24 Miss. Code. R. 2-47.2

Current through October 10, 2024
Rule 24-2-47.2 - Family Members as Providers of Home and Community Supports
A. The following types of family members are excluded from being providers of Home and Community Supports:
1. Anyone who lives in the same home with the person, regardless of relationship.
2. Parents/step-parents, spouse or children of the person receiving the services.
3. Those who are normally expected to provide care for the person receiving the services.
B. Providers employing a family member to serve as a Home and Community Supports employee, regardless of relationship or qualifications, must maintain the following documentation in each employee's personnel record in addition to the requirements in Rule 11.2 and Chapter 12.
1. Proof of address for the family member seeking to provide services. Proof of address is considered to be a copy of a lease, rental agreement, or utility bill that includes that person's name. If required documentation cannot be obtained, the family member seeking to provide services must provide a signed and notarized affidavit that includes his/her current address.
2. Evidence the person's ID/DD Waiver Support Coordinator has been notified the agency provider is seeking approval of a family member to provide Home and Community Supports.
C. Family members employed as an employee to provide Home and Community Supports must meet the qualifications and training requirements outlined in Part 2: Chapters 11 and 12.
D. Family members providing Home and Community Supports will only be authorized to provide a maximum of one-hundred seventy-two (172) hours per month (40 hours per week).
E. Providers must conduct drop-in, unannounced quality assurance visits during the time the approved family member is providing services. These visits must occur at least two (2) times per year. Documentation of these visits must be maintained in the employee's personnel record. Documentation must include:
1. Observation of the family member's interactions with the person receiving services;
2. Review of Plan of Services and Supports and Service Notes to determine if outcomes are being met; and,
3. Review of utilization to determine if contents of Service Notes support the amount of service provided.

24 Miss. Code. R. 2-47.2

Section 41-4-7 of the Mississippi Code, 1972, as Amended
Amended 7/1/2016
Amended 9/1/2020