid Provider Access System, or
2. By faxing or mailing Form 470-4698, Critical Incident Report, according to the directions on the form.
(3) The following information shall be reported:
1. The name of the consumer involved.
2. The date and time the incident occurred.
3. A description of the incident.
4. The names of all provider staff and others who were present at the time of the incident or who responded after becoming aware of the incident. The confidentiality of other waiver-eligible or non-waiver-eligible consumers who were present must be maintained by the use of initials or other means.
5. The action that the provider staff took to manage the incident.
6. The resolution of or follow-up to the incident.
7. The date the report is made and the handwritten or electronic signature of the person making the report.
(4) Submission of the initial report will generate a workflow in the Individualized Services Information System (ISIS) for follow-up by the case manager. When complete information about the incident is not available at the time of the initial report, the provider must submit follow-up reports until the case manager is satisfied with the incident resolution and follow-up. The completed report shall be maintained in a centralized file with a notation in the consumer's file.
d. Tracking and analysis. The provider shall track incident data and analyze trends to assess the health and safety of consumers served and determine if changes need to be made for service implementation or if staff training is needed to reduce the number or severity of incidents.
(23)Assisted living on-call service. Assisted living on-call service providers shall be assisted living programs that are certified by the department of inspections and appeals under 481-Chapter 69.

This rule is intended to implement Iowa Code section 249A.4.

Notes

Iowa Admin. Code r. 441-77.33
ARC 7936B, IAB 7/1/09, effective 9/1/09; ARC 9314B, IAB 12/29/10, effective 3/1/11; ARC 0545C, IAB 1/9/2013, effective 3/1/2013; ARC 0757C, IAB 5/29/2013, effective 8/1/2013; ARC 1071C, IAB 10/2/2013, effective 10/1/2013 Amended by IAB January 6, 2016/Volume XXXVIII, Number 14, effective 1/1/2016 Amended by IAB July 4, 2018/Volume XLI, Number 1, effective 8/8/2018

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