208.903. Financial assistance for personal care, eligibility requirements.
Financial assistance for personal care, eligibility requirements.
208.903. 1. Subject to appropriations, the department shall providefinancial assistance for consumer-directed personal care assistanceservices through eligible vendors to each person determined eligible toparticipate under guidelines established by the Medicaid state plan andwho:
(1) Is capable of living independently with personal care assistanceservices;
(2) Is physically disabled;
(3) Is eighteen years of age or older;
(4) Is able to direct his or her own care;
(5) Is able to document proof of Medicaid eligibility under Title XIXof the Social Security Act under federal and state laws and regulations;
(6) Requires at least a nursing home level of care under regulationsestablished by the department;
(7) Participates in an assessment or evaluation, or both, by thedepartment; and
(8) Can have their unmet needs safely met at a cost that shall notexceed the average monthly Medicaid cost of nursing facility care asdetermined by the department of social services.
2. Upon certification of the employment of a personal care attendantchosen by the consumer in accordance with sections 208.900 to 208.927, thevendor shall perform the payroll and fringe benefit accounting functionsfor the consumer. The vendor shall be responsible for filing claims withthe Missouri Medicaid program. Statutorily required fringe benefit costsshall be paid from the personal care assistant appropriation. Thedepartment shall establish the statewide rate for personal care attendantservices. For purposes of this section, the personal care attendant isconsidered the employee of the consumer only for the period of timesubsidized by personal care assistant funds. Nothing in this section shallbe construed to mean that the attendant is the employee of the vendor, thedepartment, or the state of Missouri.
(L. 2005 S.B. 539 § 660.664)