23 MAC Pt. 208, R. 2.3
Provider Enrollment
Cite as 23 Miss. Admin. Code Pt. 208, R. 2.3
Provider Enrollment
A. The Mississippi Department of Rehabilitation Services (MDRS), as the provider of
Independent Living (IL) Waiver services, must satisfy all requirements set forth in Title 23
Miss. Admin. Code Part 200, Chapter 4.
B. To participate as a Home and Community-Based Services (HCBS) IL Waiver provider,
MDRS must:
1. Conduct a national criminal background check with fingerprints on case managers,
nurses, and direct care workers (DCW) that provide personal care and transition services
prior to employment and every two (2) years thereafter and maintain the record in the
employee’s personnel file;
2. Conduct registry checks, prior to employment and monthly thereafter, to ensure
individuals providing case management and personal care services or transition services
are not listed on the Mississippi Nurse Aide Abuse Registry or listed on the Office of
Inspector General's Exclusion Database and maintain the record in the employee’s
personnel file. The provider must not employ individuals whose name appears on either
the registry or the database;
3. Not have employed or currently employ individuals or volunteers who have been
convicted of, pleaded guilty to, or pleaded nolo contendere to a felony of possession or
sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense
listed in Miss. Code Ann. § 45-33-23(f), child abuse, arson, grand larceny, burglary,
gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable
adult, or any other crime of violence. Any conviction or plea which was reversed on
appeal or for which a pardon was granted shall not be considered;
4. Have written criteria for service provision, including procedures for dealing with
emergency service requests;
5. Be compliant with all federal and state regulations; and6.
Have responsible personnel
management including:
a) Appropriate processes used in the recruitment, selection, retention, and termination of
employees;
b) Maintain current written personnel policies and job descriptions;
c) Maintain a current training plan as a component of the policies/procedures
documenting the method for the completion of required training. The training plan
must require all employees to meet training requirements as designated by the
Division of Medicaid upon hire, and annually thereafter; and
d) Maintain a current personnel file on every employee and volunteer with the following
required information including, but not limited to, credentialing documentation,
training records, and performance reviews which must be made available to the
Division of Medicaid upon request.
C. MDRS must ensure that all employees and contracted entities meet the service specific
requirements below prior to the provision of services:
1. Case Management must be provided by Registered Nurses (RN) and Case Managers who
must meet the following qualifications:
a) The Registered Nurse must:
1) Have a current and active unencumbered RN license to practice in the state of
Mississippi or be working in Mississippi on a privilege with a valid compact RN
license; and
2) Have at least one (1) year of experience with the aged and/or individuals with
disabilities.
b) The Case Manager must:
1) Possess at a minimum a bachelor’s degree in Rehabilitation Counseling or other
related field; and
2) Have one (1) year of experience working with the aged and/or individuals with
disabilities.
c) Mississippi Department of Rehabilitation Services (MDRS) is responsible for
validating qualifications of the Registered Nurse and Rehabilitation Case Manager.
d) MDRS must subscribe with the Mississippi Board of Nursing to receive immediate
electronic notification of adverse or disciplinary action taken against any nurse
providing services under the IL waiver.
e) MDRS must verify provider qualifications upon hire and at least annually and
maintain documentation of that verification in the employee file.
2. Personal care Services must be provided by a DCW who must meet the following
qualifications:
a) Be chosen by the beneficiary/representative as someone with whom they are
comfortable providing their personal care or chosen from a list of available,
eligible/qualified DCW;
b) Must meet basic competencies that include both educational and functional
requirements;
c) Be certified by MDRS Case Managers which includes documentation that the DCW
meets the requirements;
d) Must have completed training/instruction that covers the purpose, functions, and tasks
associated with providing personal care services for the beneficiary.
1) The educational program must be personalized with participation of the
beneficiary to ensure his/her specific needs are met.
2) The cost of training/instruction time for DCWs cannot be reimbursed by the
Division under the waiver.
3) The individual must demonstrate competency in performing each activity of daily
living task to the beneficiary/representative and Case Manager prior to rendering
any IL waiver service.
4) In addition to the technical skills required, the DCW must demonstrate the ability
to comprehend and comply with basic written and verbal instructions at a level
determined by the beneficiary/representative and Case Manager to be adequate in
fulfilling the responsibilities of personal care.
(a) DCW training must be conducted by the Case Manager, or an agency
permitted by law to train nurse aides, must be tailored to the personal care
required for the person, and must include:
(1)
The purpose and philosophy of self-directed services by the disabled;
(2)
Disability awareness;
(3)
Employee-employer relationships;
(4)
The need for respect for the beneficiary’s privacy and property;
(5)
Basic elements of body functions;
(6)
Infection control procedures;
(7)
Maintaining a clean and safe environment;
(8)
Appropriate and safe techniques in personal hygiene and grooming to
include bed, sponge, tub, or shower bath, hair care, nail and skin care,
oral hygiene, dressing, bladder and bowel routine, transfers, and
equipment use and maintenance; and
(9)
Meal preparation and menus that provide a balanced, nutritional diet.
e) A prospective DCW who has satisfactorily completed a nurse aide training program
for a hospital, nursing facility, or home health agency or who was continuously
employed for twelve (12) months during the last three (3) years as a nurse aide,
orderly, nursing assistant or an equivalent position by one of the above medical
facilities is deemed to meet the classroom training requirements. Competency
certification for these personal care providers by the beneficiary/representative and
Case Manager is required. A DCW that has satisfactorily provided personal care
services to the beneficiary for four (4) weeks prior to coverage under the IL waiver
program, with such service certified by and verified by the beneficiary/representative
and Case Manager, is deemed meeting the training requirement.
f) Waiver services provided by legal guardians or legal representatives, including but
not limited to, spouses, parents/stepparents of minor children, conservators,
guardians, individuals who hold the beneficiary's power of attorney or those
designated as the beneficiary's representative payee for Social Security benefits
cannot be reimbursed by the Division of Medicaid under the waiver. For the purposes
of this requirement, relatives are defined as any individual related by blood or
marriage to the beneficiary. Waiver services provided by non-legally responsible
relatives may be reimbursed by the Division under the waiver when the following
criteria are met:
1) There is documentation that there are no other willing/qualified providers
available for selection;
2) The selected relative is qualified to provide services as specified in the Appendix
C-1/C-3 of the IL Waiver;
3) The beneficiary or another designated representative is available to sign verifying
that services were rendered by the selected relative;
4) The selected relative agrees to render services in accordance with the scope,
limitations, and professional requirements of the service during their designated
hours; and
5) The service provided is not a function that a relative or housemate was providing
for the beneficiary without payment prior to waiver enrollment.
g) The Division of Medicaid and/or the Department of Rehabilitation reserves the right
to remove a selected relative from the provision of services at any time if there is a
reasonable suspicion, or substantiation, of abuse/neglect/exploitation/fraud or if it is
determined that the services are not being professionally rendered in accordance with
the approved Plan of Services and Supports (PSS). If the state removes a selected
relative from the provision of services, the IL Waiver beneficiary will be asked to
select an alternate qualified provider.
h) The direct care worker must meet the following requirements:
1) Be at least eighteen (18) years of age;
2) Be a high school graduate, have a General Educational Development (GED)
certificate, or must demonstrate the ability to read the written personal care
services assignment and write adequately to complete required forms and reports
of visits;
3) Be able to follow verbal and written instructions;
4) Have no physical/mental impairment to prevent lifting, transferring, or providing
any other assistance to IL Waiver beneficiary;
5) Be certified as meeting the training and competence requirement by the IL Waiver
beneficiary and the Case Manager; and
6) Be able to communicate effectively and carry out directions.
i) MDRS must verify the competency for all DCWs as needed.
3. Specialized Medical Equipment and Supplies must be provided by entities who meet the
following qualifications:
a) Have a permanent local address and phone number;
b) Have a State of Mississippi sales tax number;
c) Have Federal identification number or social security number;
d) Have liability insurance;
e) Must honor the manufacturer's guarantee or warranty as published;
f) Must provide repair capability for products; and
g) Must meet the following additional standards if providing custom in-house seating
systems, powered mobility, three-wheel scooters, and high-tech systems:
1) Must provide documented proof of attendance of training with seating and
positioning;
2) Maintain a current list of power chair manufacturers represented;
3) Have on staff a technician certified as being trained to repair each power chair
manufacturer represented, if offered by the manufacturer;
4) Maintain basic inventory of electronic parts to repair power chairs of
manufacturers represented or demonstrate the capability to repair motors,
modules, joysticks, and parts to repair the above;
5) Must be able to deliver and assemble all equipment to be ready for final
adjustment and fitting;
6) Must have and present at purchase all necessary manuals and written warranties;
7) Must be able to provide instruction in proper use and care of equipment;
8) Must be capable of providing training in safe and effective operation of the
equipment, as well as maintenance schedule as a component part of the purchase
price; and
9) Must have available a list of key contact personnel at various manufacturers for
immediate technical support or special handling of specific needs including
complete parts, manuals, and accessory catalogs along with updates and current
technical service bulletins.
4. Transition Assistance services must be provided by a Registered Nurse and/or Case
Manager.
5. Environmental Accessibility Adaptation services must be provided by entities who meet
the following:
a) Meet all state or local requirements for licensure/certification including, but not
limited to, building contractors, plumbers, electricians, or engineers;
b) Provide services in accordance with applicable state housing and local building
codes;
c) Ensure the quality of work provided meets standards identified below:
1) All work must be done in a fashion that exhibits good craftsmanship;
2) All materials, equipment, and supplies must be installed clean, and in accordance
with manufacturer's instructions;
3) The contractor must obtain all permits required by local governmental bodies;
4) All non-salvaged supplies and/or materials must be new and of best quality,
without defects;
5) The contractor must remove all excess materials and trash, leaving the site clear
of debris at completion of the project;
6) All work must be accomplished in compliance with applicable codes, ordinances,
regulations, and laws;
7) The specifications and drawings cannot be modified without a written change
order from the case manager; and
8) No accessibility barriers can be created by the modification and/or construction
process;