1. (1) Self-directed Personal Assistance Services (PAS) providers must employ program oversight staff to perform the following self-directed oversight activities:

   1. (a) assist members to identify resources for personal assistants;
   2. (b) advise the member regarding program requirements;
   3. (c) complete compliance documentation and follow-up if the member does not comply with program requirements; and
   4. (d) provide documentation to ensure that the personal representative meets the participation criteria described in ARM 37.40.1117.
2. (2) Self-directed PAS providers must maintain staff resources, including a program oversight staff and person-centered plan facilitator, to perform the necessary PAS duties as referenced in ARM 37.40.1114. The program oversight staff and person-centered plan facilitator may be the same person.

3. (3) Self-directed program oversight staff must meet the following criteria:

   1. (a) have at least one year's experience in aging and disability services;
   2. (b) receive training in PAS; and
   3. (c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1125.

4. (4) Self-directed plan facilitators must meet the following criteria:

   1. (a) have at least one year's experience in aging and disability services;
   2. (b) receive certification in the person-centered planning process; and
   3. (c) be free of conflict-of-interest criteria as referenced in ARM 37.40.1125.
5. (5) The PAS provider agency must provide documentation to verify program oversight staff and plan facilitator credentials, certification, and training.
6. (6) Self-directed PAS provider agencies must act as the employer of record for direct-care workers for the purposes of payroll and federal hiring practices.

Authorizing statute(s): 53-2-201, 53-6-101, MCA

Implementing statute(s): 53-2-201, 53-6-113, MCA

History: NEW, 2014 MAR p. 3086, Eff. 12/25/14; AMD, 2024 MAR p. 332, Eff. 2/24/24.