Section 1240-08-10-.03 - PURPOSE AND SCOPE(1) These rules describe policies and procedures for providing participant-directed Personal Care Assistance (PCA) services to eligible individuals through the Division's state-funding program. The Program provides participant-directed PCA services to significantly disabled persons to enable them to enter or maintain remunerative employment. The Program is designed for individuals who are employed or are ready for employment (i.e., have a legitimate job offer), but who need Personal Care Assistance in order to be successful in their employment efforts. An individual must be determined to need PCA services for not less than fourteen (14) hours per week. PCA services subsidy is limited to forty (40) hours per week.(2) PCA Subsidies.(a) The PCA program provides subsidies to eligible individuals who are in financial need, contingent upon the availability of funds. Eligible individuals are accepted into the Program so long as funds are available.(b) When funds are exhausted, applications will continue to be taken, PCA evaluations performed, and the applications forwarded to the DRS State Office.(c) A waiting list of eligible individuals will be established and maintained by a DRS staff member. Eligible individuals will be placed on the PCA program waiting list in order of the date and time their application was received. As funds become available, eligible individuals will receive services in the order they appear on the waiting list. Any individual who is not working or is otherwise ineligible or unable to participate in the PCA program must be removed from the waiting list. If he/she becomes eligible later, this individual must reapply and his/her name will be placed at the bottom of the waiting list based on date of re-application.(3) If funds are not adequate to provide a full subsidy, a partial subsidy may be provided to the extent of available funds, except as prohibited by Rule 1240-08-10-.12. An individual receiving a partial subsidy will be the first individual on the waiting list to receive full funding when it becomes available.Tenn. Comp. R. & Regs. 1240-08-10-.03
Original rule filed December 9, 1986; effective March 31, 1987. Amendment filed December 5, 2003; effective April 29, 2004. Repeal and new rule filed June 30, 2009; effective September 13, 2009.Authority: T.C.A. §§ 4-5-202;71-1-105(12); 71-4-1201 et seq.