Sec. 07.02.14.08. Redetermination and Termination

A. The local department shall redetermine the client's income and whether the client is required to pay a fee at least every 6 months.

B. The local department shall reconsider the client's need for In-Home Aide Services, including any required change in the personal care plan, and complete a current ranking scale, at least every 6 months or sooner if the client's situation has changed significantly.

C. The local department shall terminate services under any of the following circumstances:

(1) Objectives of service have been reached and the IHAS supervisor and case manager agree that service is no longer needed;

(2) The family, client, or case manager is able to secure the necessary service from an alternative source;

(3) The case manager evaluates the client as no longer in need of IHAS;

(4) The client is deceased;

(5) The client moves to the jurisdiction of another local department;

(6) The client is hospitalized, placed in a long-term care facility, or is receiving community-based waiver program services;

(7) The client is no longer eligible;

(8) The limit in Regulation .07A of this chapter has been reached;

(9) The case manager, with the IHAS supervisor, determines that the service has not been effective in achieving the specific changes in the client's condition or family's situation which were expected to result from providing services;

(10) If an individual on the waiting list has a ranking score of seven or above, the local department shall:

(a) Terminate the client with the lowest score below seven; or

(b) If there is more than one client with the lowest score, terminate the client whose service began first;

(11) If the resources of the local department are insufficient to serve the existing clients, the local department shall terminate the client with the lowest ranking score below seven on the IHAS Ranking Scale, and continue terminating until the remaining clients can be served with the resources available;

(12) The service is suspended for 4 weeks;

(13) The client requests termination;

(14) The client declines IHAS service; or

(15) The client has prevented the IHAS aide from performing tasks agreed upon in the care plan for aide service.

D. If a local department terminates service under §C(5) of this regulation, and if the client or individual in the client's care is in danger of immediate institutionalization, child foster care, or death without IHAS, the local department shall notify the new local department immediately in order that IHAS may begin at the earliest possible moment. If the client's new address is near enough, the local department may continue IHAS until the new department begins IHAS.

E. Except when the services are suspended on an emergency basis, the local department shall send notice to the client at least 15 days before taking action which will deny, reduce, suspend, or terminate services. The notice shall state the decision and the basis for it, cite the regulations supporting it, and explain the applicant's right to, and the method to request, a fair hearing.