(a) General requirements:
- (1) Ensure that individuals who request or are referred for client representation services are assessed for eligibility and that findings are documented;
(2)
- (A) Provide or arrange for mandatory ten (10) hours per year of training for all staff providing client representation services.
- (B) Document training in staff records as to duration, content, and subject matter.
- (C) Training will include at a minimum:
(i) Techniques to improve ability to advocate;
(ii) Evaluation and interviewing techniques;
(iii) Recordkeeping procedures;
- (iv) Updates on available benefits; and
- (v) Group discussions of common problems;
- (3) Maintain personnel records as required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(4) Require providers of client representation services to abide by a code of ethics which requires that they will:
(i) Treat all clients with respect and consideration at all times;
- (ii) Maximize the quality of life of clients by assisting them to be as independent as possible;
- (iii) Consider the input of clients and their preferences;
- (iv) Ensure confidential treatment of all records and any other information the client provides;
- (v) Not make personal use of client’s possessions, such as automobile or telephone, nor consume their food or drink;
- (vi) Not discuss their personal problems, religious convictions, or political beliefs with the client;
- (vii) Not accept gifts or tips from the client or family members;
- (viii) Not consume alcoholic beverages or take medicine or drugs, except for treatment of a medical problem, while in the client’s home or prior to delivery of services; and
- (ix) Not bring friends or relatives into the client’s home while providing assistance.
(b) Process:
(1)
- (A) Gather intake information and record it on the Client Intake Form.
- (B) All applicable items must be completed.
- (2) Evaluate intake information and the client’s problem and determine the probable extent of assistance needed.
- (3) Where necessary, obtain written permission from the client to act on his or her behalf.
(4)
(A) Represent clients who need assistance obtaining services or benefits:
- (i) Act on behalf of the client to resolve the problem or obtain the necessary benefit;
- (ii) Locate, coordinate, and monitor services and client to ensure that appropriate services are being provided and that client’s needs are being met;
- (iii) If necessary, refer client for legal assistance that might be needed initially or in the future;
- (iv) Conduct outreach, provide information on, and determine eligibility for public benefits such as QMB and SLMB that client has not yet received;
- (v) Assist client in completion of applications and paperwork;
- (vi) Attend meetings on behalf of client; and
- (vii) Provide information and assistance.
- (B) Travel and waiting time are also included.
(C)
- (i) Record in case file the specific problems, actions taken and why, and client contact notes which include periodic assessment of client status if necessary, and if the client’s client representation case file has not been closed.
- (ii) Each area agency on aging will identify “periodic”, as referenced in subdivision (b)(4)(C)(i) of this section, for their own agency.
- (5) Refer for targeted case management all clients who are eligible to receive that service.
(6) Record all client representation services as one (1) unit equals one (1) client per annual reporting period.
- (c) Quality assurance.
(1)
- (A) Evaluation and quality assurance should not be thought of as external to the operation of client representation activities; it should be part of all stages of operation so that effective means of generating useful information will be in place.
(B) This information can be used to:
- (i) Meet funding requirements;
- (ii) Document need for future funding; and
- (iii) Improve, coordinate, or expand services in a particular direction.
(2) Client representation services shall be monitored to ensure that:
- (A) Required documents are in the clients’ files;
- (B) All complaints regarding client representation are documented and investigated; and
(C)
- (i) All clients are informed at the onset of services of the procedure for receiving, reviewing, and resolving client complaints.
- (ii) This will be the procedure established in accordance with division assurances.
Codification Notes: “QMB” means Qualified Medicare Beneficiary. "SLMB" means Specified Low-income Medicare Beneficiary.