Rule 23-208-4.3 - Freedom of ChoiceA. Medicaid beneficiaries have the right to freedom of choice of providers for Medicaid covered services. Refer to Part 200, Chapter 3, Rule 3.6.B. Personal care services may be furnished by family members provided they are not legally responsible for the individual. 1. The Division of Medicaid defines a person legally responsible for an individual as the parent, or step-parent, of a minor child or an individual's spouse.2. Family members must meet provider standards and must be certified competent to perform the required tasks by the beneficiary and the TBI/SCI counselor/registered nurse.3. There must be adequate justification for the family member to function as the attendant.23 Miss. Code. R. 208-4.3
Miss. Code Ann. § 43-13-121; Social Security Act 1902 (a)(23)