Subsection 144-101-II-12.02 - DEFINITIONS12.02-1Activities of Daily Living (ADLs): For the purpose of determining eligibility, ADLs include only the following: (i)Bed Mobility: How a member moves to and from lying position, turns side to side, and positions body while in bed;(ii)Transfer: How a member moves between surfaces to/from: bed, wheelchair, standing position (excluding to/from bath/toilet);(iii)Locomotion: How a member moves between locations, in room and other areas. If in wheelchair, self-sufficiency once in chair;(iv)Eating: How a member eats and drinks (regardless of skill);(v)Toilet Use: How a member uses the toilet room (or commode, bedpan, urinal), transfers on/off toilet, cleanses, changes pad, manages ostomy or catheter, adjusts clothes;(vi)Bathing: How a member takes full-body bath/shower, sponge bath and transfers in/out of tub/shower (exclude washing of back and hair); and(vii)Dressing: How a member puts on, fastens, and takes off all items of street clothing, including donning/removing prosthesis.12.02-2Assessing Services Agency (ASA) is the contractor selected by the Department of Health and Human Services (DHHS or the Department) to conduct face-to-face assessments and reassessments of consumer eligibility, using the DHHS' Medical Eligibility Determination (MED) form, and the timeframes and definitions within it, to determine medical eligibility for covered services. Based upon a member's assessment outcome scores recorded in the MED form, the ASA is responsible for developing a plan of care that shall specify the covered services and number of hours for services under this Section.12.02-3Assisted Living Services means the provision of assisted housing services, assisted housing services with the addition of medication administration, or assisted housing services with the addition of medication administration and nursing services; or supported living arrangement certified by DHHS Adult Mental Health Services. Assisted Living Services are provided by an assisted housing program, either directly by the provider or indirectly through contracts with persons, entities, or agencies.12.02-4Attendant is an individual who meets the qualifications outlined by the member and Provider Agency. The attendant must be certified by the member pursuant to Section 12.08-2(C) and, under the direction of the member, must competently assist in the fulfillment of the personal assistance service needs identified in the member's authorized plan of care.12.02-5Authorized Plan of Care is a plan that is determined by the ASA or the Department, and that specifies all services to be delivered to a member as allowed under this Section, including the number of hours for any MaineCare covered services under this Section. The authorized plan of care must be based upon the member's assessment outcome scores recorded in the Department's Medical Eligibility Determination (MED) form, its definitions, and the time frames on the MED form. The authorized plan of care must be completed on the Department-approved form and must not exceed services required to provide necessary assistance with activities of daily living, instrumental activities of daily living (IADL) items, and identified health maintenance activities in the MED form. All authorized, covered services provided under this Section must be listed in the care plan summary on the MED form. The authorized plan of care must reflect the needs identified by the assessment, giving consideration to the member's living arrangement, informal supports, and services provided by other public or private funding sources to insure non-duplication of services, including Medicare and MaineCare hospice services. If the member receives attendant services under this Section and he/she also receives hospice services, then the provider's responsibility is to inform the hospice provider that attendant services are being provided and the number of hours must be identified as a need on the hospice plan of care.12.02-6Care Coordination Services are those covered services provided by a care coordinator who is employed, or contracted, by the Service Coordination Agency to help the Member access the services in the plan of care as authorized by the Department or its Authorized Entity. The purpose of care coordination services is to assist Members in receiving appropriate, effective and efficient services, which allow them to retain or achieve the maximum amount of independence possible and desired. Care Coordination Services are designed to assist the Member with identifying immediate and long-term needs, so that the Member is offered choices in service delivery based on his/her needs, preferences, and goals. Care Coordination Services assist with locating service providers, overseeing the appropriateness of the plan of care by regularly obtaining Member feedback, and monitoring the Member's health status.12.02-7Consumer-Directed Attendant Services, also known as personal care attendant (PCA) services, or attendant services, enable eligible members with disabilities to re-enter or remain in the community and to maximize their independent living opportunity at home. Consumer-Directed Attendant Services include assistance with activities of daily living, instrumental activities of daily living, and health maintenance activities. The eligible member hires his/her own attendant, trains the attendant, supervises the provision of covered services, completes the necessary written documentation, and if necessary, terminates services of the attendant. Personal Care Services cannot be provided by a member of the recipient's family. The Department of Health and Human Services or the ASA, consistent with these rules, shall determine medical eligibility for services under this Section, determine all covered services, and provide a plan of care for each new member prior to the start of services as well as all established members.12.02-8Covered Services are those services for which payment may be made by the Department under these rules pursuant to Title XIX and XXI.12.02-9Extensive Assistance means although the individual performed part of the activity over the last seven (7) days, or twenty-four (24) to forty-eight (48) hours if in a hospital setting, help of the following type(s) was provided: - Weight-bearing support three (3) or more times, or
- Full staff performance during part (but not all) of the last seven (7) days
12.02-10Family Member is a spouse of the member, the parents or stepparents of a minor child, or a legally responsible relative.12.02-11Fiscal Intermediary (FI) is an organization that provides administrative and payroll services on behalf of members directing their own personal care services. FI services include, but are not limited to preparing payroll and withholding taxes, making payments to suppliers of goods and services and ensuring compliance with State and Federal tax and labor regulations and the requirements under this Section. The Fiscal Intermediary Entity has an established contract with the Department, but is an agent of the Member not the Department, and does not provide a billable service under this Section. The use of a FI by the Member is required for the Member to receive covered services under this Section.12.02-12Health Maintenance Activities are activities designed to assist the member with activities of daily living and instrumental activities of daily living, and additional activities specified in this definition. These activities are performed by a designated caregiver for a competent self-directing member who would otherwise perform the activities, if he or she were physically able to do so and enable the member to live in his or her home and community. These additional activities include, but are not limited to, catheterization, ostomy care, preparation of food and tube feedings, bowel treatments, administration of medications, care of skin with damaged integrity, occupational and physical therapy activities such as assistance with prescribed exercise regimes.12.02-13Limited Assistance is a term used to describe an individual's self-care performance in activities of daily living, as determined by the Department's approved assessment process. It means, although the individual was highly involved in the activity over the last seven (7) days, or twenty-four (24) to forty-eight (48) hours if in a hospital setting, help of the following type(s) was required and provided: - Guided maneuvering of limbs or other non-weight-bearing assistance three (3) or more times, or
- Guided maneuvering of limbs or other non-weight bearing assistance three (3) or more times plus weight-bearing support one or two times.
12.02-14MeCare is a computerized long-term care medical eligibility system facilitating the entire medical assessment process, from intake through information dissemination.12.02-15"Medical Eligibility Determination Form" (MED) means the form, approved by the Department, for medical eligibility determinations and service authorization for the authorized plan of care based upon assessment outcome scores. The definitions, scoring mechanisms and time-frames relating to this form are contained therein and provide the basis for services and the plan of care authorized by the ASA. The care plan summary, contained in the MED form, documents the authorized plan of care and to avoid duplication, services provided by other possible public or private program funding sources. It also includes service category, reason codes, duration, unit code, number of units per month, rate per unit, and total cost per month.12.02-16Medical Eligibility Determination Packet includes a signed release of information, the completed medical eligibility determination form, the eligibility notification, hearing and appeal rights, MECARE-generated care plan that explains benefits of the authorized care plan to the member, transmittal, and contact notes. The service plan and the transmittal must be submitted to the Department by the Service Coordination Agency once skills' training has been completed and the member has hired a personal attendant. Service plans and transmittals that do not meet Department specifications and relevant policy will be returned to the Service Coordination Agency by the Department.12.02-17One-person Physical Assist requires one (1) person to provide either weight-bearing or non-weight-bearing assistance for an individual who cannot perform the activity independently over the last seven (7) days, or twenty-four (24) to forty-eight (48) hours if in a hospital setting. This does not include cueing.12.02-18Qualified or Eligible Member, is eighteen years or older with a disability who has functional impairments that interfere with self-care and activities of daily living and meets the medical eligibility criteria in Section 12.03. The member must have the cognitive capacity, as measured on the Medical Eligibility Determination form, to competently direct and manage the attendant on the job to assist and/or perform the self-care and daily ADLS, IADLS, and health maintenance activities. The member must be determined eligible for services under this Section.12.02-19Service Coordination Agency is an organization that has the capacity to provide Care Coordination and Skills Training to eligible Members under this Section, and has met the MaineCare provider enrollment requirements of the Department. In addition to Care Coordination and Skills Training, the Service Coordination Agency is responsible for administrative functions, including but not limited to, maintaining Member records, submitting claims, conducting internal utilization and quality assurance activities, and meeting the reporting requirements of the Department. The Service Coordination Agency must coordinate with the Department's contracted Fiscal Intermediary that will be handling attendant payroll. The Service Coordination Agency providing care coordination services may not be a provider of direct care services.12.02-20Self-Direct means the member has management responsibility and directs the provision of attendant services. Specifically, the member hires, discharges, trains, schedules and supervises his/her attendant(s). The member's ability to self-direct must be documented on the Medical Eligibility Determination Form as defined in this Section.12.02-21Service Plan is the document used by the Service Coordination Agency to assist the member to direct his or her attendant to provide services as specified on the authorized plan of care. The service plan must outline the ADL, IADL, and health maintenance activities, the time authorized to complete the tasks, and the frequency of the tasks that will be the basis for the attendant's job description and weekly schedule. The service plan must reflect the total authorized hours available each week for the member to manage and direct the attendant. The hours must not exceed the hours authorized on the MED form care plan summary and must include only the covered services from Section 12.05. The service plan must not be completed until the MED form is completed, medical eligibility is determined, and the hours of care are authorized by the ASA as allowed under this Section.12.02-22Significant Change means a major change in the member's status that is not self-limiting, affects more than one (1) area of functional or health status, and requires a multi-disciplinary review or revision of the authorized plan of care. A significant change assessment is appropriate if there is a consistent pattern of change, with either two (2) or more areas of improvement or decline that affect member needs.12.02-23Skills Training is a service that provides Members with the information and skills to assist them in carrying out their responsibilities when choosing this self-directed option. All members receiving services under this section are required to receive this service.12.02-24Total Dependence means full staff performance of the activity during the entire last seven (7) day period across all shifts because of the member's complete inability to participate in all aspects of the Activities of Daily Living (ADLs). C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-12, subsec. 144-101-II-12.02