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IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard
IowaregulationIowa Department of Health and Human Services· effective 2023-05-01
What this rule requires your agency to do
- 1When a legal representative acts as CDAC provider, the payment rate must be based on the legal representative's skill level and not exceed the median statewide rate without prior approval, the legal representative may not be paid for more than 40 hours of service per week, and a contingency plan must be in the service plan (78.34(7)"a"(2)).(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
- 2A unit of service is 15 minutes and each service must be billed in whole units (78.34(7)"e").(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
- 3The member, parent, guardian, or attorney in fact must complete, sign, and date Form 470-3372, HCBS Consumer-Directed Attendant Care Agreement, indicating the frequency, scope, and duration of services; the case manager or service worker and the provider must also sign it, and any service component not listed in the agreement is not payable (78.34(7)"a"(1)).(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
- 4Excluded (nonpayable) services include supervision of a member, activities the member can perform, reminders and cueing, services provided simultaneously with any other similar service, and wait times, among others (78.34(7)"h").(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
- 5CDAC covered service activities are limited to the nonskilled activities listed in 78.34(7)"f" and the skilled activities listed in 78.34(7)"g," and must be essential to the health, safety, and welfare of the member (78.34(7) introductory paragraph).(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
- 6Skilled CDAC services must be provided under the supervision of a licensed nurse or licensed therapist who retains accountability for delegated actions, ensures appropriate assessment/planning/implementation/evaluation, and makes on-site supervisory visits every two weeks with the service provider present (78.34(7)"b").(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
- 7If the member has a guardian or attorney in fact, the service plan must address how CDAC services are monitored to ensure needs are met (including oversight when the guardian/attorney is the provider), and the guardian or attorney in fact must sign the claim form in place of the member (78.34(7)"d").(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
- 8The CDAC provider must document evidence of compliance with this chapter and rule 441-79.3, maintain or make electronically accessible the documentation, and use an electronic visit verification system capturing all requirements of the CDAC Service Record (Form 470-4389) or use Form 470-4389; any component not documented per rule 441-79.3 is not payable (78.34(7)"c").(IAC 441—78.34(7)(249A) — Consumer-directed attendant care (CDAC) service standard)
Applies to: personal care
The consumer-directed attendant care (CDAC) service standard under the HCBS health and disability waiver, governing the personal/attendant care service in which an aide helps a member with self-care tasks. Establishes service planning and the signed CDAC Agreement (Form 470-3372), supervision of skilled services by a licensed nurse or therapist with biweekly on-site supervisory visits, service documentation via electronic visit verification or the CDAC Service Record (Form 470-4389) in compliance with rule 441-79.3, and the covered nonskilled and skilled service activities. National framework topic: Aide Services / Personnel-Qualifications / Supervision / Clinical Records.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.