CARMEL COMMUNITY LIVING CORPORATION HOST HOME MEMO OF UNDERSTANDING (Copyright 2012 Carmel Community Living Corporation) The following represent the basic terms of the Host Home Provider Agreement between Carmel Community Living Corporation (CCLC) and _______________________, Provider, regarding the placement of CCLC Consumer(s) into Provider's home. DEFINITION OF HOST HOME PROVIDER: A Host Home Provider is NOT an employee of CCLC. A Provider agrees to take a Consumer into his/her home and to provide all appropriate care as if the Consumer is a part of the HHP’s family. The United States government has classified host home providers as Adult Foster Care Providers, subject to the same laws and regulations as foster parents of children. An adult foster care provider assumes full responsibility for compliance with all State and Federal laws and regulations, and for all care and supervision of the Consumer placed in his/her care. A Provider is NOT contracted to provide specific services or to work specified hours. The Provider agrees to provide supervision and services to the Consumer AT ALL TIMES when the Consumer is not in a structured activity or in a location that is supervised by approved provider(s), unless the Consumer's Service Plan (SP) specifies that the Consumer may be left unsupervised for certain periods of time. The Provider must make arrangements for supervision when the Provider cannot be present (i.e., Provider has an outside job, other commitments, etc.), and must provide supervision when/if the Consumer is ill and cannot work or attend day program activities. Examples: (1) if the Consumer is sick or refuses to go to work, it is the Provider's responsibility to stay home with the Consumer (unless the Consumer can stay home alone, per the SP), or to make arrangements for an approved person to stay with the Consumer; (2) if the Consumer is visiting family or is at another program and needs to return to the Provider’s home, the Provider must make appropriate arrangements. TERMS OF THE CONTRACT: Some provisions of the Agreement are required by Federal, State or Community Centered Board (CCB) rules and regulations, and, therefore are compulsory. Such provisions include, but are not limited to, required services and documentation, training, insurance coverage, background screenings, inspections, household and medical items and services. CARMEL COMMUNITY LIVING CORPORATION agrees to: 1. Provide appropriate program guidance and personnel, primarily through a Program Coordinator (PC), to facilitate communication and coordination of services between the Host Home and CCLC. The PC may assist the Provider in coordinating services involving vocational, medical and dental matters for the Consumer, including direct contact with personnel from other agencies. The PC’s primary responsibilities are to safeguard the health and safety of the Consumer, to ensure that the Provider is providing all required services and is following all appropriate rules and regulations, and to ensure that all provisions of this Agreement are being fulfilled. 2. Provide training as necessary to increase the Provider's skills, through individual and/or group training with CCLC staff or training consultants as required. Provider will not be compensated for attending such training. 3. Provide, as required, support services that are necessary for the Provider to ensure a successful placement for the Consumer. 4. When possible, assist Provider in locating respite care. Carmel will not be involved in the negotiation of respite payment rates. Respite is the responsibility of the Provider. It is usually in the best interests of the Consumer to remain in his/her home during respite care, with an approved substitute coming into the Provider's and Consumer's home. If this is not possible, respite care settings must meet the same basic standards as the Provider's home. Per Section 10 of the Agreement, (Personal Services), persons who provide respite care must meet the minimum qualifications specified in this Agreement. All CCLC Host Home Providers are approved to provide respite, as are Host Home Providers and direct care staff approved by other Program Approved Service Agencies within the State of Colorado, as long as they have successfully completed all appropriate training to meet the Consumer’s needs and have been approved by CCLC. HOST HOME PROVIDER agrees to: 1. Provide a safe living environment: the home must pass the CCLC Residence Inspection, and be maintained in such a manner to pass the HUD Section 8 Inspection Checklist. There must be a smoke detector and a carbon monoxide detector on each level of the home. In some areas, the home must also pass inspection by the local Community Centered Board (CCB). As appropriate, Provider will maintain the outdoor areas of the home so that the Consumer may have access and egress, especially in emergencies: walkways, driveway and yard must be free of clutter and/or potentially harmful obstacles; snow must be shoveled and ice removed promptly; animal wastes removed promptly; no hazardous/poisonous plants. The Provider covenants and guarantees that there is no dangerous instrumentality available to the Consumer (this includes, but is not limited to, weapons of any type or other implements which may cause physical harm or injury to self or to others). 2. Allow the Consumer access to and use of all living areas of the home including kitchen, living room, family room, etc. Provider may designate his/her bedroom, office and the rooms of children and/or other Consumers as private and restricted and not for the Consumer to enter without permission. 3. Furnish food and household items; cleaning supplies; paper products; cookware and utensils; dishes, flatware and glasses; linens (sheets, towels, and washcloths) unless the Consumer owns his/her own items, as specified by state regulations (see attached list); Consumer MAY NOT be charged for these items. By regulation, Provider and/or Carmel are not permitted to use Medicaid Waiver funds (services payment) to pay for any item or service that is covered through the Medicaid State Plan (“Medicaid Always Pays” section of attached list). Room and Board payment made to HHP is intended to cover all living expenses for the Consumer. If the Consumer receives food stamps (Colorado Quest Card) benefits, these funds are to be used to purchase items SOLELY for the Consumer’s use; Provider must note on store receipts those items purchased either by or for the Consumer with the Quest Card. These receipts shall be kept in the Consumer’s file. 4. Provide a separate, furnished (bed and dresser at a minimum) sleeping room which meets the State of Colorado Division for Developmental Disabilities standards. Consumers are not permitted to share a bedroom, unless both Consumers request it and are given the option of separate rooms. If the Consumer has his/her own furniture, it is preferable for them to use it rather than use Provider’s furniture; this is important to help the Consumer feel more comfortable. Carmel is not responsible for damage done by the Consumer to Provider’s home, furniture or other property. 5. Provide a bathroom for the Consumer to use (shared with Provider and/or family is acceptable). Common drinking glasses are not permitted (i.e., there may not be a “house” glass in the bathroom which everyone uses). 6. Maintain a working telephone that is accessible to the Consumer for local calls. The Consumer is responsible for any long distance charges. If the Consumer desires his/her own separate phone line, he/she must pay for it from his/her personal funds. If Provider has a wireless (cell) phone only, the phone MUST be available to the Consumer AT ALL TIMES. Provider may not charge the Consumer for utilities. Provider may charge the Consumer for the Consumer’s share of cable or satellite television charges, if the Consumer requests such services. However, Provider MAY NOT forbid the Consumer to watch the cable or satellite equipped television in a living area of the home if the Consumer cannot afford to pay a share of this cost. 7. Provide adequate laundry facilities and supplies, or provide adequate funds and assistance for the Consumer to use commercial laundry facilities. 8. Provide regularly scheduled meals and snacks that comply with the Consumer's prescribed diet and which meet nutritional guidelines and the Consumer’s preferences. Provider will allow the Consumer flexibility to take meals elsewhere, or at other times, and to have reasonable access to kitchen facilities. If the Consumer does not want to eat the meal that is planned/offered by Provider, the Consumer may go to a restaurant or order take out and use his/her personal funds. Provider must document on the receipt that a meal was offered but the Consumer declined. PC will review these receipts for possible exploitation. 9. Encourage the Consumer to participate in all decisions and activities of the household, including meal planning, shopping and cooking, cleaning common areas, doing laundry, etc. 10. Not require the Consumer to perform any work for Provider or for the Provider's family without reasonable compensation, other than regular household duties in which all family members participate. 11. Perform all services: as listed in the Consumer’s Service Plan as required by federal, state and local regulations as ordered or recommended by a physician or other health care professional or therapist, as required by Carmel policies and procedures and/or the Agreement, and in a manner consistent with CCLC philosophy of providing services in the least restrictive manner. This includes, but is not limited to performing training and support plans as scheduled all medical, dental, and therapy appointments and recommended follow up administering/assisting with medications daily physical and dental hygiene, unless otherwise scheduled periodic review of the Safety Plan and emergency procedures (e.g., fire drills) as scheduled in the Safety Plan timely documentation of all services performed (i.e., documentation is required when the service is performed). Medicaid is a “fee for service” program, which means payment will be made ONLY if the required services are provided and documented. To receive payment, it is not enough that the Consumer is living in the Provider’s home; the Room and Board payment covers this. Medicaid requires that all services be performed according to the frequency specified in the Consumer’s Service Plan. If all services are not provided, or are not documented, Medicaid can and will withhold or take back payment. Provider understands that if Medicaid denies or takes back any payments because Provider did not provide services or did not document services, Carmel will withhold that amount from Provider’s payment. 12. Be familiar with the Consumer’s Health and Safety Plan and review and practice it with the Consumer at the frequency specified. If there is more than one Consumer in the home, Provider must be able to demonstrate that he/she is capable of assisting all Consumers to evacuate in an emergency. 13. Maintain records of the Consumer's program participation and progress, and medical information, and submit progress reports as outlined by CCLC (see attached Host Home Provider Checklist). Provider will complete and submit Incident Reports for any and all events that are covered in Carmel’s Incident Report training, or which is noted in Carmel’s Policy and Procedures regarding Incident Reports. 14. Keep the Consumer’s files up-to-date; all Consumer records will be kept in a secure place within Provider’s home, or kept with Provider if taking the Consumer to an appointment. 15. Not charge the Consumer for any damages done by the Consumer to Provider’s home, vehicle or property. 16. Assist the Consumer with the management of his/her personal funds, according to the Consumer’s Service Plan, unless the Consumer/guardian has made other arrangements in writing. This may include a savings and/or checking account at a bank, or a cash system with ledger entries. Provider is responsible for accounting for all personal funds, and for obtaining receipts for all expenditures of more than $5.00, unless a different amount is specified in the Consumer’s Service Plan. Provider must reimburse the Consumer for any lost or missing receipts or for unaccounted funds; if Provider is unable to provide receipts, the amount owed to the Consumer will be deducted from Provider’s payment the following month. Provider is responsible for reconciling the Consumer’s bank account(s) using the monthly bank statement(s) and must submit the reconciliation and statements to CCLC on a monthly basis, per the attached checklist. Carmel contracts with some pharmacies that waive prescription copays under $4.00; if the Provider chooses to use a different pharmacy that does not waive these copays, the Provider is responsible for paying them. 17. Remind the Consumer to submit paycheck stubs as soon as they are received, and to submit them to PC as scheduled. If the Consumer’s paycheck stubs are not submitted within the required deadline, it is possible that the Consumer may have to make an additional room and board payment in a succeeding month. If the Consumer is required by Social Security to make an additional payment because of under-reporting of income based on Provider’s failure to submit paycheck stubs on time, the amount of the Consumer’s additional payment may be deducted from Provider’s payment. Provider should keep track of the Consumer’s pay days, and inform the PC if the Consumer is not submitting check stubs timely. 18. Safeguard the Consumer’s personal possessions and maintain an up to date inventory of all of Consumer’s possessions (not to include clothing). Provider accepts responsibility to replace or to pay for replacing, any item of value belonging to the Consumer which was broken or lost through Provider’s action or omission. Provider should consult with the PC for a possible behavioral support program if Provider notes that the Consumer seems to be losing, discarding or destroying personal items. 19. Provide transportation to and from medical, dental and other appointments, social/recreational activities, or other locations as needed by the Consumer, OR make adequate and appropriate transportation arrangements. It is the Provider's responsibility to schedule appointments at a time that is mutually convenient, with the Consumer’s schedule taking precedent. Provider is responsible for payment if an appointment is missed and there is a “no show” charge. If the appointment is missed due to refusal to attend by the Consumer, Provider will immediately notify the PC to discuss the behavior; in such a case, the Consumer may be required to pay the charge. Vocational agency or the Consumer is responsible for transportation to work or to funded day program activities, unless otherwise specified. 20. Arrange a physical examination of the Consumer by a licensed physician at the frequency determined by the primary care physician; a dental examination by a licensed dentist according to the dentist’s recommendations but at least annually, and other therapies and treatments as prescribed by physicians, dentists and/or other professionals, or as recommended by the IDT. 21. Participate in and accept all medical testing deemed necessary for a Host Home Provider by CCLC (Tuberculosis tests, Hepatitis screenings, etc.). 22. Authorize CCLC to undertake a personal background check, criminal history check (which may include fingerprinting and Central Registry for Child Protection) and driving record check, prior to final acceptance as a Host Home Provider; this applies to all residents of Provider’s home who are eighteen (18) years of age or older. Provider shall pay for these screenings. 23. Attend service provider training prior to providing services and maintain current certification in CPR and First Aid. Provider is encouraged to attend a minimum of 24 hours of continued training per year, either through CCLC's In-Service Training Program or through other sources. For new Providers, Carmel will accept Medication Certification from another Program Approved Service Agency (PASA) in Colorado, as long as the Provider attends a Carmel Medication Recertification class and passes the test, within 30 days of initiation of the Agreement. Carmel will accept Recertification by another PASA if the Provider’s original Certification was through Carmel. Carmel reserves the right to require the Provider to retake the Recertification class at the discretion of the Nurse Consultant. Host Home Payment may be held until Provider has obtained and submitted proof of all required trainings and certifications. 24. Abide by all laws regarding the legal rights of the Consumer, and other laws, rules and regulations pertaining to the provision of services and to participate in any applicable reviews and/or surveys of CCLC programs by local, state or federal agencies. 25. Maintain Provider’s vehicle(s) in safe working condition. Before transporting the Consumer, HHP will perform an inspection of his/her vehicle, or submit a copy of a recent (within 30 days) safety inspection performed by a mechanic or by a commercial vehicle service center (JiffyLube, Grease Monkey, dealership, etc.). Inspections shall be required at least once per year. Host Home Payment may be held until inspection has been performed and all safety defects have been repaired. 26. Refrain from excessive drinking of alcohol while the Consumer is present in the home. Occasional drinking in moderate amounts is permissible, but Provider MUST maintain the ability to appropriately deal with any emergency or other issue which may arise. Any out-of-control drinking episode (the Provider’s ability to make sound judgments in the best interests of the Consumer is significantly impaired) may be grounds for immediate termination of this Agreement and charges of Mistreatment or Abuse. Any use of illegal substances or misuse of prescription medications may be grounds for immediate termination of the Agreement and removal of the Consumer. 27. Comply with the provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and subsequent updates of that law, and with Carmel’s policies and procedures as stated in Carmel’s Notice of Privacy Practices and in Carmel’s HIPAA Compliance Plan. Provider understands that if he/she violates any provisions of HIPAA or of Carmel’s privacy policies Provider may be subject to one of more of the following: he/she may be subject to investigation by the Office of Civil Rights of the U.S. Department of Health and Human Services; Carmel may terminate this Agreement; criminal charges may be brought against him/her; he/she may be liable for fines and/or imprisonment. 28. Maintain a computer with high speed internet access, a printer, and a scanner and/or fax machine to record delivery of services and send copies of paper documents to the office. If Provider does not have scanning/fax capabilities at home, all Medical/Dental appointment forms and Incident Reports must be brought to the office by the next business day. ADDITIONAL PROVISIONS: Provider’s home must meet, at a minimum, the Housing Quality Standards set by the Department of Housing and Urban Development for its Section 8 Subsidy program; it must also meet CCLC, State and local requirements. The assigned PC will visit the home to determine its suitability for the Consumer being considered. If the Consumer has a HUD rent subsidy, a certified HUD inspector will also visit the home to perform the Section 8 inspection prior to placement. If the Consumer uses a wheelchair or other adaptive equipment, the Consumer’s bedroom, bathroom and the main living areas of the home must be accessible to the Consumer; the main entrance/escape exit of the home must be ramped for wheelchair access. Provider must be able to demonstrate that he/she is capable of assisting all Consumers in the home to escape in an emergency. Provider is responsible for making any necessary modifications to the home (ramps, grab bars, raised toilet seats, smoke alarms with flashing lights, etc.) at Provider’s expense. However, Medicaid or local non-profit agency funds may be available to pay for some adaptive equipment, if ordered by the Consumer’s physician. Failure to perform any of the tasks enumerated in this Memo of Understanding or in the Agreement, or required by regulation, may result in payment being withheld from HHP or in termination of the Agreement. Provider understands and agrees that CCLC may withhold payment for non-compliance with any of the following items until the deficiency is corrected, and may assess a non-refundable monthly administrative fee of $25.00 (twenty-five dollars) per item, with thirty (30) days’ written notice, until the deficiency is corrected: *that he/she MUST submit to CCLC proof of General Liability insurance (homeowners or renters in the amount specified in the Agreement) within 30 days of the Consumer's moving into his/her home; *that he/she MUST submit proof of Professional Liability insurance in the amount specified in the Agreement to CCLC within 30 days (ten days for Consumers served through Denver Options); *that he/she MUST be trained in CPR and First Aid within 90 days and maintain certification; *that he/she MUST be certified in Medication Administration within 30 days; Provider will NOT administer or otherwise deal with the Consumer’s medications until Provider is certified to do so; *that he/she MUST submit proof of registration of a Trade Name with the State of Colorado Department of Revenue within 90 days; *that if he/she transports the Consumer in his/her vehicle, he/she MUST have insurance with at least the minimum coverage as required by the State of Colorado, submit proof of such insurance to CCLC before driving the Consumer in his/her vehicle, and submit proof of coverage renewal; the policy MUST cover all drivers who may be using the vehicle to transport the Consumer *that he/she will maintain his/her vehicle in a safe condition, and will submit proof of such condition before driving the Consumer, and periodically (at least once) through the year, as requested (copies of inspection reports from a dealer or other service facility or inspection by Provider using CCLC Vehicle Safety Inspection Checklist). Provider further agrees: *that he/she will meet Carmel’s minimum driving record standards and will notify the assigned PC of citations received for any moving violations; *that CCLC may remove the Consumer from the Provider’s home if there is an allegation of Mistreatment, Abuse, Neglect or Exploitation (see CCLC’s Policy/Procedure on M/A/N/E), pending the results of an investigation; if the investigation shows that the allegations are true, the Consumer may not return to the Provider’s home and payment will cease as of the day that the Consumer was removed; *that if CCLC loses funding for the Consumer for any reason (death, move to another facility due to illness or behaviors, Consumer/guardian request), payment will cease with forty-eight (48) hours’ notice to Provider (i.e., Provider will be paid for two days from the date of notice); *that if Provider violates any provision of this Memo of Understanding or of the Agreement, CCLC may remove the Consumer with no further obligation of payment to Provider, as of the day the Consumer was removed. This Memo of Understanding is not all-inclusive, and is not intended to take the place of the Host Home Provider Agreement which is incorporated by reference herein. It is intended to enumerate the basic terms of the contract so that Provider understands the responsibilities and obligations which are clearly defined in the formal Agreement. This Memo is part of the final Agreement between the parties. ________________________________________ Provider Date ________________________________________ CCLC Program Coordinator Date ________________________________________________ CCLC Region Manager Date HOST HOME PROVIDER AGREEMENT - EXHIBIT A SAMPLE HHP MONTHLY CHECKLIST The tasks below must be completed for your Consumer by the end of the month, or by the date indicated. Give all paperwork to your Program Coordinator (PC). FAILURE TO COMPLETE REQUIRED TASKS OR TO SUBMIT REQUIRED DOCUMENTATION MAY RESULT IN PROVIDER’S CHECK BEING HELD BY CCLC UNTIL SATISFACTORY COMPLETION, AND/OR A LATE FEE OF $25.00 (TWENTY-FIVE DOLLARS) BEING DEDUCTED FROM PROVIDER’S PAYMENT AFTER THIRTY (30) DAYS’ WRITTEN NOTICE. Provider name: _________________________ PC name: _________________________ Tasks to be completed PETI Forms to PC by the 15th Room and Board checks to PC by the 20th Consumer’s WORK paycheck deposited within 5 days; stub submitted to PC within 2 days (mailed or brought in person) Census information WEEKLY to PC; form submitted Monthly Checkbooks balanced and all accompanying financial paperwork (receipts, bank statement, PNF log, etc.) submitted to PC by the assigned date Completed Activity Logs, Medication Sheets and Medical Communication Logs submitted to the PC before payment Personal Needs checks deposited within 5 days of receipt Fire drills and Safety Plan reviews turned in to PC as required by Safety Plan Inventory updated Doctor’s appointments, labs completed/scheduled ID card checked: does Consumer have one, address correct? Assessments, Pre-SP forms and other required paperwork submitted to PC by assigned date Documentation of required training submitted by due date ________________________________________________________ PC Signature Date PURCHASE CATEGORIES FOR CONSUMERS, HOST HOMES AND CARMEL (Rev 1/5/12) Consumers Pay for with Personal Funds Clothes and shoes Haircuts, perms Hygiene supplies not on CCLC or HHP list: Shampoo, conditioner Lotion (unless doctor ordered) Deodorant Shavers/Razors/Blades Shaving cream Nail polish and remover Bubble bath, bath oil (unless doctor ordered) Depilatories Magazines, books Floral, plants Toys, games Greeting cards, gifts Stationery, pens, paper, tape, etc. Recreation Video rental or purchase Holiday/party items and decorations Decorations for client’s room Furniture other than bed and dresser Cigarettes, other smoking materials Medical co-pays Postage Air fresheners (if requested) Batteries (except for hearing aids or smoke alarms) Vacation expenses (per policy) Pet supplies, vet bills, etc. Special request furniture or appliances: TV, VCR/DVD, desk, video games, bookshelves Misc. personal items Host Home: Provider Pays PCA: Carmel Pays Food Housekeeping supplies: cleaners, mop, broom, sponges, dish soap, trash bags, foil/saran, air fresheners Household supplies: basic furnishings, light bulbs, cooking & eating utensils, cookware, dishes, flatware, serving utensils Batteries for hearing aids, smoke alarms and emergency flashlights Linens: sheets, blankets, towels, protective mattress pads/liners HYGIENE: soap, nail clippers/files DENTAL: toothbrush (including Sonicare or similar power brush ordered by the dentist), toothpaste, floss, threaders, mouthwash, denture cleaner/cup Sanitary napkins Doctor-ordered lotions, bath oil, etc. Over the counter meds: Tylenol, aspirin, cold remedies, cough syrup and drops, vitamins, lip balm, laxatives, suppositories, etc. Prescription copays if HHP chooses to use a pharmacy that does not waive them Medical/first aid: bandaids, Q-tips, antiseptics, bandage, gauze, cotton balls, alcohol, heating pads, ice bags, scales, humidifiers, lubricants Telephone (local service), utilities Laundry: machines or laundromat, detergent, bleach, softener Lighted smoke alarms and doorbells for hearing impaired Anti-elopement alarms Escape ladder and windows All transportation except voc or day program, unless otherwise specified CCLC ALWAYS Pays, Regardless of Setting Prescription medications not covered by Medicaid or Medicare Note: all medications – oral or topical - MUST have a doctor’s order (unless the person is independent with their medications); a “prescription medication” is one that is ONLY available with a prescription from a health care professional; over the counter meds are NOT prescription meds and must be paid for by the HHP Medicaid Pays Through CCB (PAR must be in place BEFORE service is provided) *Dental services: exams and cleaning, all dental work, dentures and partials *Eye exams and glasses *Some assistive devices and supplies if not covered by State Plan *Psychological and Behavioral services: evaluations, therapy; (Consumers may pay a portion if court-ordered or IDT-approved) Medicaid State Plan Pays (provider bills Medicaid directly) Physical and occupational therapy Speech therapy, audiology, communication devices Hearing aids Walkers, wheelchairs, canes, crutches and repairs (if Medicaid paid for item) Leg/arm braces, special shoes Adaptive equipment and furniture: hospital bed, hydraulic lifts, cradles Medical supplies: thermometer, syringes and needles, diagnostic equipment (diabetes test kits, etc.), colostomy and urine bags and equipment, fleece pads Home health care (some cases) G-tube equipment: tubes, bags, gloves, ancillary supplies Breathing equipment: oxygen and masks, O2 humidifiers, hoses, regulators, etc. If Medicaid denies payment, Host Home pays unless PCA: Most nutritional supplements as ordered by doctor (Ensure, Jevity, etc.) Diapers, chux pads, wipes Gloves, gowns, masks as ordered Irrigating solutions (saline, acetic acid) Adaptive equipment for home: grab bars, raised toilet seats, bath benches (Lists are subject to change pending further information from Medicaid)