HCBS Provider Consumer Right’s Policy

 The consumer is entitled to:

  1. Be a part of the service planning process and receive services based on identified needs with accommodated preferences, unless the safety and health of the care provider is at risk. These needs and preferences will be reviewed in ISP meetings. The provider and direct care worker will both be informed on these needs.
  2. Receive a 10-day advance notice from the provider if services are to be terminated. The notice must be in written format. If the notice is under 10 days in advance, it is because the safety and health of the care provider is at risk, the consumer has failed to pay for services, or the consumer is more than 14 days in arrears.
  3. No individual that is a part of the agency may assume power of attorney or guardianship over a consumer that utilizes the agency’s services. The agency may not require a consumer to endorse checks over to the agency.
  4. Before services begin, the agency is required to provide the consumer and/or the consumer’s legal representative or family member an informational packet that contains the following information:
    1. A listing of the available services that will be provided and identify the name of the direct care worker that will be providing the services.
    2. The hours when the services will be provided.
    3. Fees and total costs for the services provided on an hourly or weekly basis.
    4. Contact information to ensure the agency’s licensure.
    5. The Department of Health complaint hotline: 1-866-826-3644.
    6. The hiring process for direct care workers.
    7. A disclosure of the independent contractor’s status of the direct care worker providing services for the consumer.
  5. Be assured that the agency will hold all relevant documentation on file in compliance with this policy.