208.900. Definitions. - Missouri Statutes

Definitions.

208.900. As used in sections 208.900 to 208.927, the following termsmean:

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

(2) "Consumer-directed", the hiring, training, supervising, anddirecting 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 anoninstitutional or unsupervised residential setting;

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

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

(7) "Physically disabled", loss of, or loss of use of, all or part ofthe neurological, muscular, or skeletal functions of the body to the extentthat a person requires the assistance of another person to accomplishroutine 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 theMedicaid state plan but which cannot reasonably be met by the members ofthe consumer's household or other current support systems;

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

(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).