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Memorandum to All AD Waiver, TBI Waiver, and Personal Care Services Program Providers — Legal Guardian/Legal Representative: Meeting Attendance and Signature Requirements

West VirginiasubregulatoryWV Department of Health and Human Resources, Bureau for Medical Services (Commissioner's Office)· effective 2018-05-16

What this rule requires your agency to do

  • 1For Personal Care Services, a court-appointed Legal Guardian must attend the Initial, six month and annual assessments along with Plan of Care development meetings and sign these documents along with the initial and annual PC-MNER (Memo, Personal Care Services section).(Memorandum to All AD Waiver, TBI Waiver, and Personal Care Services Program Providers — Legal Guardian/Legal Representative: Meeting Attendance and Signature Requirements)
  • 2The Personal Attendant is still required to initial daily that they have provided the services (Memo, ADW and TBIW section).(Memorandum to All AD Waiver, TBI Waiver, and Personal Care Services Program Providers — Legal Guardian/Legal Representative: Meeting Attendance and Signature Requirements)
  • 3For Personal Care Services, the DCW is still required to initial daily that they have provided the services (Memo, Personal Care Services section).(Memorandum to All AD Waiver, TBI Waiver, and Personal Care Services Program Providers — Legal Guardian/Legal Representative: Meeting Attendance and Signature Requirements)
  • 4For ADW and TBIW, a court-appointed Legal Guardian must attend the initial, six month and annual assessments along with the Service Plan development meetings and must sign these documents along with the initial and annual MNER (Memo, ADW and TBIW section).(Memorandum to All AD Waiver, TBI Waiver, and Personal Care Services Program Providers — Legal Guardian/Legal Representative: Meeting Attendance and Signature Requirements)
  • 5Legal representatives must always be consulted for decisions within their scope of authority, and if the participant can understand the situation and express a preference, the participant must always be consulted (Memo, para. 3).(Memorandum to All AD Waiver, TBI Waiver, and Personal Care Services Program Providers — Legal Guardian/Legal Representative: Meeting Attendance and Signature Requirements)
  • 6The RN and/or Case Manager should verify that a representative has the necessary authority and obtain copies of supporting documentation (e.g., court orders or power of attorney documents) for the participant's file (Memo, para. 2).(Memorandum to All AD Waiver, TBI Waiver, and Personal Care Services Program Providers — Legal Guardian/Legal Representative: Meeting Attendance and Signature Requirements)

Applies to: ADW/TBIW personal attendant agencies, personal care (direct care worker) agencies, case managers, RNs

BMS clarifies the roles of legal guardians and legal representatives, requiring court-appointed guardians to attend and sign initial/six-month/annual assessments and service plan meetings while removing the requirement that guardians or medical powers of attorney initial daily Personal Attendant Logs/Worksheets or Plan of Care DCW Worksheets.

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