Idaho Admin. Code r. 16.03.13.136

Current through September 2, 2024
Section 16.03.13.136 - SUPPORT BROKER DUTIES AND RESPONSIBILITIES
01.Support Broker Initial Documentation. Prior to beginning employment for the participant, the support broker must complete the packet of information provided by the fiscal employer agent and submit it to the fiscal employer agent. This packet must include documentation of:
a. Support broker application approval by the Department;
b. A completed criminal history check, including clearance in accordance with Section 009 of these rules and IDAPA 16.05.06, "Criminal History and Background Checks"; and
c. A completed employment agreement with the participant that identifies the specific tasks and services that are required of the support broker. The employment agreement must include the negotiated hourly rate for the support broker, and the type, frequency, and duration of services. The negotiated rate must not exceed the maximum hourly rate for support broker services established by the Department.
02.Required Support Broker Duties. Support broker services may include only a few required tasks or may be provided as a comprehensive service package depending on the participant's needs and preferences. At a minimum, the support broker must:
a. Assist in facilitating the person-centered planning process as directed by the participant and consistent with the rules in IDAPA 16.03.10, "Medicaid Enhanced Plan Benefits," Sections 313, 316, and 317;
b. Develop a written support and spending plan with the participant that includes the paid and unpaid supports that the participant needs and wants, related risks identified with the participant's wants and preferences, and a comprehensive risk plan for each potential risk that includes at least three (3) backup plans should a support fail. This plan must be authorized by the Department;
c. Assist the participant to monitor and review their budget;
d. Submit documentation regarding the participant's satisfaction with identified supports as requested by the Department;
e. Participate with Department quality assurance measures, as requested;
f. Assist the participant to complete the annual re-determination process as needed, including updating the support and spending plan and submitting it to the Department for authorization;
g. Assist the participant, as needed, to meet the participant responsibilities outlined in Section 120 of these rules and assist the participant, as needed, to protect their own health and safety;
h. Complete the Department-approved criminal history check waiver form when a participant chooses to waive the criminal history check requirement for a community support worker. Completion of this form requires that the support broker provide education and counseling to the participant and their circle of support regarding the risks of waiving a criminal history check and assist with detailing the rationale for waiving the criminal history check and how health and safety will be protected; and
i. Assist children enrolled in the Family-Directed Community Supports (FDCS) Option as they transition to adult DD services.
j. Sign the written support and spending plan as required in IDAPA 16.03.10, "Medicaid Enhanced Plan Benefits," Section 317.
03.Additional Support Broker Duties. In addition to the required support broker duties, each support broker must be able to provide the following services when requested by the participant:
a. Assist the participant to develop and maintain a circle of support;
b. Help the participant learn and implement the skills needed to recruit, hire, and monitor community supports;
c. Assist the participant to negotiate rates for paid community support workers;
d. Maintain documentation of supports provided by each community support worker and participant's satisfaction with these supports;
e. Assist the participant to monitor community supports;
f. Assist the participant to resolve employment-related problems;
g. Assist the participant to identify and develop community resources to meet specific needs; and
h. Assist the participant in distributing the support and spending plan to community support workers or vendors as described in IDAPA 16.03.10, "Medicaid Enhanced Plan Benefits," Section 317.
04.Termination of Support Broker Services. If a support broker decides to end services with a participant, they must give the participant at least thirty (30) days' written notice prior to terminating services. The support broker must assist the participant to identify a new support broker and provide the participant and new support broker with a written service transition plan by the date of termination. The transition plan must include an updated support and spending plan that reflects current supports being received, details about the existing community support workers, and unmet needs.

Idaho Admin. Code r. 16.03.13.136

Effective March 17, 2022