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Benefits, Rights and Responsibilities Consumer Directed Attendant Support CDAS Program. Workshop Goals. Benefits of Consumer Direction Rights as a CDAS Participant Responsibilities of CDAS Participants. Medicaid Long Term Care Options. Nursing facility Agency care
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Benefits, Rights and ResponsibilitiesConsumer Directed Attendant Support CDAS Program
Workshop Goals • Benefits of Consumer Direction • Rights as a CDAS Participant • Responsibilities of CDAS Participants
Medicaid Long Term Care Options • Nursing facility • Agency care • Home and Community Based Services • Home Health care • Consumer directed care
Benefits of Consumer Direction Independence Choice Control
Benefits of Consumer Direction • Control your own schedule, based on your health needs and lifestyle • Choose whom to hire, based on your own criteria • Find better attendants who stay longer • Decide which tasks each attendant provides, and train your attendants to perform to your standards
Benefits (cont’d) • Set the wages your attendants receive, based on skill, training required, scheduling, etc. • Attendants are accountable to you, not to an agency • Decide when it is time to dismiss an attendant • Provide your own dependable emergency backup system
CDAS Participant Rights If you are eligible for CDAS and enroll in the program, you have various rights. This section covers the following: • Manage your own attendant support • Appeal and fair hearing • Authorized Representative • Accessing appropriate information • Support for financial management • Maintaining eligibility • Withdrawing from the program
Managing Your OwnAttendant Support • Choose the attendants you want to hire • Decide what special knowledge and skills your attendants should have • Train attendants to meet your needs • Replace attendants as necessary • Request a new assessment if you need a change in services • Change your Attendant Support Management Plan, with approval
Appeal and Fair Hearing • You have all the rights other Medicaid clients have, including: • The right to appeal decisions • The right to have a fair hearing on those decisions
Authorized Representative • You may designate an Authorized Representative who has the judgment and ability to direct care on your behalf • An Authorized Representative must: • Accept responsibility for directing care on the client’s behalf and handling the financial aspects of the client’s care. • Show a strong personal commitment to the client. • Show knowledge about the client’s preferences. • Follow the client’s wishes and respect the client’s preferences. • Use sound judgment to act on the client’s behalf. • Be at least 18 years old. • Have known the client for at least two years. • An Authorized Representative may not be paid for directing care
Accessing Appropriate Information • Information in a format that best fits your needs • Training materials and formats that best suit your needs • Small group • Individualized • Self-paced
Support forFinancial Management • You can get help to handle finances related to your attendant support management • The person who helps you cannot: • Receive pay from your allocation • Direct your attendant support (unless the person is your Authorized Representative)
Maintaining Eligibility • Participating in a consumer direction program does not cause your Medicaid eligibility to change. Other changes in your life, such as income, health, etc. could affect your eligibility. • Leaving a consumer direction program will not cause your Medicaid eligibility to change
Withdrawing From the Program • CDAS is voluntary • You may withdraw from the program at any time • If you leave a consumer direction program, you have the right to return to your earlier services, provided you still need those services and meet eligibility requirements
CDAS Participant Responsibilities • Demonstrate the required skills and abilities • Manage your own health • Manage your attendant support • Manage emergencies • Oversee quality assurance • Follow relevant employment laws
Demonstrate the RequiredSkills and Abilities • You must show that you can direct your own attendant support, by: • Completing CDAS training • Passing the Post-Training Assessment • Developing an Attendant Support Management Plan
Manage Your Own Health • Maintain your health and monitor your medical condition • Be open and frank about your needs • If you need medical help, it is up to you to get it
Manage Your Attendant Support • Budget for attendant support within your allocation, including a budget for emergencies • Decide on wages, schedules and benefits (if any) for your attendants • Recruit and interview people to be attendants • Do reference checks • Review criminal background checks • Hire attendants, set wages and complete hiring/provider agreements
Manage Your Attendant Support (cont’d) • Schedule, train and supervise attendants • Follow all laws and rules on employing attendants • Complete paperwork and timesheets • Fire attendants and replace them as needed
Manage Your Attendant Support (cont’d) • Explain the role of the Intermediary Service Organization (ISO) to attendants • Employer of record • Conducts CBI checks • Processes timesheets • Handles payroll and taxes • Sends checks to attendants • Handles benefits and worker’s compensation (as appropriate)
Manage Your Attendant Support (cont’d) • Practice employee safety • Provide a clean and safe work environment • Use universal precautions, when necessary • Train attendants to use proper body mechanics if lifting is involved • If an attendant is injured while working, see that they receive medical attention, if necessary, and report injuries as appropriate
Manage Emergencies • Budget and include plans for backup care in your Attendant Support Management Plan • In the event you are unable to direct your care, have information ready for attendants and emergency personnel • Plan for communitywide disasters, such as fires, floods, blizzards, power outages, etc. • Understand how to prevent and address critical incidents, such as abuse (physical, mental or verbal), threats, theft, etc.
Oversee Quality Assurance • You must make sure you receive quality attendant support • Follow your approved Attendant Support Management plan • Inform your case manager about the quality of your care • Complete a survey and self-assessment every six months on your progress, concerns, health, satisfaction, etc.
Follow RelevantEmployment Laws • As the “supervising employer” in CDAS, you must abide by applicable federal, state and local laws governing employment • Title VII of the Civil Rights Act of 1964 • Age Discrimination in Employment Act • The Americans with Disabilities Act • The Family and Medical Leave Act • The Fair Labor Standards Act
It May be Discriminatory to Ask Applicants About… • Arrests • U.S. citizenship • Children (how many, names, ages, child care arrangements, etc.) • Disabilities or physical conditions that do not relate to performing the job • Marriage status • Pregnancy, birth control, or child bearing plans • Ancestry, national origin, race or color • Religious affiliation, holidays observed, etc. • Age
Why Choose Consumer Direction? Independence Choice Control
For More Information • CDAS application packets • CDAS Training Reference Manual for enrolled participants • Single Entry Point case manager • http://www.hcpf.state.co.us • Click on “Medical Assistance Programs,” and then click on “Consumer Directed Attendant Support”