CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM AGREEMENT BETWEEN THE CONSUMER/DESIGNATED REPRESENTATIVE AND HAMASPIK CHOICE
Consumer Name: First Name* Last Name* Designated Representative Name (if applicable): First Name Last Name Health Plan Name: Hamaspik ChoiceI. CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM (CDPAP)AGREEMENTThe Consumer Directed Personal Assistance Program (the “Program”) is a program forMedicaid recipients (“Consumers”) who need home care services, including help withpersonal care and certain home health and skilled nursing services. The Program givesConsumers more flexibility and freedom of choice by letting them direct their own care,including choosing their own personal assistants in accordance with their Health Plan’sauthorization.To participate in the Program, Consumers must be able to direct their own care andunderstand and fulfill the Consumer’s responsibilities within the Program or have aDesignated Representative that will do this for them. The Consumer or DesignatedRepresentative must also understand the roles and responsibilities of the Health Planand the Fiscal Intermediaries under the Program.As used throughout this agreement the term “Consumer” also includes the Consumer’sDesignated Representative when applicable, unless otherwise specified. As usedthroughout this agreement the terms “I” and “my” will refer to the Consumer or alternativelyto the Consumer’s Designated Representative when applicable and depending on context.This agreement outlines the roles and responsibilities of the Consumer and the HealthPlan under the Program. The Consumer must enter into this agreement to acknowledgethat they understand the roles and responsibilities and to participate in the Program. TheConsumer must also enter into a separate agreement with their chosen FiscalIntermediary (FI), which will outline the roles and responsibilities of the Consumer and FI.II. RESPONSIBILITIES OF THE CONSUMER/DESIGNATED REPRESENTATIVE:As a Consumer participating in the Program, I will:1. Read and understand this agreement and the roles and responsibilities of theHealth Plan, FI, and Consumer under the Program.2. Only work with one FI. I understand that I can change my FI at any time, but Iwill work with only one at a time. If I am working with more than one FI, I mustchoose just one FI to continue working with.3. Manage my plan of care.4. Be responsible for recruiting, hiring, training, supervising, and scheduling asufficient number of qualified individuals of my choosing to serve as mypersonal assistant(s) in accordance with my Health Plan’s authorization.5. Maintain a back-up plan for substitute coverage when a personal assistant istemporarily unavailable for any reason.6. Maintain an appropriate home environment.7. Review the plan of care with each personal assistant outlining theirresponsibilities.8. Ensure my personal assistant(s) safely and competently performs only thetasks identified in the plan of care during authorized hours.9. Comply with labor laws, providing equal employment opportunities as specified inthe Consumer’s agreement with the CDPAS FI.10. Inform the Health Plan and FI within 5 business days of any change in status orcondition, including but not limited to hospitalizations, address and telephonenumber changes, and vacations.11. Terminate a personal assistant’s employment, if necessary.12. Notify the FI of any changes in the employment status of a personal assistant.13. Ensure my personal assistant’s required documents are submitted to theCDPAP FI including annual worker health assessments and requiredemployment documents.14. Ensure my personal assistant(s) adhere to EVV requirements, including thoseoutlined by the State’s EVV Program Guidelines and Requirements.15. Attest to the accuracy of the hours my personal assistant(s) worked eitherthrough the EVV data system or by signing the personal assistant’s time sheet.16. Distribute paychecks to each personal assistant, if applicable.17. Comply with Program eligibility requirements including participating, asneeded, in the required assessment and reassessment processes.18. Report and return to the health plan any overpayment or inappropriatepayments from the Medicaid program made to my personal assistant(s).III. ADDITIONAL RESPONSIBILITIES OF THE DESIGNATED REPRESENTATIVEONLY:In addition to responsibilities listed above that I, as Designated Representative, mustperform on behalf of the Consumer, I will:1. Make myself available to ensure the consumer responsibilities are carried outwithout delay.2. Be available and present for any scheduled assessment or visit by theindependent assessor, examining medical professional or health plan when themember is not self-directing.IV. RESPONSIBILITIES OF THE HEALTH PLAN:The health plan must provide the Consumer with written educational materials outliningthe roles and responsibilities of the Consumer to ensure they are making an educated,informed choice to receive Program services and will:1. Determine if the Consumer (not including the Designated Representative) iseligible for the Program and whether home care or personal care servicesshould be authorized.2. Determine if the Consumer is able and willing to assume all responsibilitiesassociated with participating in the CDPAP or has a DesignatedRepresentative able and willing to act on the Consumer’s behalf.3. Discuss and document that the Consumer’s or Designated Representative’splan to assure adequate supports are available to meet the Consumer’sneeds.4. Develop a patient centered plan of care with the Consumer or DesignatedRepresentative, outlining the tasks to be completed by the personalassistant.5. Maintain a copy of the plan of care in the Consumer’s file and give a copy to theboth the Consumer and Designated Representative.6. Authorize the type/amount of services and number of hours required.7. Only authorize Program services provided through one FI and work with theConsumer or Designated Representative to select just one FI should thehealth plan become aware that services are being provided by more than oneFI.8. Evaluate on an ongoing basis whether the Consumer requires personal care,home health care, or some other level of service.9. Notify the Consumer and Designated Representative that Program servicesare being decreased or discontinued if the health plan determines suchservices are no longer appropriate and, if applicable, refer the Consumer toother appropriate programs.10. Provide the Consumer and Designated Representative with the appropriatefair hearing notice.ALL PARTIES ACCEPT THE ROLES AND RESPONSIBILITIES TO PARTICIPATE INTHE CDPAP AS EXPLAINED ABOVE. FULFILLING THE CONSUMER’S ROLES ANDRESPONSIBILITIES IS A REQUIREMENT OF PARTICIPATION IN THE PROGRAM.FAILURE TO FULFILL THE CONSUMER’S ROLES AND RESPONSIBILITIES MAYRESULT IN DISCONTINUANCE OF PROGRAM SERVICES.