24 Miss. Code. R. 2-45.2 - Family Members as Providers of In-Home Respite
A. Legally
responsible relatives are not allowed to provide In-Home Respite. This includes
legal guardians or legal representatives, including but not limited to spouses,
parents/stepparents of minor children, conservators, guardians, people who hold
the participant's power of attorney or those designated as the participant's
representative payee for Social Security benefits. For the purposes of this
requirement, "relatives" are defined as any person related by blood, marriage,
or adoption to the participant. The intent of IHR is to provide respite to
those normally providing care for the person. Thus, the person's primary
caregiver(s) is/are excluded from being paid caregivers through IHR.
B. Non-legally responsible relatives may
provide IHR only when the following criteria are met:
1. The selected relative is qualified to
provide service(s).
2. The person
receiving the service, or another designated representative is available to
sign verifying that services were rendered by the selected relative.
3. The selected relative agrees to render
services in accordance with the scope, limitations, and professional
requirements of the service during their designated hours.
C. The person's chosen IHR provider is
responsible for ensuring all Direct Support Personnel/Professionals are
compliant with the regulations. Providers must document that each family
member's eligibility meets the above requirements in the staff's personnel
record. Providers employing a family member to serve as IHR personnel, must
maintain the following documentation in each staff's personnel record:
1. The Qualifying Relative DCW
Questionnaire indicating eligibility.
2. Evidence the person's ID/DD Waiver Support
Coordinator or IDD Community Support Program Targeted Case Manager was notified
the agency is seeking approval of a family member to provide In-Home Respite.
The person's Plan of Services and Supports (PSS) must document the family
member is providing the approved service.
3. Documentation the provider has conducted
drop-in, unannounced visits during the time the approved family member is
providing services. These visits must occur at least two (2) times per year and
must include the following:
(a) Observation of
the family member's interactions with the person receiving services;
(b) Review of the Plan of Services and
Supports and Service Notes to determine if outcomes are being met;
and
(c) Review of utilization to
determine if contents of Service Notes support the amount of service
provided.
4. The amount
of service hours are determined by the level of support required for the
person. A qualified family member providing ID/DD Waiver In-Home Respite cannot
be authorized to provide more than 172 hours per month (or 40 hours per week)
of one (1) service or combination of In-Home Respite and Home and Community
Support.
5. DMH and/or DOM reserves
the right to remove a selected relative from the provision of services at any
time if there is a suspicion of or substantiation of
abuse/neglect/exploitation/fraud, or if it is determined that the services are
not being professionally rendered in accordance with the approved Plan of
Services and Supports. If DMH/DOM removes a selected relative from the
provision of services, the person/legal representative will be asked to select
an alternate qualified provider.
Notes
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