RELATES TO:
KRS
17.165,
194A.060,
209.030,
210.770-210.795, 45 C.F.R. 164.502-164.514,
164.530
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
210.780(3) authorizes the
Hart- Supported Living Council to recommend necessary administrative
regulations to carry out the purposes of
KRS
210.770 to
210.795.
KRS
210.795(3) requires the
cabinet in concert with the Hart-Supported Living Council to promulgate
administrative regulations to establish the methods of awarding Hart-Supported
Living grants, monitoring the quality of service delivery, and providing for
administrative appeals of decisions. This administrative regulation establishes
the Hart-Supported Living grant program application and award procedures, the
standards to monitor the quality of service delivery, and the appellate
procedure.
Section 1. Definitions.
(1) "Adaptive and therapeutic equipment"
means an item recommended by a physician, physician assistant, advanced
practice registered nurse, or therapist that is necessary for the recipient's
independent functioning and communication.
(2) "Applicant" means a person who may be
eligible for a Hart-Supported Living grant and submits a completed DAIL-HSL-01
Application to the regional Hart-Supported Living grant program coordinator by
the deadline established by Section 3 of this administrative
regulation.
(3) "Application" means
a DAIL-HSL-01 Application that is completed and submitted in accordance with
Section 3 of this administrative regulation to the regional Hart-Supported
Living grant program coordinator.
(4) "Budget narrative" means a justification
and explanation of the amount requested in each budget category.
(5) "Community resource developer" means an
employee of a recipient who coordinates and assists a recipient to:
(a) Participate in the community with persons
who are members of the general citizenry; and
(b) Learn and enhance skills and competencies
in living in the community.
(6) "Council" means the Hart- Supported
Living Council that oversees the Hart-Supported Living grant program as
described by
KRS
210.775 and
210.780.
(7) "Department" or "DAIL" means the
Department for Aging and Independent Living.
(8) "Duplicative service" means a support or
service received through the Hart-Supported Living grant program which an
individual is eligible to receive from another agency or program and is offered
or available at the same time.
(9)
"Eligibility" means meeting the financial eligibility criteria established in:
(a) Section 2 of this administrative
regulation; and
(b)
KRS
210.790.
(10) "Extraordinary out of pocket expenses"
means medical expenses of the recipient or applicant not covered by insurance
including:
(a) Co-pays;
(b) Deductibles;
(c) Prescriptions;
(d) Premiums for medical insurance;
(e) Other medical, dental, or vision cost
incurred as a result of medically necessary treatments or procedures;
or
(f) Other services or supports
related to the person's disability.
(11) "Family" means the recipient's parent,
stepparent, adoptive parent, foster parent, grandparent, siblings, spouse, or
legal guardian.
(12) "Family
responsibility" means:
(a) Activities or
provisions that a family performs naturally until the recipient reaches
eighteen (18) years of age including:
1.
Educational activities;
2.
Housing;
3. Food;
4. Clothing;
5. Child care; and
6. Medical care; and
(b) Personal care activities or provisions
that a family performs naturally until the recipient reaches twelve (12) years
of age.
(13) "Federal
poverty guidelines" means the poverty guidelines updated annually in the
Federal Register by the U.S. Department of Health and Human Services under the
authority of
42
U.S.C.
9902(2).
(14) "Hart-Supported Living grant" means an
award of funds for a fiscal year to a recipient and is defined by
KRS
210.770(5) and
(6).
(15) "Hart-Supported Living grant program" or
"HSL" is defined by
KRS
210.770(5) and
(6).
(16) "Hart-Supported Living plan" means the
DAIL-HSL-02 Plan document developed with the recipient to account for the
services to be provided and the costs.
(17) "Hart-Supported Living plan amendment"
means the DAIL-HSL-03 Plan Amendment document that is a written request for
change in a Hart-supported living plan in the same fiscal year.
(18) "Hart-Supported Living services" means
services that are:
(a) Provided to a person
with a disability; and
(b) Directed
to the recipient toward integrated community living and include:
1. A community resource developer:
a. As authorized by
KRS
210.770(8)(a);
b. Who coordinates and assists a recipient to
meet requirements pursuant to
KRS
210.770(5)(a)-(e);
and
c. Who ensures compliance with
KRS
210.770(6);
2. Homemaker services:
a. As authorized by
KRS
210.770(8)(b); and
b. That include:
(i) Cooking;
(ii) Cleaning;
(iii) Shopping;
(iv) Laundry; or
(v) Housekeeping;
3. Personal care services:
a. As authorized by
KRS
205.900(3); or
b. For recipients twelve (12) years of age or
older, as authorized by
KRS
210.770(8)(c);
4. In-home training and home
management assistance:
a. As authorized by
KRS
210.770(8)(d); and
b. That include services to individuals over
the age of twelve (12) to assist with one-on-one instruction in the home,
including:
(i) Property maintenance;
(i) Financial planning;
(iii) Housekeeping such as laundering, meal
preparation, vacuuming, storing purchased items, washing dishes, and changing
bed linens; and
(iv)
Shopping;
5.
Start-up grants:
a. As authorized by
KRS
210.770(8)(e); and
b. That include a grant for one (1) time
expenses if the expenses support the recipient's independent living and are
for:
(i) A security deposit;
(ii) Utility deposits; or
(iii) Purchases of furniture, appliances, and
equipment up to $2,000;
6. Transportation:
a. As authorized by
KRS
210.770(8)(f); and
b. That includes mileage reimbursement if it:
(i) Is for a person or provider who
transports the recipient to work or community activities that are not
customarily a family responsibility; and
(ii) Does not exceed the state reimbursement
rate;
7. Home
modifications that:
a. Are authorized by
KRS
210.770(8)(g);
b. Include:
(i) An architectural change;
(ii) A ramp;
(iii) A widening of doors; or
(iv) Other adaptation if it is requested for
the recipient's primary residence to directly accommodate the recipient's
disability; and
c. Do
not exceed the $45,000 per recipient lifetime limit;
8. Adaptive and therapeutic equipment:
a. As authorized by
KRS
210.770(8)(h); and
b. That includes an item which promotes the
recipient's independent functioning and is recommended by a:
(i) Physician;
(ii) Physician assistant;
(iii) Advanced practice registered nurse;
or
(iv) Therapist; and
9. Individualized life
planning authorized by
KRS
210.770(8)(i).
(19) "Operating agency"
means the department or its designee that administers Hart-Supported
Living.
(20) "Person with a
disability" is defined by
KRS
210.770(2).
(21) "Primary residence" means a dwelling
where the recipient permanently resides and is owned or leased by the recipient
or recipient's family as documented on the deed or lease agreement.
(22) "Recipient" means a person who has
applied and been approved for a Hart-Supported Living grant.
(23) "Recoupment" means a return of funds for
any payment that was made in an incorrect amount including overpayments and
underpayments under statutory, contractual, administrative, or other legally
applicable requirements.
(24)
"Regional Hart-Supported Living grant program coordinator" means a person or
entity designated by the DAIL who is responsible for fiscal and programmatic
oversight of Hart-Supported Living grants and plans.
(25) "Request for informal dispute
resolution" means the process to be followed if a recipient disagrees with a
decision made by the regional supported living coordinator, review team, or
council.
(26) "Review team" means a
team designated by the department to perform the functions established in
Section 5 of this administrative regulation.
Section 2. Eligibility.
(1) Eligibility shall be determined in
accordance with
KRS
210.790(1).
(2) Upon the effective date of this
administrative regulation, an applicant who is eligible for services through
Medicaid or a Medicaid Waiver shall not be eligible for on-going services
through a Hart-Supported Living grant unless the applicant is:
(a) Considered inappropriate for participant
directed services due to:
1. An inability to
manage his own services; and
2. A
lack of availability of a person to act as his representative; or
(b) Unable to access the Medicaid
program though a traditional provider.
(3) Medicaid eligible individuals requesting
services that are not available or exceed program limits through Medicaid may
apply for a Hart-Supported Living grant for those services not covered through
Medicaid.
(4) Applicants shall
submit a copy of the following for each member of the applicant's household:
(a) The most recent year's income tax returns
disclosing the adjusted gross income;
(b) The past three (3) months' pay stubs;
or
(c) Other verification of income
for the past year.
(5)
An individual receiving Social Security Insurance shall be considered a
household of one (1).
(6)
Applicants with an annual household adjusted gross income at or below 300
percent of the federal poverty guidelines shall be considered an eligible
applicant.
(7) Applicants with a
household adjusted gross income above 300 percent of the federal poverty
guidelines shall not be considered an eligible applicant unless the deduction
of allowable extraordinary out of pocket expenses adjusts the household income
to 300 percent of the federal poverty guidelines or lower.
(8) Recipients of a Hart-Supported Living
grant prior to the effective date of this administrative regulation shall meet
the requirements of this section by July 1, 2018.
(9) An individual shall be limited to one (1)
startup grant.
Section
3. Applicant Responsibilities.
(1) To be considered for a Hart-Supported
Living grant, the applicant shall submit a completed DAIL-HSL-01 or DAIL-HSL-04
Application on or before the annual deadline to the regional Hart-Supported
Living grant program coordinator where the applicant resides by the annual
deadline of:
(a) February 1 for all on-going
recipients submitting a DAIL-HSL-04 Request For Renewal; or
(b) April 1 for new applications or on-going
recipients requesting a new item or service submitting a DAIL-HSL-01
Application.
(2) The
DAIL-HSL-01 or DAIL-HSL-04 Application shall be submitted:
(a) With all sections and attachments
completed; and
(b) Via:
1. The US postal service;
2. Hand delivered to the HSL staff office;
or
3. Electronically through email
or website submission.
(3) An applicant shall disclose any
relationship with:
(a) A person employed by
the contract agency;
(b) The
regional Hart Supported-Living coordinator;
(c) A council member; or
(d) A department staff member.
(4) A Hart-Supported Living grant
program application shall not be used or approved to pay for the following:
(a) Rent or mortgage payments;
(b) Payment of a recipient's or employee's
insurance premium regardless of insurance type or medical bills;
(c) Supplementation of wages for staff in
other publicly-funded programs;
(d)
Modifications costing over $2,500 to rental property;
(e) Modifications of rental property without
written permission from the property owner;
(f) A home improvement not related to a
person's disability;
(g) Rental of
a vehicle for more than thirty (30) days in a fiscal year;
(h) Purchase of a vehicle;
(i) Supports or services for individuals in
accordance with
KRS
210.770(6)(a)-(e);
(j) Equipment or service that is duplicative
or obtainable from another program or funding source for which the applicant
qualifies;
(k) Tuition and
associated costs to any educational institution;
(l)Transportation, costs, or fees for a
program or activity in which the majority of participants are persons with a
disability;
(m) Furniture not
related to a start-up grant;
(n)
Household items;
(o) Utility bills
including:
1. Mobile phones;
2. Land line phones;
3. Internet access;
4. Cable;
5. Satellite dish;
6. Gas;
7. Electric;
8. Water;
9. Sewer; or
10. Other home related costs that may be
considered utility and ongoing;
(p) Vacations;
(q) Camps that are segregated;
(r) Payment of medical treatments including:
1. Medical costs;
2. Prescriptions;
3. Vitamins and supplements;
4. Nutritional supplements; or
5. Medical supplies;
(s) Groceries, meals, or dining
out;
(t) Fees and expenses for
anyone other than the recipient and one (1) attendant; or
(u) Studies or research
projects.
(5) Community
activity fees shall:
(a) Be limited to pay for
the recipient and one (1) attendant to accompany the recipient to an activity
that promotes participation in the community with members of the general
citizenry;
(b) Not be provided for
activities that are a family responsibility; and
(c) Not exceed $750 per grant year per
recipient.
(6) Community
activity fees, membership fees, and services funded through a Hart-Supported
Living grant shall be provided and purchased in Kentucky unless they are not
available in Kentucky.
Section
4. Application Evaluation and Funding Criteria.
(1) The review team shall recommend funding
for a Hart-Supported Living grant based on the DAIL-HSL-01 Application which
shall:
(a) Be received on or before the due
date;
(b) Be filled out in its
entirety;
(c) Clearly identify the
applicant's need for services requested;
(d) Clearly identify and justify the cost for
requested services;
(e) Clearly
identify how the services will be provided;
(f) Clearly identify who will provide the
services;
(g) Include a budget
sheet and budget narrative for the funding requested for each service and
provider;
(h) Identify personal
resources that will be utilized to provide identified services; and
(i) Adhere to the core principles and
definitions of the Hart-Supported Living grant program in accordance with
KRS
210.770(5) and (6) and
210.795.
(2) Funding for the application
shall be dependent upon:
(a) Meeting the
eligibility criteria established in Section 2 of this administrative
regulation;
(b)
Completeness;
(c) Submission on or
before the deadline;
(d) Evaluation
by the review team; and
(e)
Availability of funding.
(3) Once the allocation of funds have been
obligated to applications based on the review criteria, other applications
shall not be approved for funding unless additional funding becomes
available.
Section 5.
Review Teams.
(1) A review team shall:
(a) Evaluate applications in accordance with
the criteria in Section 4 of this administrative regulation;
(b) Make recommendations for applications to
be funded in accordance with subsection (2) of this section;
(c) Review requests for plan amendments
utilizing the DAIL-HSL-03 Plan Amendment;
(d) Not authorize a plan amendment to
increase the grant award; and
(e)
Reallocate grant awards that are underspent to fund individuals in the
following priority order:
1. Applicants
approved through the informal dispute or appeals process for the current fiscal
year or, if no funding is available, these individuals shall be the first
funded in the next fiscal year; and
2. Applicants in the current fiscal year
based on priority order according to subsection (1)(a-d) and (2)(a-b) of this
section that funding was not available prior to the reallocation of grant
awards.
(2)
Funding recommendations shall be made in the following order:
(a) Current recipients requesting the same
amount or less for on-going supports;
(b) Current recipients requesting additional
funding in order to ensure the continuation of their current plan. Additional
funding may be granted for the following:
1.
An increase in the pay rate of a provider for services currently in the
plan;
2. An increase in employer
taxes for services currently in the plan;
3. An increase in worker's compensation
rates; or
4. Payment to a provider
to compute required employer taxes and withholdings;
(c) Applicants denied funding from the
previous fiscal year and approved for funding by the informal dispute
resolution or administrative hearing process as outlined in Section 14 of this
administrative regulation; and
(d)
New applicants and current recipients requesting additions to their
plans.
(3) Multiple
review teams may be established based upon the number of applications received
annually and shall be designated by the department and made up of a minimum of
three (3) individuals consisting of:
(a) One
(1) employee of the department;
(b)
One (1) council member; and
(c) One
(1) representative of a community or advocacy organization that serves those
with disabilities.
(4)
If needed and available, technical assistance may be provided for educational
purposes to the review team by a subject matter expert.
Section 6. Recipient Responsibilities.
(1) A recipient of a Hart-Supported Living
grant shall:
(a) Meet the eligibility
requirements established in Section 2 of this administrative
regulation;
(b) Participate in the
development of a DAIL-HSL-02 Plan with the regional Hart-Supported Living grant
program coordinator;
(c) Adhere to
the Hart-Supported Living plan and request a plan amendment for a necessary
change;
(d) Negotiate the grant
funded services to be provided by:
1. A
service providing agency; or
2. An
individual who provides services, as an employee or independent contractor;
and
(e) Be responsible
for the recoupment of funds when used for any purpose other than the approved
plan or approved amended plan.
(2) A recipient of a Hart-Supported Living
grant who is an employer shall:
(a) Be
responsible for the computation, payment, and reporting of employee payroll,
with-holdings, workers' compensation, unemployment, and taxes;
(b) Establish terms of employment for an
employee to:
1. Include time, duties, and
responsibilities; and
2. Be in the
form of a signed agreement; and
(c) Establish terms for an independent
contractor to include:
1. Proof of licensure
or certification and insurance;
2.
Services to be provided and compensation; and
3. A signed agreement.
(3) A recipient shall not sell or
donate equipment or another item purchased with Hart-Supported Living grant
funds without the written consent of the council.
(4) A recipient of a Hart-Supported Living
grant shall comply with standards as set forth in
KRS
210.795.
(5) A recipient shall immediately notify the
regional Hart-Supported Living coordinator upon the receipt of additional
supports or services.
(6) A
recipient shall submit:
(a) Documentation with
a request for payment that shows a support or service approved on a DAIL-HSL-02
Plan has been provided; and
(b) A
timesheet that shall be signed by an employee and employer.
(7) A recipient of grant funds
shall submit an application to request an increase of services or funding by
April 1 to be considered with all applicants for a Hart-Supported Living grant
for the fiscal year beginning July 1.
(8) Recipients of grant funding prior to the
effective date of this administrative regulation shall:
(a) Receive priority for funding of existing
services listed on the individuals Hart-Supported Living plan, if the
application is complete and submitted in compliance with Section 3 of this
administrative regulation; and
(b)
Not receive priority funding for:
1. New
services;
2. Expanded services;
or
3. Requesting additional funding
for existing services.
Section 7. Recipient's Employee
Responsibilities.
(1) An employee shall:
(a) Be selected by the recipient;
(b) Be eighteen (18) years of age or
older;
(c) Enter into and comply
with the written agreement for terms of work required by the recipient's
DAIL-HSL-02 Plan or DAIL-HSL-03 Plan Amendment;
(d) Be a citizen of the United States with a
valid Social Security number or possess a valid work permit if not a U.S.
citizen;
(e) Be able to communicate
effectively with the recipient, recipient's representative, or
family;
(f) Be able to understand
and carry out instructions;
(g)
Keep records as required by the recipient;
(h) Report to work as scheduled;
(i) Maintain the privacy and confidentiality
of the recipient;
(j) Complete
training on the reporting of abuse, neglect, or exploitation in accordance with
KRS
209.030 and on the needs of the
recipient;
(k) Maintain and submit
timesheets documenting hours worked and services provided;
(l) Provide proof of the following background
checks, completed no more than sixty (60) days prior to hire and submitted
prior to the first day of employment:
1. A
criminal background check from the Administrative Office of the Courts or
Justice and Public Safety Cabinet that shows the employee has not plead guilty
to or been convicted of:
a. Committing a sex
crime or violent crime as defined in
KRS
17.165(1)-(3); and
b. A felony offense related to
theft, abuse of a person, or drugs;
2. A check of the nurse aid abuse registry
maintained in accordance with
906
KAR 1:100 that shows the employee was not found on the
registry;
3. A check of the central
registry maintained in accordance with
922 KAR 1:470
that shows the employee was not found on the registry; and
4. A check of the Adult Protective Services
Caregiver Misconduct Registry maintained in accordance with
922 KAR
5:120 that shows the employee was not found on the
registry; and
(m) Notify
the regional Hart Supported-Living coordinator of conditions which seriously
threaten the health or safety of the recipient or employee.
(2) An individual shall not be hired as an
employee if the individual:
(a) Has not
submitted proof of the background checks specified in subsection (1)(l)1.-4. of
this section;
(b) Is on the Central
Registry, Nurse Aid Abuse Registry, or Adult Protective Services Care-giver
Misconduct Registry;
(c) Has pled
guilty to or been convicted of committing a crime as specified in subsection
(1)(l)1.a.or b. of this section; or
(d) Is not able to understand or carry out a
recipient's instructions or services as listed on the DAIL-HSL-02 Plan or
DAIL-HSL-03 Plan Amendment.
(3) An employee shall not work more than
forty (40) hours in a calendar week (Sunday through Saturday).
Section 8. Operating Agency
Responsibilities. The operating agency for Hart-Supported Living grant program
funds shall:
(1) Implement the Hart-Supported
Living grant program in accordance with
KRS
210.770,
210.790,
and
210.795;
(2) Assume fiscal accountability for the
state funds designated for the program;
(3) Provide necessary personnel within the
operating agency office that shall:
(a) Meet
qualifications for the position held that include at a minimum:
1. A bachelor's degree in human services or a
related field;
2. One (1) year of
experience working in a social service field; and
3. Documentation of completion of six (6)
hours of annual training related to the position or population;
(b) Not have a conflict of
interest; and
(c) Disclose any
relationship with any applicant or recipient of a Hart-Supported Living grant
to the department;
(4)
Establish a cost center and record staff costs for administering the
Hart-Supported Living grant Program;
(5) Maintain files and records for ten (10)
years after the last date funding is no longer received as required by the DAIL
records retention schedule that include:
(a)
Applications funded;
(b)
Applications that were not funded;
(c) Names of recipients whose funding was
terminated;
(d) Names of
currently-funded recipients;
(e)
Recipient plans;
(f) Amendments to
plans;
(g) Financial records;
and
(h) Recipient monitoring
reports.
(6) Issue
payment of recoupment to DAIL if:
(a) The
operating agency's documentation is not sufficient to determine that HSL funds
were used according to this administrative regulation; or
(b) The recipient used his or her plan
inappropriately; and
(7)
Not request the recouped funds back from the recipient unless:
(a) The agency demonstrates to the department
by compelling evidence that the recipient used his or her plan inappropriately;
and
(b) The department provides
written approval to recoup the funds from the recipient.
Section 9. Council
Responsibilities.
(1) A council member shall:
(a) Adhere to the:
1. Cabinet's confidentiality of records and
reports requirements in accordance with
KRS
194A.060; and
2. Confidentiality requirements for an
applicant's or recipient's health information pursuant to
45
C.F.R.
164.502-
164.514;
(b) Disclose any relationship with
any person receiving a Hart-Supported Living grant, including themselves;
and
(c) Adhere to the council's
bylaws,
KRS
210.770 through
210.795,
and this administrative regulation.
(2) If a council member fails to act in
accordance with this section, the chair or any council member may:
(a) Call for a vote of the council to
recommend the dismissal of the council member; and
(b) Upon a majority vote for dismissal,
recommend to the governor that the member be dismissed.
(3) A council member shall not:
(a) Influence, discuss, deliberate, or vote
on a decision if the member has a conflict of interest that is:
1. Personal;
2. Professional; or
3. Financial;
(b) Be physically present in a meeting or
portion of a meeting during which the subject matter of the conflict of
interest is discussed or voted on; or
(c) Assist another individual, regardless of
where the person resides, to complete an application for Hart-Supported Living
grant funds or services except as provided in subsection (4) of this
section.
(4) A council
member may assist in the completion of an application for himself, if eligible,
or an eligible family member.
(5) A
council member shall assist in the review of applications in accordance with
Section 5 of this administrative regulation.
Section 10. Department Responsibilities. The
Department shall:
(1) In cooperation with the
council, establish deadlines, budgets, and priorities for Hart-Supported Living
grant program funds;
(2) Maintain
aggregate financial and programmatic data;
(3) Provide staff support, technical
assistance, and training for the Hart-Supported Living grant Program;
(4) Provide monitoring of the Hart-Supported
Living grant Program;
(5) Issue
recoupment notices to the provider agency if Hart-Supported Living grant
program funds were not used in accordance with this administrative regulation;
and
(6) Not allow the provider
agency to request the recouped funds back from the recipient unless the agency
can demonstrate by compelling evidence that the recipient purposely used plan
funding inappropriately.
Section
11. Regional Hart-Supported Living Grant Program Coordinator
Responsibilities. The regional Hart-Supported Living grant program coordinator
shall:
(1) Disseminate applications for the
Hart-Supported Living grant program that include the evaluation
criteria;
(2) Provide assistance in
the completion of the DAIL-HSL-01 Application upon request by an eligible
applicant or individual on the applicant's behalf;
(3) Receive the DAIL-HSL-01 Application,
document the date received, and send notice of receipt of application to the
applicant;
(4) Prescreen
applications to determine completeness, compliance with the instructions, and
conformity with
KRS
210.770(5) and
(6);
(5) Maintain a database by fiscal year of
applicants and recipients that shall include the individual's:
(a) Name;
(b) Address;
(c) Phone Number;
(d) Birth date;
(e) County of residence;
(f) Services or supports requested;
(g) Cost of each service or
support;
(h) Contact person phone
number; and
(i) Amount of allocated
funding;
(6) Notify all
applicants of the status of their applications:
(a) By June 15 for the fiscal year beginning
July 1; or
(b) Within fifteen (15)
days of the state budget allocation being received;
(7) Within thirty (30) days of the
recommendation for funding of an applicant, conduct a face-to-face visit to
finalize the Hart-Supported Living grant program plan and budget;
(8) Conduct a home visit to verify the need
for home modifications;
(9) Educate
a recipient on the recipient's responsibilities as outlined in Section 6 of
this administrative regulation;
(10) Approve payments for funded
Hart-Supported Living plans by:
(a) Receiving
bills or other documentation that a service has been provided;
(b) Verifying the service as a part of the
established plan; and
(c) Keeping a
record of each payment;
(11) Arrange for the billing and payment
directly to a vendor for one (1) time expenditures or to an agency as requested
by a grant recipient;
(12) Ensure
compliance with this administrative regulation and the successful
implementation of the Hart-Supported Living plans through monitoring which
shall include:
(a) Conducting a home visit or
site visit at the location where the services are received;
(b) Visiting the home when home modifications
are requested and completed;
(c)
Completing a monitoring report that shall be completed for each recipient as
follows:
1. Within three (3) months of
completion of the service for one (1) time services received by a recipient;
and
2. Within the first three (3)
months of the initiation of the Hart-Supported Living plan and for services
received by a recipient; and
(d) Maintaining monitoring reports as a
permanent part of the recipient's record;
(13) Attend trainings and meetings as
required by the council;
(14)
Submit database information as outlined in this section to the department;
and
(15) Disclose any relationship
with an applicant or recipient of a Hart-Supported Living grant including:
(a) Family member;
(b) Friend;
(c) Co-worker;
(d) Co-worker family member; or
(e) Co-worker friend.
Section 12. Reduction of a
Hart-Supported Living Grant.
(1) The regional
Hart-Supported Living grant program coordinator shall recommend a reduction in
Hart-Supported Living grant funding by the amount that duplicates a support or
service on the Hart-Supported Living plan to the Hart-Supported Living
council.
(2) The Hart-Supported
Living grant shall be reduced if:
(a) The
support does not comply with the principles and definition of the
Hart-Supported Living grant program in
KRS
210.770 through
210.795;
(b) The recipient no longer needs a support
or service in whole or in part; or
(c) The recipient does not utilize funds in
accordance with the approved DAIL-HSL-02 Plan.
Section 13. Termination of a Hart-Supported
Living Plan.
(1) The regional Hart-Supported
Living grant program coordinator shall recommend to the council that a
recipient's grant be terminated if the recipient:
(a) Does not use the funds in accordance with
the principles and definition of Hart-Supported Living found in
KRS
210.770 210.795, 210.795, and this
administrative regulation;
(b) Does
not comply with employer responsibilities, if applicable;
(c) Takes up residence outside of
Kentucky;
(d) Requests termination
of the Hart-Supported Living grant;
(e) Does not utilize funds in accordance with
the approved DAIL-HSL-02 Plan;
(f)
Does not notify the Hart-Supported Living grant program coordinator upon
receipt of additional supports or services as required in Section 6(5) of this
administrative regulation; or
(g)
Passes away.
(2) The
regional Hart-Supported Living grant program coordinator shall recommend
termination of the program if a council member or program staff is threatened
or intimidated by a recipient's:
(a)
Caregiver;
(b) Family member;
or
(c) Employee.
(3) A termination shall be
appealable in accordance with Section 14 of this administrative
regulation.
Section 14.
Request for Informal Dispute Resolution or Administrative Hearing.
(1) A recipient may request an informal
dispute resolution.
(2) A dispute
resolution shall be limited to:
(a) The
denial, reduction, or termination of a:
1.
Hart-Supported Living plan; or
2.
Hart-Supported Living plan amendment;
(b) The reduction of Hart-Supported Living
grant program funding as requested in the plan; or
(c) The reduction or termination of
Hart-Supported Living grant program funding, unless due to state budget
cuts.
(3) A request for
an informal dispute resolution shall:
(a) Be
submitted to the department's HSL program coordinator within thirty (30) days
following the notification by the Hart-Supported Living grant program
coordinator of a decision in subsection (2) of this section; and
(b) Contain the following information:
1. Name, address, and telephone number of the
recipient;
2. Decision being
disputed;
3. Justification for the
dispute;
4. Documentation
supporting the dispute; and
5.
Signature of person requesting the dispute resolution.
(4) The dispute resolution shall
be heard by:
(a) Three (3) members of the
council, one (1) of whom shall be the chairman or the chairman's
designee;
(b) One (1) member of the
review team; and
(c) The
Hart-Supported Living grant program coordinator.
(5) The recipient shall be provided an
opportunity to appear before the dispute resolution team to present facts or
concerns about the denial, reduction, or termination of the grant.
(6) The dispute resolution team shall inform
a recipient, in writing, of the decision resulting from the dispute resolution
within ten (10) business days of the review.
(7) A recipient dissatisfied with the result
of the dispute resolution may appeal to the Division of Administrative Hearings
of the Office of Communications and Administrative Review.
(8) The appeal shall be submitted:
(a) Within fifteen (15) business days from
the date on the letter providing the decision of the dispute resolution
team;
(b) In writing; and
(c) To the Department for Aging and
Independent Living, 275 East Main Street, Frankfort, Kentucky 40621.
(9) The department shall request
the Division of Administrative Hearings of the Office of Communications and
Administrative Review to conduct a hearing pursuant to KRS Chapter
13B.
Section 15.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"DAIL-HSL-01 Application", April 2015;
(b) "DAIL-HSL-02 Plan", April 2015;
(c) "DAIL-HSL-03 Plan Amendment", August
2015; and
(d) "DAIL-HSL-04 Request
for Renewal", April 2015.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Aging
and Independent Living, 275 East Main Street, Frankfort, Kentucky 40621, Monday
through Friday, 8 a.m. through 4:30 p.m.