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Criteria applicable to a spousal caregiver shall include, |
but need not be limited to, (i) a limitation on the total |
hours of a spousal caregiver's outside employment plus |
hours of providing care to his or her eligible spouse to |
ensure that the complete plan of care is delivered to the |
eligible spouse and (ii) limitations on a spousal |
caregiver's participation in the demonstration project if |
the caregiver has a known history of spousal abuse, |
neglect, or exploitation. |
(3) The determination of the personal care or similar |
services for which payment may be made. Spousal caregivers |
shall be paid at the Personal Assistant level of care and |
pay rate. In those instances in which the eligible spouse |
requires specialized services (for example, services |
provided by a certified nursing assistant (CNA), licensed |
practical nurse (LPN), or registered nurse (RN)) and the |
spousal caregiver has the corresponding certification or |
licensure, the spousal caregiver shall be paid the higher |
rate for the specialized services only. The specialized |
services the eligible spouse is authorized to receive shall |
be defined and approved in the services plan. |
(4) The method for determining that the amount of |
personal care or similar services provided by the spouse is |
"extraordinary care" that exceeds the ordinary care that |
would be provided to a spouse without a disability. |
(5) Limitations on the number of hours of personal |
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services that will be reimbursed. |
(6) Utilization of the Determination of Need |
evaluation and other comprehensive assessment tools as |
criteria for determining eligibility and developing |
service plans under the demonstration project. |
(7) Determination of how or whether the provision of |
personal care by the spouse is in the best interest of his |
or her spouse, who is an eligible participant in the |
demonstration project. |
(8) Use of procedures that ensure that payments are |
made for services rendered. |
(9) Assurances that all other criteria of the |
demonstration project are met. |
(10) Measurement of participant experiences. |
(11) Monthly in-home monitoring of the health and |
safety of the eligible spouse. |
(12) Documentation of the marital relationship for |
participation in the demonstration project. |
(13) Assurances that the eligible spouse is capable of |
communicating his or her needs. |
(14) Enrollment of an alternative care provider to |
ensure that there is no disruption of care to the eligible |
spouse. |
(15) Assurances that the spousal caregiver is |
emotionally, physically, and cognitively able to provide |
the necessary care to the eligible spouse. |
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(b) By July 1, 2009, the Department of Human Services, in |
consultation with the Department of Healthcare and Family |
Services, shall begin development of the demonstration |
project. The Department of Human Services shall provide an |
interim report on or before March 1, 2010 to the Governor and |
the General Assembly that includes the progress on the |
development of the demonstration project and implementation |
timelines of the demonstration project and the criteria for the |
demonstration project. |
(c) The Department of Human Services shall report findings |
and recommendations by March 1, 2011 to the Governor and the |
General Assembly. The report shall include an explanation of |
the manner in which each demonstration project component listed |
in paragraphs (1) through (10) of subsection (a) is addressed. |
In addition, the report shall include (i) the estimated number |
of clients statewide who could utilize services and (ii) an |
analysis of the fiscal impact per client on the Department's |
new and existing costs under the Home Services Program.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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