Respite Care Service 525-05-30-55
        (Revised 05/01/23 ML #3730)
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        Purpose
        Respite care is care to an eligible 
 individual for a specified period of time for the purpose of providing 
 temporary relief to the individual's primary (live-in) caregiver from 
 the stresses and demands associated with constant care or emergencies. 
  This care 
 is provided when there is a need for a specially trained caregiver.  Respite 
 care may be provided in the individual's home, or outside the individual's home 
 in either a Respite Care Provider's home or an enrolled Qualified Service 
 Provider of Institutional Respite Care.
        
         
        Service 
 Eligibility, Criteria for
        The individual receiving respite care service will meet the following 
 criteria:
        
            - Must be eligible for Medicaid 
 Waiver for Home and Community Services, SPED, or ExSPED.
- The individual has a full 
 time (live-in) primary caregiver OR the individual is a child under 22 
 years of age who is attending school AND the primary caregiver is responsible 
 for providing full time care when the individual is not in school.  
- The relief is not for the 
 primary caregiver's employment or enrollment/attendance of an educational 
 program.
- Children three (3) months 
 of age and under would be eligible only for SPED Respite Care for apnea 
 monitoring.  See 
 Limits section for infants over three months of age. 
  
- Individuals enrolled in a Hospice 
 program are not eligible for institutional Respite Care but would be eligible 
 for in-home intermittent Respite Care.
- For an individual whose full-time primary caregiver does not live with him/her but provides frequent on-site visits throughout the day which is essential to allow the individual to live independently, contact the HCBS Program Administrator for prior approval for Respite Care.
- The individual needs a qualified 
 caregiver, or it would be inappropriate to use an unqualified caregiver 
 in the absence of the primary caregiver.- If laundry and/or housekeeping 
 are the only service need, Respite Care authorization is unallowable.
 
            - The primary caregivers 
 need for relief is intermittent or occasional.
- If the prospective respite 
 care provider lives with the individual, contact the HCBS Program Administrator 
 for prior approval.
- An individual who is a resident of an Adult Foster Care home may choose their respite provider and is not required to use a relative of the Adult Foster Care provider for respite.
Service Location
        
        Services will be administered in the most integrated setting consistent with the Person Centered Plan of Care, including (checked if allowable):
        ü The individual's home
        ü Respite Care provider's home
        □ Other community service settings
         
        Information 
 Provided to the Respite Care QSP:
        Case Management documentation should verify that the individual or legally 
 responsible party are responsible to inform the Respite Care provider 
 of the following:
        
            - The Respite Care QSP shall 
 be informed about the individual's daily routine. This may include strengths 
 and weaknesses of the individual, what the individual enjoys doing, unique instructions 
 for specific activities, or special assistance requirements.
- The primary caregiver will 
 explain in writing situation(s) which may result in an emergency. The 
 written information should clarify what might happen, the appropriate 
 response, and who the Respite Care QSP should contact for assistance. 
  
- The primary caregiver shall 
 identify to the Respite Care QSP the location of a first aid kit in the 
 home, the location of the fuse box and spare fuses, the fire exit plan 
 for the home and explain special instructions/restrictions on the operation 
 of household appliances, kitchen equipment, etc.
- If client specific or global 
 endorsements are required, the Respite Care QSP must meet the competencies 
 for these tasks. 
Service 
 Activities, Authorized
        The service tasks/activities within the scope of this service chapter 
 are identified on the Authorization to Provide Service.
         
        Service 
 Activities, Not Allowed
        Shopping, Community Integration, Social Appropriateness, Transportation 
 are tasks that cannot be authorized under the Respite Care service.  
         
        Limits
        
            - Non-institutional Respite 
 Care is capped at the daily swing-bed rate https://www.hhs.nd.gov/sites/www/files/documents/2023-swing-bed-fee-schedule.pdf regardless of whether an overnight 
 stay is included. Respite Care providers must bill using the Procedure 
 Code for a 15-minute unit, not to exceed the daily swing-bed rate. Only providers 
 of Institutional Respite Care can bill using the Procedure Code for a 
 daily rate.  
- Twenty-four hour care shall 
 be allowed in an emergency and cannot exceed the Respite Care cap without 
 prior approval of the HCBS Program Administrator.
- Respite Care may be provided 
 for up to three (3) months to an infant requiring apnea monitoring if 
 other SPED Program eligibility criteria are met, AND an apnea monitor 
 is recommended by the applicant’s physician.
- An 
 applicant requiring apnea monitoring is eligible upon the HCBS 
 Program Administration receiving the SFN 1820, Data 
 for SPED Program Pool Entry/Denial, with the notation the individual is on 
 apnea monitoring. The effective date of service will be the date requested 
 by the HCBS Case Manager. Coverage under the SPED program can be extended 
 beyond three (3) months upon written request to the Program 
 Administrator documenting the continued need for Respite Care as a result 
 of continued need for apnea monitoring.
- The total allowable monthly 
 maximum for Respite Care must be prorated for all residents in the Adult 
 Foster Care home (regardless of private or public pay). The number 
 of public and private pay AFC residents in a home should be evaluated 
 quarterly during the quarterly contact. Any changes in the amount of respite 
 should be updated at that time.
- The total allowable maximum 
 for respite care must be prorated for all individuals receiving and living 
 in the same Family Home Care setting.
- If multiple individuals live 
 in the same home and have the same primary caregiver, the respite cap must 
 be divided by the number of individuals in the home.
- The department may grant approval to exceed the service cap if the individual has 
 special or unique circumstances; the need for additional services does 
 not exceed 3 months; and the total need for service does not exceed the 
 individualized budget amount. Under emergency circumstances, the Department 
 may grant a one-time extension not to exceed an additional three months. The case manager must make 
 participants aware of the service cap.
Providers
        Respite Care may be provided by the following individual QSP's or employees of a QSP agency (checked if allowable):
        □ Guardian
        □ Legally Responsible Person - Legal spouse or parent of a minor child.
        üRelative within the definition of Family Home Care under subsection 4 of N.D.C.C. 50-06.2-02.
        
         
        Institutional 
 Respite Care
        Institutional respite care is care provided in a residential setting 
 by a provider who is enrolled to provide Institutional Respite Care Services 
 as a Qualified Service Provider of Institutional Respite Care.
        
            - Placement/Admission: Institutions providing Respite Care are required to follow licensing rules 
 for long term care facilities in North Dakota. Respite care provided in 
 an institutional setting requires the minimum of an overnight stay. Therefore, 
 the facility accepting the individual for the provision of Respite Care must 
 provide the same sleeping accommodations available to residents or patients 
 of the facility.
The facility cannot exceed their licensed or approved 
 capacity. The individuals receiving Respite Care  must be included in determining whether 
 the license or approved bed capacity would be exceeded.
        
            - Staff: 
  Because 
 the facility must meet staffing patterns as defined by their licensing 
 or Medicare-approval authority, the care staff of the facility will not 
 be required to meet the specific standards of this chapter. The facility 
 must make available evidence the care staff meet the requirements of their 
 licensing or Medicare-approval authority upon request of the case manager and/or representative of the Department.
- Records: 
  The facility 
 shall maintain such individual chart or records as is required for residents/patients 
 of the facility.
Adult 
 Foster Home for Respite Care
        Adult Foster Homes that are also enrolled as Respite Care Homes 
 and are providing services for individuals who are not current Adult Foster Care recipients bill their established Respite Care unit rate; 
 the total cost per day cannot exceed the current swing bed rate.
         
        When an individual who is a current Adult foster Care recipient receives 
 overnight care in another licensed foster care home, the rate for that 
 individual is the current established foster care rate and the Adult Foster 
 Care procedure code is used.
         
        Respite 
 Care in QSP's Home
        The form, Respite Home Evaluation, SFN 659, must 
 be completed to provide evidence that the Respite Care QSP's home meets 
 the standards for home Respite Care in addition to being an enrolled Qualified 
 Service provider for Respite Care Service. The case manager
 is responsible for completing the evaluation and forwarding a copy to 
 the HCBS Program Administrator. 
        
            - A minimum of one (1) home 
 visit to the Respite Care QSP's home shall be made by the case manager to complete the form Respite Home Evaluation.
- Upon determining the respite 
 care QSP's home meets the standards as outlined in SFN 659, a copy of 
 the completed SFN 659 approving such compliance shall be issued to the 
 respite care QSP to be effective for no more than two (2) years. The Respite 
 Care Home QSP must sign an agreement to maintain the standards and keep 
 a copy of the standards on the premises of the home. The approval shall 
 apply to only the home at the address evaluated.  Should 
 the Respite Care QSP move, another evaluation is required.
- The case manager shall maintain records of the evaluation, the decision, and the 
 reason for that decision.