Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:090 - Personal care attendant program and assistance services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				12.290, Chapter 13B, 171.530, 205.455(4),
				205.8451(3), 205.900 - 205.925
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				205.910 requires the Cabinet for Health and
				Family Services to establish by administrative regulation, an eligibility
				standard for personal care assistance services that takes into consideration
				the unique economic and social needs of severely physically disabled adults.
				KRS
				205.920 authorizes the cabinet to promulgate
				administrative regulations to implement provisions concerning personal care
				assistance services. This administrative regulation establishes the personal
				care attendant program.
Section 1.
			 Definitions.
(1) "Administrative support
			 personnel" means staff designated within a contract agency who offer technical
			 assistance to, and monitor the activities of, the qualified agency.
(2) "Approved plan" means an agreement
			 between the department and a contract agency to administer the personal care
			 attendant program.
(3) "Assessment"
			 means the collection and evaluation of information:
(a) About a person's situation and
			 functioning;
(b) To determine the
			 applicant's or participant's service level; and
(c) To develop a plan of care utilizing a
			 holistic, person-centered approach by the evaluation team.
(4) "Attendant" means a person who provides
			 personal care assistance services.
(5) "Contract agency" means the agency with
			 which the cabinet has contracted to administer the personal care attendant
			 program.
(6) "Department" means the
			 Department for Aging and Independent Living or its designee.
(7) "Evaluation team" is defined by
			 KRS
			 205.900(2).
(8) "Evaluation team's findings and
			 recommendations" means the official response of the evaluation team signed by
			 all three (3) team members.
(9)
			 "Immediate family member" is defined by
			 KRS
			 205.8451(3).
(10) "Income eligibility standard" means a
			 formula to determine an applicant's income eligibility for the personal care
			 attendant program pursuant to
			 KRS
			 205.910(1).
(11) "Natural supports" means a non-paid
			 person or persons or community resource, that can provide, or has historically
			 provided, assistance to the participant or due to the familial relationship,
			 and would be expected to provide assistance.
(12) "Participant" means a person accepted
			 into the personal care attendant program and who has met the eligibility
			 requirements of a severely physically disabled adult.
(13) "PCAP" means personal care attendant
			 program.
(14) "Personal care
			 assistance services" is defined by
			 KRS
			 205.900(3).
(15) "Prescreening" means a process that
			 assesses whether or not an applicant appears to meet the basic requirements for
			 eligibility.
(16) "Qualified agency
			 or organization" is defined by
			 KRS
			 205.900(4).
(17) "Reassessment" means reevaluation of the
			 situation and functioning of a client.
(18) "Service area" means those counties
			 listed in an approved plan of the qualified agency or organization.
(19) "Severely physically disabled adult" is
			 defined by KRS
			 205.900(6).
(20) "Subsidy" means a financial
			 reimbursement paid by the cabinet to an adult who qualifies to receive personal
			 care assistance services in accordance with
			 KRS
			 205.905(1).
(21) "Work agreement" means an agreement of
			 time and tasks developed by the participant as the employer for the attendant
			 as the employee.