§ 6321. Attendant care services

(a) As used in this section:

(1) "Attendant care services" means one or more of the following types of care or service provided for compensation: assistance with personal care, including dressing, bathing, shaving, and grooming, and assistance with eating, meal preparation, and ambulation. Recipients of attendant care services shall have the opportunity to hire, train, and terminate the employment of attendants as necessary, establish work schedules, manage the services, and oversee payments of attendants and recordkeeping.

(2) "Group-directed attendant care" means attendant care services provided by one or more attendants to a group of unrelated individuals who reside in the same residence.

(3) "Personal services" means attendant care services provided to a Medicaid eligible individual who is an elder or has a disability in his or her home, which are necessary to avoid institutionalization.

(4) "Participant-directed attendant care" means attendant care services for an individual who has a permanent and severe disability who requires service in at least two activities of daily living in order to live independently.

(b) The Department shall establish an Attendant Care Services Program to assist eligible individuals to gain or retain their independence. The Attendant Care Services Program shall include a Participant-Directed Attendant Care Program, a Group-Directed Attendant Care Program, and a personal services program.

(c) Information received or compiled by the Department with respect to individuals using attendant care services shall be confidential.

(d) The Commissioner shall adopt rules to implement the provisions of this section, including eligibility criteria for the programs, criteria for determining service needs, rules relating to control and oversight of services by beneficiaries of a program, and procedures for handling and maintaining confidential information. Prior to filing a proposed rule, the Commissioner shall seek input from individuals with disabilities, elders, and organizations which represent such individuals.

(e) Grievances brought under this section shall be heard by the Human Services Board.

(f) Workers who provide attendant care, as defined in program rules of the Department of Disabilities, Aging, and Independent Living, personal care, companion care, respite care, or support services to persons who receive financial assistance from the Agency of Human Services through its departments and offices, and whose payroll service is provided directly by the State or by an intermediary payroll service organization acting under the authority of the State are exempt from 21 V.S.A. § 342 and shall not be construed as State employees except for purposes of 21 V.S.A. chapters 9 and 17.

(g) The State may provide workers' compensation coverage to workers who provide attendant care, personal care, companion care, respite care, or support services to persons who receive financial assistance from the Agency of Human Services through programs administered by its departments and offices, and whose payroll service is provided directly by the State or by an intermediary payroll service organization acting under the authority of the State. The State or its intermediary payroll service organization shall be considered a single entity for purposes of purchasing a single workers' compensation insurance policy providing coverage for such workers.

(h) Subsections (f) and (g) of this section are intended to permit the State to provide workers' compensation and unemployment compensation and shall not be considered for any other purposes. (Added 1989, No. 75, § 1; amended 2003, No. 122 (Adj. Sess.), § 147; 2005, No. 174 (Adj. Sess.), § 123; 2007, No. 192 (Adj. Sess.), § 6.019.1; 2013, No. 96 (Adj. Sess.), § 214.)