2020 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Rush
Requirements for Personal Care Attendants (language only)

Item 313 #33h

Item 313 #33h

Health and Human Resources
Department of Medical Assistance Services


Page 321, after line 18, insert:

"GGGG.  The Department of Medical Assistance Services shall implement the following requirements for Consumer Directed personal care delivered in the Medicaid program:

(i) require that Consumer Directed Personal Care Attendants (PCAs) have the minimum educational requirements as required for Agency Directed PCAs. At minimum, the training as a PCA shall include 12 hours of in service training per year and training as required by regulation for Agency Directed Caregivers providing care through the Medicaid Developmental Disability Waiver programs;

(ii) require a Plan of Care (DMAS 97 A/B) be completed by a licensed registered nurse (RN) and DMAS 99 forms be completed by a licensed RN or licensed practical nurse;

(iii) require Service Facilitators be licensed through the Department of Health as required for Agency Directed personal care agencies;

(iv) develops criteria to determine if a Medicaid member is capable of managing their own care and develop an annual plan to ensure evaluation of the member's ability to continue to manage their own care; and

(v)  require Medicaid managed care organizations to conduct audits of Consumer Directed services at the same percentage rate as Agency Directed services."


(This amendment adds language strengthening oversight and accountability of the Medicaid Consumer Directed personal care program to the provision of high quality care to Medicaid beneficiaries. According to a December 2016 study by the Joint Legislative Audit and Review Commission, Consumer Directed personal care spending has increased to represent more than 50 percent of Medicaid Long Services and Supports spending.)