Find & Ask Iowa › this rule

IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties

IowaregulationIowa Department of Health and Human Services· effective 2023-05-01

What this rule requires your agency to do

  • 1As a condition of participating in CCO, the member must sign Form 470-4289, HCBS Consumer Choices Informed Consent and Risk Agreement (78.34(13)"a").(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)
  • 2Under employer authority, the member (or delegated employer authority) must verify employee qualifications, determine employee duties, and train and supervise employees (78.34(13)"h"(2),(4),(7)).(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)
  • 3For personal care services, employees must use an electronic visit verification system capturing all requirements of the CCO Semi-Monthly Time Sheet (Form 470-4429) or use Form 470-4429, maintain documentation complying with rule 441-79.3, and members must sign and certify each timecard under penalty of perjury and retain signed timecards for five years (78.34(13)"m"(4),(5)).(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)
  • 4The financial management service must provide the department an annual independent audit and develop a policy and procedures manual current with state and federal regulations (78.34(13)"l"(16),(14)).(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)
  • 5Before hiring the independent support broker, the member must receive the results of the background check conducted pursuant to 441-Chapter 119 (78.34(13)"c").(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)
  • 6The financial management service must conduct criminal background checks on potential employees pursuant to 441-Chapter 119 and verify an employee's citizenship or alien status (78.34(13)"l"(5),(6)).(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)
  • 7A member may not employ any person who has been sanctioned (including anyone temporarily suspended for a credible allegation of fraud under 42 CFR Part 455) under 441-Chapter 79, or any person excluded by the HHS Office of Inspector General under Sections 1128 or 1156 of the Social Security Act (78.34(13)"m"(2),(3)).(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)
  • 8The financial management service must monitor timecards, receipts, and invoices for consistency with the individual budget and keep records of all timecards and invoices for each member for five years (78.34(13)"l"(10)).(IAC 441—78.34(13)(249A) — Consumer choices option (CCO): background checks, financial management, and member/employee duties)

Applies to: personal care

The consumer choices option (CCO) self-direction service standard, under which a member uses a flexible individual budget to employ providers of personal care and related supports. This excerpt captures the obligation-bearing provisions: background checks on the independent support broker and potential employees under 441-Chapter 119, employer authority (verifying qualifications, training and supervising employees), financial management service duties (criminal background checks, EVV timecards, recordkeeping for five years), and member/employee responsibilities including the bar on employing sanctioned or OIG-excluded persons and electronic visit verification. National framework topic: Background Checks / Personnel-Qualifications / Provider Participation / Supervision.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.