Section 422.439 - Transitional Living Program: Service Agreement(A)(1) Before the initiation of PCA services, the transitional living provider, with the participation of the member and the surrogate (if any), must develop a written individual service agreement, which must describe in detail the responsibilities of the PCA, the member, the member's surrogate or administrative proxy, if any, and the transitional living provider.(2) On the basis of an assessment as provided in 130 CMR 422.438(A), the transitional living provider, with the participation of the member to the fullest extent possible, must determine whether a surrogate is needed to manage the personal care services. If no surrogate or administrative proxy is needed, the service agreement must clearly state that the member has sole responsibility to manage PCA services.(3) If a surrogate or administrative proxy is needed, the service agreement must name the surrogate or administrative proxy, and pursuant to and as described in the service agreement, the member must be involved in managing PCA services to the maximum extent possible. The service agreement's description of the surrogate or administrative proxy's responsibilities must include the frequency of the surrogate or administrative proxy's visits with the member. The transitional living provider is responsible for monitoring the overall implementation of the service agreement.(4) Before implementing or modifying the service agreement, the transitional living provider must provide to the member or surrogate: (a) a copy of the service agreement;(b) an explanation, if necessary, of the terms of the agreement;(c) an opportunity to object to any terms of the agreement; and(d) a process to resolve any objections as soon as possible, including an opportunity to meet with all interested persons.(B) Where the service agreement identifies the need for a surrogate or administrative proxy, the organization, with the participation of the member and the surrogate, must review the service agreement and its implementation. Review of the agreement must include a review of the needs and circumstances of the member, the services provided by the PCA, and the surrogate's management of PCA services. If necessary, the plan will be modified:(1) at least every three months;(2) when there is a change in the surrogate or administrative proxy;(3) when other significant changes in circumstances necessitate it; and(4) whenever requested by the member or the surrogate or administrative proxy.Amended by Mass Register Issue 1318, eff. 7/29/2016.Amended by Mass Register Issue 1338, eff. 5/5/2017.Amended by Mass Register Issue 1407, eff. 1/1/2020.