Sec. 07.02.18.08. Limitations

A. Respite care services, within one State fiscal year, are available as follows:

(1) On an hourly basis, up to a total of 24 hours of care provided in periods of less than 10 hours in any 24-hour period; and

(2) On a daily basis, up to 14 days of care with 1 day being not fewer than 10, or more than 24 hours in any 24-hour period.

B. An unused day of care may be converted into hours, with 1 day equal to 10 hours.

C. Respite care services may not be used to substitute for routine paid attendant care.

D. Qualified care workers may care for individuals in the household other than the individual with a developmental or functional disability, only if the provider determines that such an arrangement will not compromise the quality of care received by the individual with the disability. The number of individuals cared for may not exceed a total of five and any financial arrangements for household members without a developmental or functional disability may not include respite care subsidy funds.

E. Respite care services may not be provided if:

(1) A subsidy is required and all provider funds have been expended or obligated;

(2) All care worker time has been committed; and

(3) All the consumer’s eligible hours have been exhausted.

F. Respite care services may not be provided by anyone living in the same household as the consumer.