Issue regarding Guardians/Personal Attendant Services

Please forward this email to guardians of individuals with intellectual/developmental disabilities that may be impacted by the following email.  It is being provided for informational purposes to promote better communication. 

This same email was sent to the key Ombudsman contacts at the Managed Care Organizations with the reminder that the emphasis is on the bolded, underlined last sentence of the first paragraph.  In stating that the MCOs will honor the existing plan of care, that is in regard to the topic at hand, the guardian and personal assistant hours.  It is not an all-encompassing statement that plans of care will not change for the time being – just to clarify that point. 

This topic will be discussed further if there are more questions, at the Lunch and Learn Conference Call next Wednesday, 3/5/14 at 12:00 NOON if you have additional questions.  Call In #: 1-866-620-7326 * Participation Code: 428 358 3031.  Or you can call me at the number listed below.

Sincerely,

Kerrie

Kerrie Bacon
KanCare Ombudsman
Kansas Department of Aging and Disability Services
503 S Kansas Avenue, Topeka, KS  66603
Toll Free: (855) 643-8180
Office:  (785) 296-6270
Cell:  (785)213-2258
TTY:  711
Fax:  (785) 296-0256
[email protected]
KDADS Website:  www.kdads.ks.gov
KanCare Ombudsman Website: www.kancare.ks.gov/ombudsman.htm    

KDADS Website: 
KanCare Ombudsman Website: www.kancare.ks.gov/ombudsman.htm     www.kdads.ks.gov

From: Aquila Jordan
Sent: Thursday, February 27, 2014 3:38 PM
To: Kerrie Bacon
Subject: Guardians/

The State is aware of the past practice that allows guardians who are self-directing the care for the person they serve to be paid to provide personal attendant services (PAS).  The State will be reviewing the current policy and regulations that limit this.  We would like feedback from individuals, friends and family about how we can strengthen the IDD Program and ensure that individuals who are receiving services from their guardian can continue to receive the services  they need.  We are also working with the Managed Care Organizations to address any concerns related to guardianship and PAS. During the continuity of care period, the MCOs will honor the existing plans of care, including the identified providers.

·         KMAP Provider Manual – IDD – www.kmap.com

As indicated in K.A.R. 30-63-10, any direct support worker providing services must be at least 16 years of age or at least 18 years of age if a sibling of the beneficiary. Personal Assistant Services being provided as a self-directed alternative to Residential Supports or Day Supports cannot be provided by the legal guardian of the beneficiary.

 Provider Requirements:

 a) As indicated in K.A.R. 30-63-10, any Personal Assistant providing services must be at least 16 years of age, or at least 18 years of age if a sibling of the individual. The Personal Assistant Services cannot be provided by the Legal Guardian for the recipient.

            IDD Handbook http://www.kdads.ks.gov/CSP/IDD/Documents/HCBS_Handbook_12_2010.pdf

See page  33 about Personal Attendant Services

Specific Limitations and Restrictions:

a) It is the expectation that waiver recipients who need assistance with independent activities of daily living (IADL) tasks and who live with their spouse or guardian who is capable of performing the IADL tasks, should rely on these informal/natural supporters for this assistance unless there are extenuating or specific circumstances that have been documented in the Person-Centered Support Plan (for example, the PCSP defines the role of the Personal Assistant as a person who is teaching the recipient how to perform the skill). In accordance with this expectation, Personal Assistant Services should not be used for:

• Lawn care;

• Snow removal;

• Shopping;

• Ordinary housekeeping (as this is a task that can be completed in  conjunction with the housekeeping/laundry done by the individual with whom the recipient lives);

• Meal preparation during the times when the person with whom the  recipient lives would normally prepare a meal for themselves.