12 VAC 30-120-1060     PARTICIPATING STANDARDS FOR PROVISION OF SERVICES; PROVIDERS’ REQUIREMENTS

1060 B. (documentation in absence of services facilitation)

What entity will maintain the listed documentation if there is no services facilitation?

1060 B.2.(d) (identifying assistants)

Recommendation

Remove the requirement that the services facilitator maintain “identifying information for the assistant or assistants.”

Rationale

The employer of record is responsible for hiring staff and maintaining documentation. The services facilitator does not need to know who the employer is hiring. It is important to maintain clear separation of roles to reinforce the responsibilities of each entity.

1060 E.4.a., I.10.a., M.11.  (objective written documentation for consumer-directed services)

Recommendation

Retain current language that makes it the responsibility of the services facilitator to document why other providers are not available if family members living under the same roof are going to provide companion services. If the individual elects not to receive services facilitation, then the individual forfeits choice and must use the case manager.

Rationale

The services facilitator could be seen as more objective since individuals have choice of providers. Individuals can choose their services facilitation provider; they cannot choose their case management organization.

1060 I.1. (clarify reference to agency directed requirements)

Recommendation

Clarify that the language in this subsection only applies to agency directed personal assistants. Insert “agency-directed” after “All.”

1060 E.3., I.8., M.8. (background checks)

Recommendation

Add the requirement for consumer-directed personal assistants to submit documentation for background checks with the State Police and Child Protective Services.

Rationale

The requirements for these background checks can be found in 12VAC30-120-1020. However, since these lists are included in subsection 1060, the lists should be complete to ensure compliance.

1060 I.8.e., M.10.b. (waiver requirement reference)

Recommendation

Provide a citation to where the reader can find the referenced “DMAS’ MR/ID Waiver requirements.”

1060 E.8.(3), I.14, M. (employee management training documentation)

Recommendation

The requirements for documentation of employee management training should be the same in each of these subsections.

1060 E.3., I.8., M.8. (consumer-directed requirements)

Recommendation

Standardize the requirements for all three consumer-directed services.

1060 K.7., P.2. (prevocational and supported employment services not available through IDEA)

Recommendation

Modify the regulatory language to reflect that the requirement is to document that the individual is not eligible for prevocational or supported employment services through IDEA.

Rationale

This should be an individual determination about eligibility for the service through IDEA. These services are available “through the IDEA.”  Depending on the individual’s educational needs, the service may not be available to that particular individual.  IDEA services are provided based on an individual determination. An individual may not be eligible for the services through IDEA even though the services are “available.”

1060 M.6.a. (respite period)

Recommendation

Define “respite period” used in this paragraph.

1060 Q.4. (informed consent for changes to the plan)

Recommendation

Changes to the plan should be agreed to by the individual, not just reviewed with the individual.