18 NYCRR 505.28 — Consumer Directed Personal Assistance Program

What this rule requires your agency to do

• 1The fiscal intermediary must comply with 18 NYCRR 504.3 (provider responsibilities under the medical assistance program) and enter into a department-approved memorandum of understanding with the consumer describing the parties' responsibilities.(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)
• 2A designated representative may not be the consumer directed personal assistant or a fiscal intermediary employee, representative, or affiliated person; and no more than one fiscal intermediary per consumer may be authorized.(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)
• 3No payment to the fiscal intermediary will be made for authorized services unless its claim is supported by documentation of the time spent in provision of services for each consumer.(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)
• 4A fiscal intermediary must have a contract with the New York State Department of Health (and administrative agreements with MMCOs) to provide fiscal intermediary services for CDPAP.(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)
• 5The fiscal intermediary must maintain personnel records for each personal assistant (including time sheets and the medical documentation required under 10 NYCRR 766.11(c) and (d)) and maintain records for each consumer including copies of the district's/MMCO's authorization or reauthorization.(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)
• 6The fiscal intermediary must monitor the consumer's (or designated representative's) continuing ability to fulfill program responsibilities and promptly notify the district or MMCO of any circumstance that may affect that ability.(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)
• 7The fiscal intermediary must process each consumer directed personal assistant's wages and benefits, including establishing wage amounts, processing income tax and other required wage withholdings, and complying with workers' compensation, disability, and unemployment insurance requirements.(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)
• 8The fiscal intermediary must ensure that the health status of each consumer directed personal assistant is assessed prior to service delivery pursuant to 10 NYCRR 766.11(c) and (d).(18 NYCRR 505.28 — Consumer Directed Personal Assistance Program)