Your Monday Morning Update!

 

 

March 3, 2014

 

Your Monday Morning Update:

 

The Legislature is at midpoint so we are starting to slide down the backside of the hill.  Things are going to go fast, intense and will no doubt be a bumpy ride (think of a bobsled going over blocks of ice…) Since the legislature was and is on leave for a couple of days, I don’t have much to report in the way of activity.  However, that doesn’t mean that folks interested in intellectual and developmental disabilities can sit back and glide.  It’s never that easy. 

 

There has been some scuttlebutt lately about the issue of guardians as providers.  Providers, targeted case managers and families have been hearing some conflicting information. Please read the email below, from the KanCare Ombudsman, Kerrie Bacon, and please consider calling in to the Lunch and Learn Conference Call on Wednesday, 3/5 at noon to learn more.  If you have concerns or need clarification on anything, have your questions in hand. The call in number is:

1-866-620-7326 * Participation Code: 428 358 3031

 

Here is the email from Kerrie Bacon followed by an email from the HCBS Waiver Services Director from KDADS:

 

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 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    

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

 

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 Handbookhttp://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.

 

Aquila “Q” Jordan, J.D., M.P.A.

 

HCBS Waiver Services, Director

Kansas Dept for Aging & Disability Services

New England State Office Building

503 S. Kansas Ave, Topeka, KS 66603

Phone: 785-296-0787

Email: [email protected]

 

Website: www.kdads.ks.gov

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