Section 441.78.37. HCBS elderly waiver services.

Payment will be approved for the following services to members eligible for the HCBS elderly waiver services as established in 441—Chapter 83 and as identified in the member’s service plan.

         78.37(1) Adult day care services. Adult day care services provide an organized program of supportive care in a group environment to persons who need a degree of supervision and assistance on a regular or intermittent basis in a day care center. A unit of service is 15 minutes (up to four units per day), a half day (1.25 to 4 hours per day), a full day (4.25 to 8 hours per day), or an extended day (8.25 to 12 hours per day). Components of the service include health-related care, social services, and other related support services.

         78.37(2) Personal emergency response or portable locator system.

            a.               A personal emergency response system is an electronic device that transmits a signal to a central monitoring station to summon assistance in the event of an emergency.

             (1)             The necessary components of a system are:

            1.      An in-home medical communications transceiver.

            2.      A remote, portable activator.

            3.      A central monitoring station with backup systems staffed by trained attendants at all times.

            4.      Current data files at the central monitoring station containing response protocols and personal, medical, and emergency information for each member.

             (2)             The service shall be identified in the member’s service plan.

             (3)             A unit of service is a one-time installation fee or one month of service.

             (4)             Maximum units per state fiscal year shall be the initial installation and 12 months of service.

            b.               A portable locator system is an electronic device that transmits a signal to a monitoring device. The system allows a member to access assistance in the event of an emergency and allows law enforcement or the monitoring system provider to locate a member who is unable to request help or to activate a system independently. The member must be unable to access assistance in an emergency situation due to the member’s age or disability.

             (1)             The required components of the portable locator system are:

            1.      A portable communications transceiver or transmitter to be worn or carried by the member.

            2.      Monitoring by the provider at a central location with response protocols and personal, medical, and emergency information for each member as applicable.

             (2)             The service shall be identified in the member’s service plan.

             (3)             Payable units of service are purchase of equipment, an installation or set-up fee, and monthly fees.

             (4)             Maximum units per state fiscal year shall be one equipment purchase, one installation or set-up fee, and 12 months of service.

         78.37(3) Home health aide services. Home health aide services are personal or direct care services provided to the client which are not payable under Medicaid as set forth in rule 441—78.9(249A). A unit of service is a visit. Components of the service include:

            a.               Observation and reporting of physical or emotional needs.

            b.               Helping a client with bath, shampoo, or oral hygiene.

            c.               Helping a client with toileting.

            d.               Helping a client in and out of bed and with ambulation.

            e.               Helping a client reestablish activities of daily living.

            f.                Assisting with oral medications ordinarily self-administered and ordered by a physician.

            g.               Performing incidental household services which are essential to the client’s health care at home and are necessary to prevent or postpone institutionalization in order to complete a full unit of service.

         78.37(4) Homemaker services. Homemaker services are those services provided when the member lives alone or when the person who usually performs these functions for the member needs assistance with performing the functions. A unit of service is 15 minutes. Components of the service must be directly related to the care of the member and may include only the following:

            a.               Essential shopping: shopping for basic need items such as food, clothing or personal care items, or drugs.

            b.               Limited housecleaning: maintenance cleaning such as vacuuming, dusting, scrubbing floors, defrosting refrigerators, cleaning stoves, cleaning medical equipment, washing and mending clothes, washing personal items used by the member, and washing dishes.

            c.               Meal preparation: planning and preparing balanced meals.

         78.37(5) Nursing care services. Nursing care services are services provided by licensed agency nurses to clients in the home which are ordered by and included in the plan of treatment established by the physician. The services are reasonable and necessary to the treatment of an illness or injury and include: observation; evaluation; teaching; training; supervision; therapeutic exercise; bowel and bladder care; administration of medications; intravenous, hypodermoclysis, and enteral feedings; skin care; preparation of clinical and progress notes; coordination of services and informing the physician and other personnel of changes in the patient’s condition and needs.

A unit of service is one visit. Nursing care service can pay for a maximum of eight nursing visits per month for intermediate level of care persons. There is no limit on the maximum visits for skilled level of care persons.

         78.37(6) Respite care services. Respite care services are services provided to the member that give temporary relief to the usual caregiver and provide all the necessary care that the usual caregiver would provide during that period. The purpose of respite care is to enable the member to remain in the member’s current living situation.

            a.               Services provided outside the member’s home shall not be reimbursable if the living unit where respite is provided is reserved for another person on a temporary leave of absence.

            b.               Member-to-staff ratios shall be appropriate to the individual needs of the member as determined by the member’s interdisciplinary team.

            c.               A unit of service is 15 minutes.

            d.               Respite care is not to be provided to members during the hours in which the usual caregiver is employed except when the member is attending a 24-hour residential camp. Respite cannot be provided to a member whose usual caregiver is a consumer-directed attendant care provider for the member.

            e.               The interdisciplinary team shall determine if the member will receive basic individual respite, specialized respite or group respite as defined in 441—Chapter 83.

            f.                A maximum of 14 consecutive days of 24-hour respite care may be reimbursed.

            g.               Respite services provided for a period exceeding 24 consecutive hours to three or more individuals who require nursing care because of a mental or physical condition must be provided by a health care facility licensed as described in Iowa Code chapter 135C.

            h.               Respite services shall not be provided simultaneously with other residential, nursing, or home health aide services provided through the medical assistance program.

         78.37(7) Chore services. Chore services provide assistance with the household maintenance activities listed in paragraph 78.37(7)“a,” as necessary to allow a member to remain in the member’s own home safely and independently. A unit of service is 15 minutes.

            a.               Chore services are limited to the following services:

             (1)             Window and door maintenance, such as hanging screen windows and doors, replacing windowpanes, and washing windows;

             (2)             Minor repairs to walls, floors, stairs, railings and handles;

             (3)             Heavy cleaning which includes cleaning attics or basements to remove fire hazards, moving heavy furniture, extensive wall washing, floor care, painting, and trash removal;

             (4)             Lawn mowing and removal of snow and ice from sidewalks and driveways.

            b.               Leaf raking, bush and tree trimming, trash burning, stick removal, and tree removal are not covered services.

         78.37(8) Home-delivered meals. Home-delivered meals are meals prepared elsewhere and delivered to a member at the member’s residence.

            a.               Each meal shall ensure the member receives a minimum of one-third of the daily recommended dietary allowance as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. The meal may also be a liquid supplement which meets the minimum one-third standard.

            b.               When a restaurant provides the home-delivered meal, the member is required to have a nutritional consultation. The nutritional consultation includes contact with the restaurant to explain the dietary needs of the member and what constitutes the minimum one-third daily dietary allowance.

            c.               A maximum of two meals is allowed per day. A unit of service is a meal.

         78.37(9) Home and vehicle modification. Covered home or vehicle modifications are physical modifications to the member’s home or vehicle that directly address the member’s medical or remedial need. Covered modifications must be necessary to provide for the health, welfare, or safety of the member and enable the member to function with greater independence in the home or vehicle.

            a.               Modifications that are necessary or desirable without regard to the member’s medical or remedial need and that would be expected to increase the fair market value of the home or vehicle, such as furnaces, fencing, or adding square footage to the residence, are excluded except as specifically included below. Purchasing or leasing of a motorized vehicle is excluded. Home and vehicle repairs are also excluded.

            b.               Only the following modifications are covered:

             (1)             Kitchen counters, sink space, cabinets, special adaptations to refrigerators, stoves, and ovens.

             (2)             Bathtubs and toilets to accommodate transfer, special handles and hoses for shower heads, water faucet controls, and accessible showers and sink areas.

             (3)             Grab bars and handrails.

             (4)             Turnaround space adaptations.

             (5)             Ramps, lifts, and door, hall and window widening.

             (6)             Fire safety alarm equipment specific for disability.

             (7)             Voice-activated, sound-activated, light-activated, motion-activated, and electronic devices directly related to the member’s disability.

             (8)             Vehicle lifts, driver-specific adaptations, remote-start systems, including such modifications already installed in a vehicle.

             (9)             Keyless entry systems.

             (10)            Automatic opening device for home or vehicle door.

             (11)            Special door and window locks.

             (12)            Specialized doorknobs and handles.

             (13)            Plexiglas replacement for glass windows.

             (14)            Modification of existing stairs to widen, lower, raise or enclose open stairs.

             (15)            Motion detectors.

             (16)            Low-pile carpeting or slip-resistant flooring.

             (17)            Telecommunications device for the deaf.

             (18)            Exterior hard-surface pathways.

             (19)            New door opening.

             (20)            Pocket doors.

             (21)            Installation or relocation of controls, outlets, switches.

             (22)            Air conditioning and air filtering if medically necessary.

             (23)            Heightening of existing garage door opening to accommodate modified van.

             (24)            Bath chairs.

            c.               A unit of service is the completion of needed modifications or adaptations.

            d.               All modifications and adaptations shall be provided in accordance with applicable federal, state, and local building and vehicle codes.

            e.               Services shall be performed following prior department approval of the modification as specified in 441—subrule 79.1(17) and a binding contract between the provider and the member.

            f.                All contracts for home or vehicle modification shall be awarded through competitive bidding. The contract shall include the scope of work to be performed, the time involved, supplies needed, the cost, diagrams of the project whenever applicable, and an assurance that the provider has liability and workers’ compensation coverage and the applicable permit and license.

            g.               Service payment shall be made to the enrolled home or vehicle modification provider. If applicable, payment will be forwarded to the subcontracting agency by the enrolled home or vehicle modification provider following completion of the approved modifications.

            h.               Services shall be included in the member’s service plan and shall exceed the Medicaid state plan services.

         78.37(10) Mental health outreach. Mental health outreach services are services provided in a recipient’s home to identify, evaluate, and provide treatment and psychosocial support. The services can only be provided on the basis of a referral from the consumer’s interdisciplinary team established pursuant to 441—subrule 83.22(2). A unit of service is 15 minutes.

         78.37(11) Transportation. Transportation services may be provided for members to conduct business errands and essential shopping and to reduce social isolation. A unit of service is one mile of transportation or one one-way trip.

         78.37(12) Nutritional counseling. Nutritional counseling services may be provided for a nutritional problem or condition of such a degree of severity that nutritional counseling beyond that normally expected as part of the standard medical management is warranted. A unit of service is 15 minutes.

         78.37(13) Assistive devices. Assistive devices means practical equipment products to assist persons with activities of daily living and instrumental activities of daily living to allow the person more independence. They include, but are not limited to: long-reach brush, extra long shoehorn, nonslip grippers to pick up and reach items, dressing aids, shampoo rinse tray and inflatable shampoo tray, double-handled cup and sipper lid. A unit is an item.

            a.               The service shall be included in the member’s service plan and shall exceed the services available under the Medicaid state plan.

            b.               The service shall be provided following prior approval by the Iowa Medicaid enterprise.

            c.               Payment for most items shall be based on a fee schedule. The amount of the fee shall be determined as directed in 441—subrule 79.1(17).

         78.37(14) Senior companion. Senior companion services are nonmedical care supervision, oversight, and respite. Companions may assist with such tasks as meal preparation, laundry, shopping and light housekeeping tasks. This service cannot provide hands-on nursing or medical care. A unit of service is 15 minutes.

         78.37(15) Consumer-directed attendant care service. Consumer-directed attendant care services are service activities performed by a person to help a member with self-care tasks which the member would typically do independently if the member were otherwise able. Covered service activities are limited to the nonskilled activities listed in paragraph 78.37(15)“f” and the skilled activities listed in paragraph 78.37(15)“g.” Covered service activities must be essential to the health, safety, and welfare of the member. Services may be provided in the absence of a parent or guardian if the parent or guardian has given advance direction for the service provision.

            a.                Service planning.

             (1)             The member, parent, guardian, or attorney in fact under a durable power of attorney for health care shall:

            1.      Select the individual, agency or assisted living facility that will provide the components of the attendant care services.

            2.     Determine with the selected provider what components of attendant care services the provider shall perform, subject to confirmation by the service worker or case manager that those components are consistent with the assessment and are authorized covered services.

            3.      Complete, sign, and date Form 470-3372, HCBS Consumer-Directed Attendant Care Agreement, to indicate the frequency, scope, and duration of services (a description of each service component and the time agreed on for that component). The case manager or service worker and provider shall also sign the agreement.

            4.      Submit the completed agreement to the service worker or case manager. The agreement shall be part of the member’s service plan and shall be kept in the member’s records, in the provider’s records, and in the service worker’s or case manager’s records. Any service component that is not listed in the agreement shall not be payable.

             (2)             Assisted living agreements with Iowa Medicaid members must specify the services to be considered covered under the assisted living occupancy agreement and those CDAC services to be covered under the elderly waiver. The funding stream for each service must be identified.

             (3)             Whenever a legal representative acts as a provider of consumer-directed attendant care as allowed by 441—paragraph 79.9(7)“b,” the following shall apply:

            1.      The payment rate for the legal representative must be based on the skill level of the legal representative and may not exceed the median statewide reimbursement rate for the service unless the higher rate receives prior approval from the department;

            2.      The legal representative may not be paid for more than 40 hours of service per week; and

            3.      A contingency plan must be established in the member’s service plan to ensure service delivery in the event the legal representative is unable to provide services due to illness or other unexpected event.

            b.                Supervision of skilled services. Skilled consumer-directed attendant care services shall be provided under the supervision of a licensed nurse or licensed therapist working under the direction of a physician. The licensed nurse or therapist shall:

             (1)             Retain accountability for actions that are delegated.

             (2)             Ensure appropriate assessment, planning, implementation, and evaluation.

             (3)             Make on-site supervisory visits every two weeks with the service provider present.

            c.                Service documentation. The consumer-directed attendant care individual and agency providers must complete Form 470-4389, Consumer-Directed Attendant Care (CDAC) Service Record, for each day of service. Assisted living facilities may choose to use Form 470-4389 or may devise another system that adheres to the requirements of rule 441—79.3(249A). Any service component that is not documented in accordance with rule 441—79.3(249A) shall not be payable.

            d.                Role of guardian or attorney. If the member has a guardian or attorney in fact under a durable power of attorney for health care:

             (1)             The service worker’s or case manager’s service plan shall address how consumer-directed attendant care services will be monitored to ensure that the member’s needs are being adequately met. If the guardian or attorney in fact is the service provider, the service plan shall address how the service worker or case manager shall oversee service provision.

             (2)             The guardian or attorney in fact shall sign the claim form in place of the member, indicating that the service has been provided as presented on the claim.

            e.                Service units and billing. A unit of service is 15 minutes provided by an individual, agency or assisted living facility. Each service shall be billed in whole units.

            f.                 Nonskilled services. Covered nonskilled service activities are limited to help with the following activities:

             (1)             Dressing.

             (2)             Bathing, shampooing, hygiene, and grooming.

             (3)             Access to and from bed or a wheelchair, transferring, ambulation, and mobility in general.

             (4)             Toileting, including bowel, bladder, and catheter assistance (emptying the catheter bag, collecting a specimen, and cleaning the external area around the catheter).

             (5)             Meal preparation, cooking, and assistance with feeding, not including the cost of meals themselves. Meal preparation and cooking shall be provided only in the member’s home.

             (6)             Housekeeping, laundry, and shopping essential to the member’s health care at home.

             (7)             Taking medications ordinarily self-administered, including those ordered by a physician or other qualified health care provider.

             (8)             Minor wound care.

             (9)             Going to or returning from a place of employment and job-related tasks while the member is on the job site. Transportation for the member and assistance with understanding or performing the essential job functions are not included in consumer-directed attendant care services.

             (10)            Tasks, such as financial management and scheduling, that require cognitive or physical assistance.

             (11)            Communication essential to the health and welfare of the member, through interpreting and reading services and use of assistive devices for communication.

             (12)            Using transportation essential to the health and welfare of the member. The cost of the transportation is not included.

            g.                Skilled services. Covered skilled service activities are limited to help with the following activities:

             (1)             Tube feedings of members unable to eat solid foods.

             (2)             Intravenous therapy administered by a registered nurse.

             (3)             Parenteral injections required more than once a week.

             (4)             Catheterizations, continuing care of indwelling catheters with supervision of irrigations, and changing of Foley catheters when required.

             (5)             Respiratory care including inhalation therapy and tracheotomy care or tracheotomy care and ventilator.

             (6)             Care of decubiti and other ulcerated areas, noting and reporting to the nurse or therapist.

             (7)             Rehabilitation services including, but not limited to, bowel and bladder training, range of motion exercises, ambulation training, restorative nursing services, respiratory care and breathing programs, reality orientation, reminiscing therapy, remotivation, behavior modification, and reteaching of the activities of daily living.

             (8)             Colostomy care.

             (9)             Care of uncontrolled medical conditions, such as brittle diabetes, and comfort care of terminal conditions.

             (10)            Postsurgical nursing care.

             (11)            Monitoring medications requiring close supervision because of fluctuating physical or psychological conditions, e.g., antihypertensives, digitalis preparations, mood-altering or psychotropic drugs, or narcotics.

             (12)            Preparing and monitoring response to therapeutic diets.

             (13)            Recording and reporting of changes in vital signs to the nurse or therapist.

            h.                Excluded services and costs. Services, activities, costs and time that are not covered as consumer-directed attendant care include the following (not an exclusive list):

             (1)             Any activity related to supervising a member. Only direct services are billable.

             (2)             Any activity that the member is able to perform.

             (3)             Costs of food.

             (4)             Costs for the supervision of skilled services by the nurse or therapist. The supervising nurse or therapist may be paid from private insurance, Medicare, or other third-party payment sources, or may be paid as another Medicaid service, including early and periodic screening, diagnosis and treatment services.

             (5)             Exercise that does not require skilled services.

             (6)             Parenting or child care for or on behalf of the member.

             (7)             Reminders and cueing.

             (8)             Services provided simultaneously with any other similar service regardless of funding source, including other waiver services and state supplementary assistance in-home health-related care services.

             (9)             Transportation costs.

             (10)            Wait times for any activity.

         78.37(16) Consumer choices option. The consumer choices option provides a member with a flexible monthly individual budget that is based on the member’s service needs. With the individual budget, the member shall have the authority to purchase goods and services to meet the member’s assessed needs and may choose to employ providers of services and supports. The services, supports, and items that are purchased with an individual budget must be directly related to a member’s assessed need or goal established in the member’s service plan. Components of this service are set forth below.

            a.                Agreement. As a condition of participating in the consumer choices option, a member shall sign Form 470-4289, HCBS Consumer Choices Informed Consent and Risk Agreement, to document that the member has been informed of the responsibilities and risks of electing the consumer choices option.

            b.                Individual budget amount. A monthly individual budget amount shall be established for each member based on the assessed needs of the member and on the services and supports authorized in the member’s service plan. The member shall be informed of the individual budget amount during the development of the service plan.

             (1)             Services that may be included in determining the individual budget amount for a member in the HCBS elderly waiver are:

            1.      Assistive devices.

            2.      Chore service.

            3.      Consumer-directed attendant care (unskilled).

            4.      Home and vehicle modification.

            5.      Home-delivered meals.

            6.      Homemaker service.

            7.      Basic individual respite care.

            8.      Senior companion.

            9.      Transportation.

             (2)             The department shall determine an average unit cost for each service listed in subparagraph 78.37(16)“b”(1) based on actual unit costs from the previous fiscal year plus a cost-of-living adjustment.

             (3)             In aggregate, costs for individual budget services shall not exceed the current costs of waiver program services. In order to maintain cost neutrality, the department shall apply a utilization adjustment factor to the amount of service authorized in the member’s service plan before calculating the value of that service to be included in the individual budget amount.

             (4)             The department shall compute the utilization adjustment factor for each service by dividing the net costs of all claims paid for the service by the total of the authorized costs for that service, using at least 12 consecutive months of aggregate service data. The utilization adjustment factor shall be no lower than 60 percent. The department shall analyze and adjust the utilization adjustment factor at least annually in order to maintain cost neutrality.

             (5)             Individual budgets for respite services shall be computed based on the average cost for services identified in subparagraph 78.37(16)“b”(2). Respite services are not subject to the utilization adjustment factor in subparagraph 78.37(16)“b”(3).

             (6)             Anticipated costs for home and vehicle modification and assistive devices are not subject to the average cost in subparagraph 78.37(16)“b”(2) or the utilization adjustment factor in subparagraph 78.37(16)“b”(3). Anticipated costs for home and vehicle modification and assistive devices shall not include the costs of the financial management services or the independent support broker. Before becoming part of the individual budget, all home and vehicle modifications and assistive devices shall be identified in the member’s service plan and approved by the case manager or service worker. Costs for home and vehicle modification and assistive devices may be paid to the financial management services provider in a one-time payment.

             (7)             The individual budget amount may be changed only at the first of the month and shall remain fixed for the entire month.

            c.                Required service components. To participate in the consumer choices option, a member must hire an independent support broker and must work with a financial management service that is enrolled as a Medicaid provider. Before hiring the independent support broker, the member shall receive the results of the background check conducted pursuant to 441—Chapter 119.

            d.                Optional service components. A member who elects the consumer choices option may purchase the following goods, services and supports, which shall be provided in the member’s home or at an integrated community setting:

             (1)             Self-directed personal care services. Self-directed personal care services are services or goods that provide a range of assistance in activities of daily living and incidental activities of daily living that help the member remain in the home and community. These services must be identified in the member’s service plan developed by the member’s case manager or service worker.

             (2)             Self-directed community supports and employment. Self-directed community supports and employment are services that support the member in developing and maintaining independence and community integration. These services must be identified in the member’s service plan developed by the member’s case manager or service worker.

             (3)             Individual-directed goods and services. Individual-directed goods and services are services, equipment, or supplies not otherwise provided through the Medicaid program that address an assessed need or goal identified in the member’s service plan. The item or service shall meet the following requirements:

            1.      Promote opportunities for community living and inclusion.

            2.      Increase independence or substitute for human assistance, to the extent the expenditures would otherwise be made for that human assistance.

            3.      Be accommodated within the member’s budget without compromising the member’s health and safety.

            4.      Be provided to the member or directed exclusively toward the benefit of the member.

            5.      Be the least costly to meet the member’s needs.

            6.      Not be available through another source.

            e.                Development of the individual budget. The independent support broker shall assist the member in developing and implementing the member’s individual budget. The individual budget shall include:

             (1)             The costs of the financial management service.

             (2)             The costs of the independent support broker. The independent support broker may be compensated for up to 6 hours of service for assisting with the implementation of the initial individual budget. The independent support broker shall not be paid for more than 30 hours of service for an individual member during a 12-month period without prior approval by the department.

             (3)             The costs of any optional service component chosen by the member as described in paragraph 78.37(16)“d.” Costs of the following items and services shall not be covered by the individual budget:

            1.      Child care services.

            2.      Clothing not related to an assessed medical need.

            3.      Conference, meeting or similar venue expenses other than the costs of approved services the member needs while attending the conference, meeting or similar venue.

            4.      Costs associated with shipping items to the member.

            5.      Experimental and non-FDA-approved medications, therapies, or treatments.

            6.      Goods or services covered by other Medicaid programs.

            7.      Home furnishings.

            8.      Home repairs or home maintenance.

            9.      Homeopathic treatments.

            10.     Insurance premiums or copayments.

            11.     Items purchased on installment payments.

            12.     Motorized vehicles.

            13.     Nutritional supplements.

            14.     Personal entertainment items.

            15.     Repairs and maintenance of motor vehicles.

            16.     Room and board, including rent or mortgage payments.

            17.     School tuition.

            18.     Service animals.

            19.     Services covered by third parties or services that are the responsibility of a non-Medicaid program.

            20.     Sheltered workshop services.

            21.     Social or recreational purchases not related to an assessed need or goal identified in the member’s service plan.

            22.     Vacation expenses, other than the costs of approved services the member needs while on vacation.

             (4)             The costs of any approved home or vehicle modification or assistive device. When authorized, the budget may include an amount allocated for a home or vehicle modification or an assistive device. Before becoming part of the individual budget, all home and vehicle modifications and assistive devices shall be identified in the member’s service plan and approved by the case manager or service worker. The authorized amount shall not be used for anything other than the specific modification or device.

             (5)             Any amount set aside in a savings plan to reserve funds for the future purchase of self-directed personal care, individual-directed goods and services, or self-directed community supports and services as defined in paragraph 78.37(16)“d.” The savings plan shall meet the requirements in paragraph 78.37(16)“f.”

            f.                 Savings plan. A member savings plan must be in writing and be approved by the department before the start of the savings plan. Amounts allocated to the savings plan must result from efficiencies in meeting identified needs of the member.

             (1)             The savings plan shall identify:

            1.      The specific goods, services, supports or supplies to be purchased through the savings plan.

            2.      The amount of the individual budget allocated each month to the savings plan.

            3.      The amount of the individual budget allocated each month to meet the member’s identified service needs.

            4.      How the member’s assessed needs will continue to be met through the individual budget when funds are placed in savings.

             (2)             With the exception of funds allocated for respite care, the savings plan shall not include funds budgeted for direct services that were not received. The budgeted amount associated with unused direct services other than respite care shall revert to the Medicaid program at the end of each month. Funds from unused respite services may be allocated to the savings plan but shall not be used for anything other than future respite care.

             (3)             Funds accumulated under a savings plan shall be used only to purchase items that increase independence or substitute for human assistance to the extent that expenditures would otherwise be made for human assistance, including additional goods, supports, services or supplies. The self-directed personal care, individual-directed goods and services, or self-directed community supports and services purchased with funds from a savings plan must:

            1.      Be used to meet a member’s identified need,

            2.      Be medically necessary, and

            3.      Be approved by the member’s case manager or service worker.

             (4)             All funds allocated to a savings plan that are not expended by December 31 of each year shall revert to the Medicaid program.

             (5)             The annual reassessment of a member’s needs must take into account the purchases of goods and services that substitute for human assistance. Adjustments shall be made to the services used to determine the individual budget based on the reassessment.

            g.                Budget authority. The member shall have authority over the individual budget authorized by the department to perform the following tasks:

             (1)             Contract with entities to provide services and supports as described in this subrule.

             (2)             Determine the amount to be paid for services. Reimbursement rates shall be consistent with rates paid by others in the community for the same or substantially similar services. Reimbursement rates for the independent support broker and the financial management service are subject to the limits in 441—subrule 79.1(2). The reimbursement rate for a member’s legal representative who provides services to the member as allowed by 441—paragraph 79.9(7)“b” must be based on the skill level of the legal representative and may not exceed the median statewide reimbursement rate for the service unless the higher rate receives prior approval from the department.

             (3)             Schedule the provision of services. Whenever a member’s legal representative provides services to the member as allowed by 441—paragraph 79.9(7)“b,” the legal representative may not be paid for more than 40 hours of service per week and a contingency plan must be established in the member’s service plan to ensure service delivery in the event the legal representative is unable to provide services due to illness or other unexpected event.

             (4)             Authorize payment for optional service components identified in the individual budget.

             (5)             Reallocate funds among services included in the budget. Every purchase of a good or service must be identified and approved in the individual budget before the purchase is made.

            h.                Delegation of budget authority. The member may delegate responsibility for the individual budget to a representative in addition to the independent support broker.

             (1)             The representative must be at least 18 years old.

             (2)             The representative shall not be a current provider of service to the member.

             (3)             The member shall sign a consent form that designates who the member has chosen as a representative and what responsibilities the representative shall have.

             (4)             The representative shall not be paid for this service.

            i.                 Employer authority. The member shall have the authority to be the common-law employer of employees providing services and support under the consumer choices option. A common-law employer has the right to direct and control the performance of the services. The member may perform the following functions:

             (1)             Recruit employees.

             (2)             Select employees from a worker registry.

             (3)             Verify employee qualifications.

             (4)             Specify additional employee qualifications.

             (5)             Determine employee duties.

             (6)             Determine employee wages and benefits.

             (7)             Schedule employees.

             (8)             Train and supervise employees.

            j.                 Employment agreement. Any person employed by the member to provide services under the consumer choices option shall sign an employment agreement with the member that outlines the employee’s and member’s responsibilities.

            k.                Responsibilities of the independent support broker. The independent support broker shall perform the following services as directed by the member or the member’s representative:

             (1)             Assist the member with developing the member’s initial and subsequent individual budgets and with making any changes to the individual budget.

             (2)             Have monthly contact with the member for the first four months of implementation of the initial individual budget and have quarterly contact thereafter.

             (3)             Complete the required employment packet with the financial management service.

             (4)             Assist with interviewing potential employees and entities providing services and supports if requested by the member.

             (5)             Assist the member with determining whether a potential employee meets the qualifications necessary to perform the job.

             (6)             Assist the member with obtaining a signed consent from a potential employee to conduct background checks if requested by the member.

             (7)             Assist the member with negotiating with entities providing services and supports if requested by the member.

             (8)             Assist the member with contracts and payment methods for services and supports if requested by the member.

             (9)             Assist the member with developing an emergency backup plan. The emergency backup plan shall address any health and safety concerns.

             (10)            Review expenditure reports from the financial management service to ensure that services and supports in the individual budget are being provided.

             (11)            Document in writing on the independent support broker timecard every contact the broker has with the member. Contact documentation shall include information on the extent to which the member’s individual budget has addressed the member’s needs and the satisfaction of the member.

            l.                 Responsibilities of the financial management service. The financial management service shall perform all of the following services:

             (1)             Receive Medicaid funds in an electronic transfer.

             (2)             Process and pay invoices for approved goods and services included in the individual budget.

             (3)             Enter the individual budget into the Web-based tracking system chosen by the department and enter expenditures as they are paid.

       (4)      Provide real-time individual budget account balances for the member, the independent support broker, and the department, available at a minimum during normal business hours (9 a.m.          to 5 p.m., Monday through Friday).

             (5)             Conduct criminal background checks on potential employees pursuant to 441—Chapter 119.

             (6)             Verify for the member an employee’s citizenship or alien status.

             (7)             Assist the member with fiscal and payroll-related responsibilities including, but not limited to:

            1.      Verifying that hourly wages comply with federal and state labor rules.

            2.      Collecting and processing timecards.

            3.      Withholding, filing, and paying federal, state and local income taxes, Medicare and Social Security (FICA) taxes, and federal (FUTA) and state (SUTA) unemployment and disability insurance taxes, as applicable.

            4.      Computing and processing other withholdings, as applicable.

            5.      Processing all judgments, garnishments, tax levies, or other withholding on an employee’s pay as may be required by federal, state, or local laws.

            6.      Preparing and issuing employee payroll checks.

            7.      Preparing and disbursing IRS Forms W-2 and W-3 annually.

            8.      Processing federal advance earned income tax credit for eligible employees.

            9.      Refunding over-collected FICA, when appropriate.

            10.     Refunding over-collected FUTA, when appropriate.

             (8)             Assist the member in completing required federal, state, and local tax and insurance forms.

             (9)             Establish and manage documents and files for the member and the member’s employees.

             (10)            Monitor timecards, receipts, and invoices to ensure that they are consistent with the individual budget. Keep records of all timecards and invoices for each member for a total of five years.

             (11)            Provide to the department, the independent support broker, and the member monthly and quarterly status reports that include a summary of expenditures paid and amount of budget unused.

             (12)            Establish an accessible customer service system and a method of communication for the member and the independent support broker that includes alternative communication formats.

             (13)            Establish a customer services complaint reporting system.

             (14)            Develop a policy and procedures manual that is current with state and federal regulations and update as necessary.

             (15)            Develop a business continuity plan in the case of emergencies and natural disasters.

             (16)            Provide to the department an annual independent audit of the financial management service.

             (17)            Assist in implementing the state’s quality management strategy related to the financial management service.

         78.37(17) Case management services. Case management services are services that assist Medicaid members who reside in a community setting or are transitioning to a community setting in gaining access to needed medical, social, educational, housing, transportation, vocational, and other appropriate services in order to ensure the health, safety, and welfare of the member. Case management is provided at the direction of the member and the interdisciplinary team established pursuant to 441—subrule 83.22(2).

            a.               Case management services shall be provided as set forth in rules 441—90.5(249A) and 441—90.8(249A).

            b.               Case management shall not include the provision of direct services by the case managers.

            c.               Payment for case management shall not be made until the consumer is enrolled in the waiver. Payment shall be made only for case management services performed on behalf of the consumer during a month when the consumer is enrolled.

         78.37(18) Assisted living service. The assisted living service includes unanticipated and unscheduled personal care and supportive services that are furnished to waiver participants who reside in a homelike, noninstitutional setting. The service includes the 24-hour on-site response capability to meet unpredictable member needs as well as member safety and security through incidental supervision. Assisted living service is not reimbursable if performed at the same time as any service included in an approved consumer-directed attendant care (CDAC) agreement.

            a.               A unit of service is one day.

            b.               A day of assisted living service is billable only if both the following requirements are met:

             (1)             The member was present in the facility during that day’s bed census.

             (2)             The assisted living provider has documented at least one assisted living service encounter for that day, in accordance with rule 441—79.3(249A). The documentation must include the member’s response to the service. The documented assisted living service cannot also be an authorized CDAC service.

         78.37(19) General service standards. All elderly waiver services must be provided in accordance with the following standards:

            a.               Reimbursement shall not be available under the waiver for any services that the member can obtain as other nonwaiver Medicaid services or through any other funding source.

            b.               All services provided under the waiver must be delivered in the least restrictive environment possible and in conformity with the member’s service plan.

            c.               Services must be billed in whole units.

            d.               For all services with a 15-minute unit of service, the following rounding process will apply:

             (1)             Add together the minutes spent on all billable activities during a calendar day for a daily total.

             (2)             For each day, divide the total minutes spent on billable activities by 15 to determine the number of full 15-minute units for that day.

             (3)             Round the remainder using these guidelines: Round 1 to 7 minutes down to zero units; round 8 to 14 minutes up to one unit.

             (4)             Add together the number of full units and the number of rounded units to determine the total number of units to bill for that day.

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

[ARC 7957B, IAB 7/15/09, effective 7/1/09; ARC 9045B, IAB 9/8/10, effective 11/1/10; ARC 9403B, IAB 3/9/11, effective 5/1/11; ARC 9704B, IAB 9/7/11, effective 9/1/11; ARC 9884B, IAB 11/30/11, effective 1/4/12; ARC 0545C, IAB 1/9/13, effective 3/1/13; ARC 0707C, IAB 5/1/13, effective 7/1/13; ARC 0709C, IAB 5/1/13, effective 7/1/13; ARC 1071C, IAB 10/2/13, effective 10/1/13; ARC 1610C, IAB 9/3/14, effective 8/13/14; ARC 2050C, IAB 7/8/15, effective 7/1/15; ARC 2340C, IAB 1/6/16, effective 2/10/16]