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MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08)
MaineregulationMaine Department of Health and Human Services, Office of MaineCare Services / Office of Aging and Disability Services
What this rule requires your agency to do
- 1Within a twenty-one (21) day probation period the member must certify attendant competency (following instructions, disability awareness, use of adaptive/mobility equipment, transfers and mobility, health maintenance activities); the signed statement of competency must be submitted to the Service Coordination Agency and a copy kept in the member's record (§ 12.08-2(C)).(MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08))
- 2The Service Coordination Agency must maintain a member record including the service plan, physician verification of the chronic/permanent nature of the disability, documentation of all attendant contacts and entrance/exit times, signed attendant competency certifications, attendant payroll and employment records, complaint documentation, and signed/dated progress notes (§ 12.08-4(B)).(MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08))
- 3The ASA must establish and maintain a record for each member (contact and emergency information, complete MED-form assessments with electronic signatures, and an annually renewed signed release of information) (§ 12.08-4(A)).(MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08))
- 4An attendant must be at least seventeen (17) years old, be able to assist with Activities of Daily Living, and cannot be an individual with a notation on the Maine Registry of Certified Nursing Assistants of specified criminal convictions or documented State Survey Agency findings of abuse, neglect or misappropriation of property (§ 12.08-2(C)).(MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08))
- 5Eligibility Determination staff employed by the ASA or the Department must be a registered nurse licensed to practice nursing in the State of Maine (§ 12.08-2(A)).(MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08))
- 6Effective January 1, 2020, every provider of Personal Care Services must comply with the Maine DHHS Electronic Visit Verification (EVV) system, verifying type of service, individual receiving service, date, location, and start/end time, in compliance with Section 12006 of the 21st Century CURES Act (§ 12.08-1).(MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08))
- 7Care Coordination Agency staff must be a Maine-licensed registered nurse; a Maine-licensed registered occupational therapist; a Maine-licensed certified occupational therapy assistant under documented supervision; a licensed social service or health professional; or an individual with four years of health/social-services education and one year of community experience (§ 12.08-2(B)).(MaineCare Benefits Manual, Chapter II, Section 12 (Consumer Directed Attendant Services), Subsection 12.08 - Policies and Procedures (10-144 C.M.R. ch. 101, § 144-101-II-12.08))
Applies to: personal care
Establishes EVV, qualified-staff, attendant qualification, competency-certification, and member-record requirements for the consumer-directed attendant services program.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.