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KDADS details self-direction rules, virtual-service safeguards and rules for relatives under CSW
Summary
KDADS presenters said designated representatives cannot be a participant's TCM or any provider who would financially benefit; virtual services must protect privacy and include emergency plans; legally responsible individuals may be paid in limited circumstances if conflicts are mitigated and monitoring is put in place.
KDADS presented Appendix E and parts of Appendix C addressing self-direction, virtual-service safeguards and rules for legally responsible individuals providing paid services under the Community Support Waiver.
On self-direction, Elion said participants may appoint designated representatives to help direct services but the designated representative cannot be the participant's targeted case manager (TCM), service provider or anyone who would financially benefit from the participant’s services. KDADS linked a conflict-of-interest memo and said designated representatives must comply with state policies to mitigate potential conflicts.
Elion outlined the CSW approach to virtual delivery of services (VDS). Providers offering virtual services must preserve participant privacy, allow participants or guardians to control devices, obtain signed consent for virtual supports in bedrooms or bathrooms when evaluations show the technology increases independence, and document plans to reduce reliance on virtual monitoring where appropriate. Providers must train participants on required technology and create emergency-intervention plans with natural supports or other staff to intervene if needed; MCOs will use audits to monitor compliance.
KDADS also addressed circumstances under which legally responsible individuals and relatives may be paid to provide services. Parents, spouses, court-appointed guardians and holders of durable powers of attorney may be paid for personal care if they meet provider qualifications and conflicts are mitigated; relatives who do not live in the same home may provide certain services if they meet qualifications. MCO care coordinators and TCMs will monitor service delivery and make adult protective services (APS) reports if serious abuse or neglect is suspected. Electronic visit verification (EVV) will be required where a service mandates it.
KDADS asked attendees to use kansascsw.com for full policies and to submit feedback through the posted forms.
