Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003)

What this rule requires your agency to do

• 1For each potential Attendant Care Employee, DFH (or delegate) must conduct a criminal history check pursuant to 16 DE Admin Code 3110, a check of Delaware's Adult Abuse Registry (11 DE Admin Code 8564), a check of the national and Delaware sex offender registries, and a check of the excluded-provider list.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))
• 2Legally responsible family members are limited to providing 40 hours per week of care; persons legally responsible for the member and persons serving as the member's representative may not be an Attendant Care Employee.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))
• 3The provider of support for SDAC must be an IRS-approved Fiscal/Employer Agent performing payroll, tax withholding/filing, citizenship verification, timesheet processing, and workers' compensation functions on the member's behalf.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))
• 4The supports brokerage must recruit and maintain a roster of Attendant Care Employees, secure and pay for background checks on prospective employees, and assist with hiring, supervising, evaluating, and discharging employees and executing the member's back-up plan.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))
• 5The DFH case manager must monitor quality of service and member health, safety and welfare, verify SDAC is provided per the member's plan of care (amount, frequency, duration, scope), and monitor the back-up plan.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))
• 6The FMS provider must ensure each member has a signed employment agreement with an Attendant Care Employee prior to services being provided; DFH will not pay for SDAC without a signed employment agreement, and agreements must be updated whenever terms change.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))
• 7A person listed on the Delaware Adult Abuse Registry, the national or Delaware sex offender registry, or the excluded-provider list shall not provide SDAC services.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))
• 8The FMS provider (delegated by DFH) must verify that potential Attendant Care Employees meet all applicable qualifications prior to delivering services, including minimum qualifications: at least 18 years of age, skills necessary to perform the required services, a valid Social Security number, and willingness to submit to a criminal record check.(Delaware DSHP-Plus LTSS Self-Directed Attendant Care (SDAC) Payment Policy (DE.PP.003))