{"data":{"id":"us-ky/krs-205.5606","jurisdiction":"us-ky","citation":"KRS 205.5606","heading":"Kentucky Independence  Plus Through Consumer-Directed Services","body":"Program  -- Consumer  participation -- Responsibilities of cabinet and\nfiscal intermediary -- Background  screening -- Regulations.\n(1) The  Cabinet for Health and Family Services shall establish the Kentucky\nIndependence Plus Through Consumer-Directed Services Program that shall\nprovide an option within each of the home  and community-based services\nwaivers. The option within each of the waiver programs shall be based on the\nprinciples of consumer choice and control and that shall be implemented upon\nfederal approval, if required. The program shall allow enrolled persons to assist\nwith the design of their programs and choose their providers of services and to\ndirect the delivery of services to meet their needs.\n(2) The cabinet shall establish interagency cooperative agreements with any state\nagency as needed to implement and administer the program.\n(3) A  person who is enrolled in a Medicaid home  and community-based waiver\nprogram may choose to participate in the consumer-directed services program.\n(4) A  consumer shall be allocated a monthly budget allowance based on the\nresults of his or her assessed functional needs, his or her person-centered\nplan, and the financial resources of the program. The budget allowance shall\nbe disbursed directly from a cabinet-approved fiscal intermediary on behalf of\nthe consumer. The cabinet shall develop purchasing guidelines to assist each\nconsumer  in using the budget allowance to purchase needed, cost-effective\nservices.\n(5) A  consumer shall use the budget allowance to pay for nonresidential and\nnonmedical home  and community-based services and supports that meet the\nconsumer's needs and that constitute a cost-effective use of funds.\n(6) A consumer shall be allowed to choose providers of services, including but not\nlimited to when and how the services are provided. A provider may include a\nperson otherwise known to the consumer, unless prohibited by federal law.\n(7) If the consumer  is the employer of record, the consumer's roles and\nresponsibilities shall include but not be limited to the following:\n(a) Developing a job description;\n(b) Selecting providers and  submitting information for any  required\nbackground screening;\n(c) With  assistance of  the  cabinet or  its agents, developing a\nperson-centered plan and  communicating needs, preferences, and\nexpectations about services being purchased;\n(d) Providing the fiscal intermediary with all information necessary for\nprovider payments and tax requirements; and\n(e) Ending the employment of an unsatisfactory provider.\n(8) If a consumer  is not the employer of record, the consumer's roles and\nresponsibilities shall include but not be limited to the following:\n(a) With  assistance of  the  cabinet or  its agents, developing a\nperson-centered plan and  communicating needs, preferences, and\nexpectations about services being purchased;\n(b) Ending the services of an unsatisfactory provider; and\n(c) Providing the fiscal agent with all information necessary for provider\npayments and tax requirements.\n(9) The roles and responsibilities of the cabinet or its agents shall include but not\nbe limited to the following:\n(a) Assessing  each  consumer's  functional needs,  helping with the\ndevelopment  of a  person-centered plan, and  providing ongoing\nassistance with the plan;\n(b) Offering the services of service advisors who  shall provide training,\ntechnical assistance, and support to the consumer as prescribed through\nan  administrative regulation promulgated by the cabinet in accordance\nwith KRS Chapter 13A;\n(c) Approving fiscal intermediaries; and\n(d) Establishing the minimum  qualifications for all providers and being the\nfinal arbiter of the fitness of any individual to be a provider.\n(10) The  fiscal intermediary's roles and responsibilities shall include but not be\nlimited to the following:\n(a) Providing recordkeeping services, including but not limited to maintaining\nfinancial records  as  required through  administrative regulation\npromulgated in accordance with KRS  Chapter 13A by the Cabinet for\nHealth and Family Services; and\n(b) Retaining the consumer-directed funds, processing employment and tax\ninformation, if any, reviewing records to ensure correctness, writing\npaychecks to providers, and delivering paychecks.\n(11)(a) Each  person who provides services or supports under this section shall\ncomply on an annual basis with any required background screening. A\nperson shall be excluded from employment  upon failure to meet the\nbackground screening requirements unless otherwise exempted through\nan  administrative regulation promulgated by the cabinet in accordance\nwith KRS Chapter 13A.\n(b) The  service advisor shall, as  appropriate, complete  background\nscreening as required by this section.\n(12) For purposes of this section, a person who  has undergone screening, is\nqualified for employment under this section, and has not been unemployed for\nmore  than one hundred eighty (180) days following the screening shall not be\nrequired to be rescreened. Such person must attest under penalty of perjury to\nnot having been convicted of a disqualifying offense since completing the\nscreening.\n(13) To implement this section:\n(a) The  cabinet shall be authorized to promulgate necessary administrative\nregulations in accordance with KRS Chapter 13A; and\n(b) The  cabinet shall take all necessary action to ensure state compliance\nwith federal regulations. The cabinet shall apply for any necessary federal\nwaivers or federal waiver amendments  to implement the program within\nthree (3) months following July 13, 2004, pending availability of funding.\n(14) The cabinet, with consumer input, shall review and assess the implementation\nof the consumer-directed program. The cabinet shall provide a report that\nincludes the review of the program and recommendations for improvements to\nthe program upon request.","path":["KRS Chapter 205"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46322","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:03Z","sha256":"71293626bb6a30114d094d1df6a8b22532edc7851b9e2a1fb0ed9827c1959015","source_id":"us-ky","stale":false,"prev":"us-ky/krs-205.5605","next":"us-ky/krs-205.5607"},"notice":"GroundRules: Original legal text. Not legal advice."}