HEALTH AND SAFETY
CHAPTER 56
PERSONAL ASSISTANCE SERVICES
39-5606. Payment to be made to provider. Within the appropriations provided by law, and as authorized by rule, the department shall reimburse the provider for personal assistance services received by the participant. To qualify for reimbursement, personal assistance services must be delivered in accordance with the participant's individual service plan and all federal requirements.
The department will establish annually uniform reimbursement rates for personal assistance agencies. This rate will be based on the prevailing hourly rate paid for comparable positions in the state for nursing home and intermediate care facility for the mentally retarded (ICF/MR) industry employees. [Personal assistance agencies and fiscal intermediary agencies] For state fiscal year 2011, this rate will only be adjusted if the prevailing hourly rate for comparable positions is less than the rate paid during state fiscal year 2010. The department will establish annually uniform reimbursement rates for the PCS family alternate care providers according to methodology described in agency rule.
The director shall promulgate and adopt such necessary rules to implement the requirements of this section.