Cal. Code Regs. Tit. 17, § 58886 - General Requirements for Participant-Directed Services
(a) Effective October 1, 2011, for consumers
and family members of consumers receiving the services in California Code of
Regulations, Title 17, Section
54355(g) (1), (3), (4), and
(5), when these services are funded with
federal financial participation through Medicaid programs, the regional center
may offer Participant-Directed Services to allow the adult consumer and/or
family member to procure their own community-based training service, day care,
nursing, respite, and/or transportation services. Effective September 16, 2022,
personal assistance, independent living services, and supported employment are
included in the list of Participant-Directed Services.
(b) When an adult consumer or family member
makes the decision to use Participant-Directed Services the regional center
shall:
(1) Provide information regarding their
responsibilities and functions as either the Employer or Co-Employer;
(2) Provide information about the
requirements regarding the use of a FMS Co-Employer or FMS F/EA;
(3) Assist the adult consumer or family
member to identify and choose an FMS Co-Employer or FMS F/EA as follows:
(A) An adult consumer or family member who
chooses to be the Employer as described in Section
58884(a)(3) shall
make use of a FMS F/EA vendor pursuant to Section
58884(a)(5);
(B) An adult consumer or family member who
chooses to be a Co-Employer as described in Section
58884(a)(2) shall
make use of a FMS Co-Employer pursuant to Section
58884(a)(4);
and
(C) Neither the adult consumer
nor the family member shall be the FMS Co-Employer nor the FMS
F/EA.
(4) Vendor the
adult consumer or family member acting as Employer or Co-Employer for one or
more Participant-Directed Services pursuant to (c), and a family member of more
than one consumer shall only be vendored once.
(c) The Employer or Co-Employer duties and
authority over workers include, but are not limited to, the following:
(1) Recruits workers;
(2) Verifies worker qualifications;
(3) Specifies additional worker
qualifications based on consumer needs and preferences;
(4) Determines worker duties;
(5) Schedules workers;
(6) Orients and instructs workers in
duties;
(7) Supervises
workers;
(8) Evaluates worker
performance; and
(9) Verifies time
worked by employees and approves time sheets.
(d) The Employer or Co-Employer has the
following additional responsibilities:
(1) The
adult consumer or family member in the capacity as an Employer pursuant to
(b)(3)(A) above has independent authority to:
(A) Hire workers; and
(B) Terminate workers.
(2) The adult consumer or family member in
the capacity as Co-Employer pursuant to (b)(3)(B) above has authority to make
recommendations to the FMS Co-Employer for hiring and terminating
workers.
(e) The regional
center shall vendor the Employer and Co-Employer in accordance with vendor
requirements contained in California Code of Regulations, Title 17, Sections
54310 and
54326, in addition to the
following requirements:
(1)
Participant-Directed Day Care Service -- Family Member -- Service Code 455.
(A) A regional center shall classify a vendor
as Participant-Directed Day Care Service -- Family Member if the vendor:
1. Is a family member;
2. Is not the direct provider of the day care
service; and
3. Selects the day
care service for the consumer from:
a. An
individual who possesses the skill, training, or education necessary to provide
the day care service; or
(B) Participant-directed day care services
for children shall only be authorized by regional centers for day care costs
and/or hours exceeding the cost of providing day care services provided to a
child without disabilities. The regional center may pay in excess of this
amount when a family can demonstrate a financial need and when doing so will
enable the children to remain in the family home.
(2) Participant-Directed Nursing Service --
Family Member -- Service Code 460.
(A) A
regional center shall classify a vendor as a Participant-Directed Nursing
Service -- Family Member if the vendor:
1. Is
a family member; and
2. Selects,
assigns, and monitors an individual who provides nursing services for a
consumer.
(B) The family
member may be the direct provider of the nursing service if the service is not
intended to provide respite to the family member.
(3) Participant-Directed Respite Service --
Family Member -- Service Code 465.
(A) A
regional center shall classify a vendor as Participant-Directed Respite Service
-- Family Member if the vendor:
1. Is a
family member;
2. Is not the direct
provider of the respite service; and
3. Selects the respite service for the
consumer from an individual who is at least 18 years of age and possesses the
skill, training, or education necessary to provide the respite service. The
vendored family member shall be responsible for ensuring that the individual
selected to provide the respite service will possess the skill, training, or
education necessary to provide the respite service. In addition, the vendored
family member is responsible for ensuring that the person providing respite
care is familiar with the consumer's daily routines and needs, and is trained
in any specialized supports necessary for the consumer. To the extent that
these specialized support needs require additional training or certification in
such things as First Aid, Cardiopulmonary Resuscitation (CPR), etc., these
needs and requirements will be included as part of the description of respite
care needs in the consumer's IPP or IFSP; or
4. An agency that meets the criteria
specified in California Code of Regulations, Title 17, Section
54342(a)(39);
or
5. For out-of-home respite
services, a facility which meets the standards specified in California Code of
Regulations, Title 17, Section
54342(a)(58) or
(72). A relative who provides out-of-home
respite in the relative's own house is exempt from licensure pursuant to Title
22, California Code of Regulations, Section
80007.
(4) Participant-Directed Transportation --
Family Member -- Service Code 470.
(A) A
regional center shall classify a vendor as Participant-Directed Transportation
-- Family Member if the vendor secures the transportation to and/or from
authorized services identified in the consumer's IPP and the vendor:
1. Is a family member or adult consumer. The
family member or adult consumer may either provide the transportation service
or secure an individual to provide the transportation services identified in
the consumer's IPP;
(B)
The individual who is actually providing the transportation service shall:
1. Possess a driver's license which is valid
in California; and
2. Have evidence
of maintenance of adequate insurance coverage pursuant to Welfare and
Institutions Code, Section
4648.3.
(C) Participant-Directed Transportation shall
only be authorized by regional centers to cover transportation costs which
exceed the transportation costs that the family member would incur for a minor
child without disabilities. The regional center may pay in excess of this
amount when a family can demonstrate a financial need and when doing so will
enable the consumer to remain in the family home.
(5) Participant-Directed Community-Based
Training Service for Adults -- Service Code 475, as established in Welfare and
Institutions Code Section
4688.21(c)(1)
through (12) is an adult day program service
that assists the adult consumer in the development of skills required for
community integrated employment and/or participation in volunteer activities
and to secure employment and/or volunteer positions or pursue secondary
education.
(A) A regional center shall
classify a vendor as a Participant-Directed Community-Based Training Service
for Adults if the vendor:
1. Is an adult
consumer, family member, or conservator;
2. Is not the direct provider of the
community-based training service for adults. A parent or conservator shall not
be the direct support worker employed by the community-based training vendor;
and
3. Selects the community-based
training service for adults from an individual who is at least 18 years of age
and possesses the skill, training, or experience necessary to provide the
community-based training service for adults in accordance with the IPP. If the
selected individual is required to transport the consumer, meets the
requirements in (e)(4)(B) above.
(B) The Participant-Directed Community-Based
Training Service for Adults shall be provided in natural environments in the
community, separate from the consumer's residence.
(6) Participant-Directed Personal
Assistance--Service Code 456 is a Personal Assistance service that assists the
consumer with personal assistance and support to help the consumer be
successful in their own home and in the community.
(A) A regional center shall classify a vendor
as a Participant-Directed Personal Assistance Service if the vendor:
1. Is an adult consumer, family member, or
conservator;
2. Selects an
individual who is at least 18 years of age;
3. Ensures that the individual selected will
possess the skill, training, or education necessary to provide the service in
accordance with the IPP; and
4.
Ensures that the individual is familiar with the consumer's daily routines and
needs and is trained in any specialized supports necessary for the
consumer.
(7)
Participant-Directed Independent Living Services--Service Code 457 is an
independent living service that assists the adult consumer in the development
or maintaining of skills required for living independently in the community.
(A) A regional center shall classify a vendor
as a Participant-Directed Independent Living service for Adults if the vendor:
1. Is an adult consumer, family member, or
conservator;
2. Selects an
individual who is at least 18 years of age;
3. Ensures that the individual will possess
the skill, training, or education necessary to provide the service in
accordance with the IPP; and
4.
Ensures that the individual is familiar with the consumer's daily routines and
needs and is trained in any specialized supports necessary for the
consumer.
(8)
Participant-Directed Supported Employment--Service Code 458 is a service that
is provided in order to support a consumer in obtaining and maintaining
competitive integrated employment, or self-employment. This may include
developing a plan for employment by assessing the consumer's strengths,
weaknesses, skills, and desires for employment.
(A) A regional center shall classify a vendor
as a Participant-Directed Supported Employment provider if the vendor:
1. Is an adult consumer, family member, or
conservator;
2. Selects an
individual who is at least 18 years of age;
3. Ensures that the individual selected will
possess the skill, training, or education necessary to provide the service in
accordance with the IPP; and
4.
Ensures that the person providing supported employment is familiar with the
consumer's daily routines and needs and is trained in any specialized supports
necessary for the consumer.
(f) By September 30, 2011, adult consumers or
family members vendored pursuant to California Code of Regulations, Title 17,
Section 54355(g)(1), (3), (4) and
(5) who choose to be an Employer or
Co-Employer are not required to be re-vendored. The regional center shall:
(1) Ensure that the adult consumer or family
member continues to meet vendor requirements in accordance with (b), (c), (d)
and (e) above;
(2) Provide the
adult consumer or family member with information regarding the requirements to
use an FMS Co-Employer and/or FMS F/EA pursuant to (b) above when these
services are funded with federal financial participation through Medicaid and
about the requirements for the applicable Participant-Directed Services,
pursuant to (e) above;
(3) Assist
the adult consumer or family member to identify and choose an appropriate FMS
Co-Employer or FMS F/EA pursuant to (b) above;
(4) Assign the applicable
Participant-Directed Service code pursuant to (e) above, with services to be
effective no sooner than October 1, 2011; and
(5) Continue to pay the existing rate of the
voucher service(s) for the corresponding participant-directed services as
described in (e) above.
Notes
2. Adoption of subsections (a)-(e)(4)(C) and (f)-(f)(5) filed 8-29-2011 as a deemed emergency pursuant to Welfare and Institutions Code section 4648.12; operative 8-29-2011 (Register 2011, No. 35). A Certificate of Compliance must be transmitted to OAL within 18 months or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-29-2011 orders transmitted to OAL 1-25-2013 and filed 3-11-2013 (Register 2013, No. 11).
4. Amendment of subsection (a) and new subsections (e)(6)-(e)(8)(A)4. filed 9-15-2022; operative 9-16-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37).
Note: Authority cited: Sections 4405, 4648(a), 4648.12(c)(1)(B) and 4688.21(d), Welfare and Institutions Code; and Section 11152, Government Code. Reference: Sections 4631, 4648(a), 4648.12(c) and 4688.21, Welfare and Institutions Code.
2. Adoption of subsections (a)-(e)(4)(C) and (f)-(f)(5) filed 8-29-2011 as a deemed emergency pursuant to Welfare and Institutions Code section 4648.12; operative 8-29-2011 (Register 2011, No. 35). A Certificate of Compliance must be transmitted to OAL within 18 months or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-29-2011 orders transmitted to OAL 1-25-2013 and filed 3-11-2013 (Register 2013, No. 11).
4. Amendment of subsection (a) and new subsections (e)(6)-(e)(8)(A)4. filed 9-15-2022; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.