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ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements

MontanaregulationMontana Department of Public Health and Human Services· effective 2014-12-25

What this rule requires your agency to do

  • 1A personal representative must be directly involved in the member's daily care, available to manage/direct care in the home, and must not be employed by the member's PAS provider agency ((2)(a)-(c)).(ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements)
  • 2The member/representative must review, approve, sign, and date all service delivery records to assure the service plan has been followed ((1)(a)(iii)).(ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements)
  • 3The member/representative must develop a backup plan identifying the process for meeting functional needs when an attendant is unable to deliver services ((1)(a)(ii)).(ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements)
  • 4The member/representative must assume medical and related liability regarding the delivery of PAS ((1)(a)(iv)).(ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements)
  • 5The member/representative must recruit, hire, schedule, train, and dismiss all personal care attendants ((1)(a)(i)).(ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements)
  • 6The member must obtain authorization from a physician or health care professional to participate, prior to service delivery and annually thereafter ((1)(b)-(c)).(ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements)
  • 7The member (or personal representative) must be capable of assuming the management responsibilities of self-directed PAS ((1)(a)).(ARM 37.40.1117 — Self-Directed Personal Assistance Services: Member Requirements)

Applies to: personal care

Sets the qualifying requirements a member (or personal representative) must meet to participate in self-directed Personal Assistance Services, including assuming management responsibilities such as hiring/training/dismissing attendants, developing a backup plan, reviewing and signing service delivery records, and assuming medical liability. Requires physician/health-care-professional authorization prior to and annually during service. Framework topic: Person-Centered Planning / Member & Employer Responsibilities.

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