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IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties
IdahoregulationIdaho Department of Health and Welfare· effective 2024-07-01
What this rule requires your agency to do
- 1A waiver provider cannot be a relative (spouse or parent of a minor child) of any participant served except in extraordinary circumstances defined by the Department (329.03.a-b).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
- 2All providers of homemaker, respite, adult day health, transportation, chore, companion, attendant care, adult residential care, and home-delivered meals must meet, by formal training or demonstrated competency, the training requirements in the provider training matrix and the standards for direct care staff and allowable tasks in the CMS-approved Aged and Disabled waiver (329.03).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
- 3Providers must respond to a Department quality-assurance review within 45 days of receiving results and, if problems are identified, implement a quality improvement plan and report results upon request (329.04.b).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
- 4Attendant care providers must complete a background check and clearance under IDAPA 16.05.06 and meet, by formal training or demonstrated competency, the training requirements in the Idaho provider training matrix and the standards for direct care staff under Subsection 329.03 (329.14).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
- 5Individuals who provide direct care or services must complete a background check and receive a clearance under IDAPA 16.05.06, "Criminal History and Background Checks" (329.03.c).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
- 6A fiscal intermediary agency must directly assure compliance with legal requirements related to employment of waiver service providers, perform all necessary state and federal labor and tax withholding, maintain liability insurance, conduct at least annual participant satisfaction/quality control reviews available to the Department and public, and obtain background checks and health screens on new and existing employees of record and fact (329.02).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
- 7Each provider must have a signed provider agreement with the Department for each service it provides; unless otherwise specified, each individual service provider must be an employee of record or fact of an agency (329.01).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
- 8Homemaker services providers must be employees of record or fact of an agency, complete a background check and clearance under IDAPA 16.05.06, and meet the training-matrix/direct-care-staff standards under Subsection 329.03 (329.15).(IDAPA 16.03.10.329 - Aged and Disabled Waiver Services: Provider Qualifications and Duties)
Applies to: personal care
Enumerates provider-agreement, employment, fiscal-intermediary, training, background-check, and quality-assurance duties for Aged and Disabled Waiver service providers including attendant care and homemaker providers.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.