Section 208.900

Title XII PUBLIC HEALTH AND WELFARE

Chapter 208

Effective - 28 Aug 2005   

  208.900.  Definitions. — As used in sections 208.900 to 208.927, the following terms mean:

  (1)  "Consumer", a physically disabled person determined by the department to be eligible to receive personal care assistance services.  "Consumer" does not include any individual with a legal limitation of his or her ability to make decisions, including the appointment of a guardian or conservator, or who has an effective power of attorney that authorizes another person to act as the agent or on behalf of the individual for any of the duties required by the consumer-directed program;

  (2)  "Consumer-directed", the hiring, training, supervising, and directing of the personal care attendant by the consumer;

  (3)  "Department", the department of health and senior services;

  (4)  "Live independently", to reside and perform routine tasks in a noninstitutional or unsupervised residential setting;

  (5)  "Personal care assistance services", those routine tasks provided to meet the unmet needs required by the consumer to enable him or her to live independently;

  (6)  "Personal care attendant", a person, other than the consumer's spouse, who performs personal care assistance services for the consumer;

  (7)  "Physically disabled", loss of, or loss of use of, all or part of the neurological, muscular, or skeletal functions of the body to the extent that a person requires the assistance of another person to accomplish routine tasks;

  (8)  "Routine tasks":

  (a)  Bowel and bladder elimination;

  (b)  Dressing and undressing;

  (c)  Moving into and out of bed;

  (d)  Preparation and consumption of food and drink;

  (e)  Bathing and grooming;

  (f)  Use of prostheses, aids, equipment, and other similar devices; or

  (g)  Ambulation, housekeeping, and other functions of daily living;

  (9)  "Unmet needs", those routine tasks which are allowable by the Medicaid state plan but which cannot reasonably be met by the members of the consumer's household or other current support systems;

  (10)  "Vendor", any organization having a written agreement with the department to provide services including monitoring and oversight of the personal care attendant, orientation, and training of the consumer, and fiscal conduit services necessary for delivery of personal care assistance services to consumers.

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(L. 2005 S.B. 539 § 660.661)

(2009) Section excluding from personal care assistance program individuals with a mental disability requiring appointment of a guardian violates federal law.  Bechtel v. State Department of Social Services, 274. S.W.3d 464 (Mo.banc).