Montana § 53-6-145 - Agencies To Adopt Rules Governing Personal Assistant Services

§ 53-6-145. Agencies To Adopt Rules Governing Personal Assistant Services

Agencies to adopt rules governing personal assistant services. (1) Recognizing the importance of consumer control over personal assistance services in a self-directed service model, the legislature directs the department of public health and human services and the department of labor and industry to adopt administrative rules authorizing a person with a disability to act as though the person is the employer, for the purposes of selection, management, and supervision, of a personal assistant, although the personal assistant is the employee of another person or entity. The rules must reflect both the rights and protection guaranteed to workers under existing labor law and ensure that consumers of personal assistant services have day-to-day control, supervision, and direction over those services. (2) As used in this section, the following definitions apply: (a) "Ancillary services" means services ancillary to basic services provided to an individual in need of home-based care who needs one or more of the following basic services: (i) homemaker-type services, including but not limited to shopping, laundry, cleaning, and seasonal chores; (ii) companion-type services, including but not limited to transportation, letter writing, reading mail, assisting with alternative communication, and escort; and (iii) assistance with cognitive tasks, including but not limited to managing finances, planning activities, prompting, and problem solving. (b) "Basic services" includes assistance: (i) getting in and out of bed, a wheelchair, or a motor vehicle; and (ii) with routine bodily functions including: (A) health maintenance activities; (B) bathing and personal hygiene; (C) dressing and grooming; (D) feeding, including preparation and cleanup; and (E) setup, use, and maintenance of assistive technologies. (c) "Individual in need of home-based services" means an individual with a physical or mental impairment who requires assistance in completing functions of daily living, self-care, and mobility. (d) "Personal assistant services" means those basic and ancillary services that enable an individual in need of home-based care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility. (3) The department of public health and human services is not required to provide personal-care services as part of the medicaid program in a self-directed service model as described in this section unless the personal assistant is an employee of an entity willing to provide the protections guaranteed to workers under existing labor laws, including but not limited to the payment of workers' compensation and unemployment insurance premiums. (4) This section does not prohibit the department of public health and human services from determining the amount, scope, and duration of the personal assistance services provided under the medicaid program, nor does this section mandate personal assistance services. (5) Medical and related liability for personal-care services provided pursuant to this section rests with the person directing the services.