§346-64 Personal care; payment for services. (a) The department shall provide, subject to legislative appropriations, personal care services to medical assistance recipients:
(1) Whose physical disabilities are of a degree that would require placement in an intermediate care facility or skilled nursing facility, if the personal care services were not provided; and
(2) Who have no responsible relative or friend willing to volunteer assistance in the bathing, dressing, and feeding of the recipient, the performance of toilet and personal hygiene functions by the recipient, and other household tasks.
Personal care services provided under this section shall be funded under the medical assistance program. The department shall provide personal care services in compliance with federal laws and rules.
(b) "Personal care services" mean services to assist in bathing, dressing, and feeding; performance of toilet and personal hygiene functions; assistance with medications which are ordinarily self-administered; assistance with mobility and transfer activities; and other household tasks which are related to a medical need.
(c) The payment for personal care services for a recipient during a month shall not exceed sixty-five per cent of the average monthly medical assistance payment for a recipient in an intermediate care facility. The department or its authorized agent shall make a comprehensive assessment of and provide a written plan of care to a recipient receiving personal care services.
(d) The department shall compute the average monthly medical assistance payment for a recipient in an intermediate care facility by rule in accordance with chapter 91.
(e) Nothing in this section shall be construed as limiting the department from providing other services in programs under its jurisdiction to recipients under this section who may be eligible for such services.
(f) The department may adopt rules in accordance with chapter 91 for the purpose of this section. [L 1982, c 157, §2; am L 1985, c 225, §2 and c 272, §10; am L 1988, c 45, §1 and c 209, §§2, 5; am L 1989, c 39, §1; am L 1990, c 145, §1; am L 1991, c 164, §§1, 2; am L 1995, c 117, §1]