Haw. Code R. § 17-1427-11

Current through September, 2024

Section 17-1427-11 - Reduction or termination of service

(a) A respite companion shall be terminated from serving when one or more of the following conditions are met:

(1) The respite companion decides to resign;

(2) The respite companion's physical examination result indicates that the companion is not physically or mentally able to fulfill the time or duty requirements of the position;

(3) The respite companion no longer meets the income eligibility requirements as established by the United States Office of Management and Budget;

(4) The respite companion has frequent and unexcused absences;

(5) The respite companion fails to fulfill required duties and responsibilities; or

(6) The respite companion is unable to accept supervision from the respite station or the respite companion service program.

(b) Respite companion services to clients and client families shall be terminated when one or more of the following conditions occur:

(1) Abuse to the respite companion by the client or client family, such as:

(A) Demands for activities that exceed the limitations of the respite companion position; or

(B) Actual physical or verbal abuse; or

(C) Physical or verbal threats to the respite companion by the client or client family.

(2) The assignment is no longer productive or satisfying to the respite companion, client family, or client;

(3) Terms of the care plan are not being followed;

(4) The client demonstrates a diminishing need for respite companion service;

(5) The client develops acute functional or organic difficulties requiring assistance beyond the scope of service provided by the respite companion;

(6) The respite companion leaves the program and a replacement is not available; or

(7) The client is accepted for participation in the department's nursing home without walls program as provided for in chapter 17-1438

(c) Respite companion service to respite stations shall be terminated when one of the following conditions is met:

(1) Terms of the memorandum of understanding are not being fulfilled; or

(2) One or both parties to the memorandum of understanding decide to terminate the agreement, with thirty days written notice to the other party.

(d) A respite companion's participation or respite companion service to clients and client families may be terminated or reduced due to changes in the level of program funding.

Haw. Code R. § 17-1427-11

[Eff JUN 29 1992] (Auth: HRS § 346-56) (Imp: 29 C.F.R. §89.31)