Section 115.590 Minimum CILA Agency/Caregiver Contract Requirements

Section 115

Section 115.590  Minimum CILA

Agency/Caregiver Contract Requirements

a)         All independent contractors or caregivers shall provide

services in compliance with a contract or signed agreement made with the CILA

agency.  The contract or signed agreement shall include, at a minimum, the

following provisions:

1)         Names of the caregivers and all other individuals residing in

the home.

2)         Names of the individuals served.

3)         Legal address and phone number of the residence.

4)         Signed assurance of compliance with all applicable federal and

State rules and regulations.

5)         Description and documentation of training of the primary

caregivers.

6)         Detailed description of how the home will be monitored by the CILA

agency and related entities, including assurance of the host family's

compliance with investigations of the Department's Office of the Inspector

General, Centers for Medicare & Medicaid Services, Department of Healthcare

and Family Services, DHS, and the CILA agency.

7)         Description of how the transportation needs of the individual

will be met.

8)         Description of the expected daily schedule of the individuals

and caregivers.

9)         Indication of participation in the development and/or review

of the individual's Personal Plan and Implementation Strategy and how ongoing

documentation of service delivery will occur.

10)         Description of relief services, including number per month,

arrangements for relief services, requests for additional relief services, and

responsibility to take relief time.

11)         How documentation of the individual's financial resources

will occur

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of the individual's Personal Plan and Implementation Strategy and how ongoing

documentation of service delivery will occur.

10)         Description of relief services, including number per month,

arrangements for relief services, requests for additional relief services, and

responsibility to take relief time.

11)         How documentation of the individual's financial resources

will occur.

12)         If the primary caregiver is employed outside the home,

information relative to the outside employment, including:

A)        The CILA agency’s approval of outside employment for the

caregiver;

B)        Employer's name, address, and phone number;

C)        Employer's type of business;

D)        Hours caregiver will be working in this employment;

E)        Name, address, and phone number of the authorized substitute

caregiver who will provide care in the absence of the primary caregiver; and

F)         Copy of the documentation of training of the substitute

caregiver.

13)         Other information as determined by the individual receiving

services and their family/guardian, the host family caregiver, the CILA agency,

and the Department.

b)         Additional staff support

1)         In exceptional circumstances, the Department may require CILA

agencies to utilize shift staff support in addition to the services provided by

the host family.  These exceptional circumstances may include, but are not

limited to, the following:

A)        Residences serving more than two individuals, per approval of a

waiver by the Department;

B)        Transitional periods during initial service implementation;

C)        Circumstances in which individuals are experiencing serious

maladaptive behaviors;

D)        Circumstances in which individuals are experiencing serious

medical issues;

E)        Situations in which host families are experiencing transitional

or crisis periods; and

F)         CILA agencies under sanction by the Department

Transitional periods during initial service implementation;

C)        Circumstances in which individuals are experiencing serious

maladaptive behaviors;

D)        Circumstances in which individuals are experiencing serious

medical issues;

E)        Situations in which host families are experiencing transitional

or crisis periods; and

F)         CILA agencies under sanction by the Department.

2)         Other staff coverage may be determined by the agency, DHS, and

the contractor (as applicable), as guided by the individual's needs, and

following the agency's quality assurance plan for service delivery.