Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:270 - Hart-Supported Living Grant Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.165,
				194A.060,
				209.030,
				210.770-210.795, 45 C.F.R. 164.502-164.514,
				164.530
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				210.780(3) authorizes the
				Hart- Supported Living Council to recommend necessary administrative
				regulations to carry out the purposes of
				KRS
				210.770 to
				210.795.
				KRS
				210.795(3) requires the
				cabinet in concert with the Hart-Supported Living Council to promulgate
				administrative regulations to establish the methods of awarding Hart-Supported
				Living grants, monitoring the quality of service delivery, and providing for
				administrative appeals of decisions. This administrative regulation establishes
				the Hart-Supported Living grant program application and award procedures, the
				standards to monitor the quality of service delivery, and the appellate
				procedure.
Section 1. Definitions.
(1) "Adaptive and therapeutic equipment"
			 means an item recommended by a physician, physician assistant, advanced
			 practice registered nurse, or therapist that is necessary for the recipient's
			 independent functioning and communication.
(2) "Applicant" means a person who may be
			 eligible for a Hart-Supported Living grant and submits a completed DAIL-HSL-01
			 Application to the regional Hart-Supported Living grant program coordinator by
			 the deadline established by Section 3 of this administrative
			 regulation.
(3) "Application" means
			 a DAIL-HSL-01 Application that is completed and submitted in accordance with
			 Section 3 of this administrative regulation to the regional Hart-Supported
			 Living grant program coordinator.
(4) "Budget narrative" means a justification
			 and explanation of the amount requested in each budget category.
(5) "Community resource developer" means an
			 employee of a recipient who coordinates and assists a recipient to:
(a) Participate in the community with persons
			 who are members of the general citizenry; and
(b) Learn and enhance skills and competencies
			 in living in the community.
(6) "Council" means the Hart- Supported
			 Living Council that oversees the Hart-Supported Living grant program as
			 described by
			 KRS
			 210.775 and
			 210.780.
(7) "Department" or "DAIL" means the
			 Department for Aging and Independent Living.
(8) "Duplicative service" means a support or
			 service received through the Hart-Supported Living grant program which an
			 individual is eligible to receive from another agency or program and is offered
			 or available at the same time.
(9)
			 "Eligibility" means meeting the financial eligibility criteria established in:
(a) Section 2 of this administrative
			 regulation; and
(b)
										KRS
			 210.790.
(10) "Extraordinary out of pocket expenses"
			 means medical expenses of the recipient or applicant not covered by insurance
			 including:
(a) Co-pays;
(b) Deductibles;
(c) Prescriptions;
(d) Premiums for medical insurance;
(e) Other medical, dental, or vision cost
			 incurred as a result of medically necessary treatments or procedures;
			 or
(f) Other services or supports
			 related to the person's disability.
(11) "Family" means the recipient's parent,
			 stepparent, adoptive parent, foster parent, grandparent, siblings, spouse, or
			 legal guardian.
(12) "Family
			 responsibility" means:
(a) Activities or
			 provisions that a family performs naturally until the recipient reaches
			 eighteen (18) years of age including:
1.
			 Educational activities;
2.
			 Housing;
3. Food;
4. Clothing;
5. Child care; and
6. Medical care; and
(b) Personal care activities or provisions
			 that a family performs naturally until the recipient reaches twelve (12) years
			 of age.
(13) "Federal
			 poverty guidelines" means the poverty guidelines updated annually in the
			 Federal Register by the U.S. Department of Health and Human Services under the
			 authority of
			 42
			 U.S.C. 9902(2).
(14) "Hart-Supported Living grant" means an
			 award of funds for a fiscal year to a recipient and is defined by
			 KRS
			 210.770(5) and
			 (6).
(15) "Hart-Supported Living grant program" or
			 "HSL" is defined by
			 KRS
			 210.770(5) and
			 (6).
(16) "Hart-Supported Living plan" means the
			 DAIL-HSL-02 Plan document developed with the recipient to account for the
			 services to be provided and the costs.
(17) "Hart-Supported Living plan amendment"
			 means the DAIL-HSL-03 Plan Amendment document that is a written request for
			 change in a Hart-supported living plan in the same fiscal year.
(18) "Hart-Supported Living services" means
			 services that are:
(a) Provided to a person
			 with a disability; and
(b) Directed
			 to the recipient toward integrated community living and include:
1. A community resource developer:
a. As authorized by
			 KRS
			 210.770(8)(a);
b. Who coordinates and assists a recipient to
			 meet requirements pursuant to
			 KRS
			 210.770(5)(a)-(e);
			 and
c. Who ensures compliance with
			 KRS
			 210.770(6);
2. Homemaker services:
a. As authorized by
			 KRS
			 210.770(8)(b); and
b. That include:
(i) Cooking;
(ii) Cleaning;
(iii) Shopping;
(iv) Laundry; or
(v) Housekeeping;
3. Personal care services:
a. As authorized by
			 KRS
			 205.900(3); or
b. For recipients twelve (12) years of age or
			 older, as authorized by
			 KRS
			 210.770(8)(c);
4. In-home training and home
			 management assistance:
a. As authorized by
			 KRS
			 210.770(8)(d); and
b. That include services to individuals over
			 the age of twelve (12) to assist with one-on-one instruction in the home,
			 including:
(i) Property maintenance;
(i) Financial planning;
(iii) Housekeeping such as laundering, meal
			 preparation, vacuuming, storing purchased items, washing dishes, and changing
			 bed linens; and
(iv)
			 Shopping;
5.
			 Start-up grants:
a. As authorized by
			 KRS
			 210.770(8)(e); and
b. That include a grant for one (1) time
			 expenses if the expenses support the recipient's independent living and are
			 for:
(i) A security deposit;
(ii) Utility deposits; or
(iii) Purchases of furniture, appliances, and
			 equipment up to $2,000;
6. Transportation:
a. As authorized by
			 KRS
			 210.770(8)(f); and
b. That includes mileage reimbursement if it:
(i) Is for a person or provider who
			 transports the recipient to work or community activities that are not
			 customarily a family responsibility; and
(ii) Does not exceed the state reimbursement
			 rate;
7. Home
			 modifications that:
a. Are authorized by
			 KRS
			 210.770(8)(g);
b. Include:
(i) An architectural change;
(ii) A ramp;
(iii) A widening of doors; or
(iv) Other adaptation if it is requested for
			 the recipient's primary residence to directly accommodate the recipient's
			 disability; and
c. Do
			 not exceed the $45,000 per recipient lifetime limit;
8. Adaptive and therapeutic equipment:
a. As authorized by
			 KRS
			 210.770(8)(h); and
b. That includes an item which promotes the
			 recipient's independent functioning and is recommended by a:
(i) Physician;
(ii) Physician assistant;
(iii) Advanced practice registered nurse;
			 or
(iv) Therapist; and
9. Individualized life
			 planning authorized by
			 KRS
			 210.770(8)(i).
(19) "Operating agency"
			 means the department or its designee that administers Hart-Supported
			 Living.
(20) "Person with a
			 disability" is defined by
			 KRS
			 210.770(2).
(21) "Primary residence" means a dwelling
			 where the recipient permanently resides and is owned or leased by the recipient
			 or recipient's family as documented on the deed or lease agreement.
(22) "Recipient" means a person who has
			 applied and been approved for a Hart-Supported Living grant.
(23) "Recoupment" means a return of funds for
			 any payment that was made in an incorrect amount including overpayments and
			 underpayments under statutory, contractual, administrative, or other legally
			 applicable requirements.
(24)
			 "Regional Hart-Supported Living grant program coordinator" means a person or
			 entity designated by the DAIL who is responsible for fiscal and programmatic
			 oversight of Hart-Supported Living grants and plans.
(25) "Request for informal dispute
			 resolution" means the process to be followed if a recipient disagrees with a
			 decision made by the regional supported living coordinator, review team, or
			 council.
(26) "Review team" means a
			 team designated by the department to perform the functions established in
			 Section 5 of this administrative regulation.