General Practices - Respite Care Providers and Substitute Caregivers 660-05-30-10-05

(Revised 5/1/19 ML 3549)

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The following general practices must be adhered to:

1. The provider is responsible for the care of the residents at all times, even though the duties or tasks of providing resident care have been delegated to a substitute caregiver and/or respite care provider.
2. For residents who are either private pay or funded by the Department, the provider must arrange for a respite care provider or substitute caregiver who meets standards of competency of a Qualified Service Provider of respite care/substitute caregiver in an AFC facility. (Section 05-30-10)
3. A substitute caregiver or respite care provider who is providing care to private pay residents may not be left in charge of the facility for more than one hundred-ninety-two (192) calendar days during the twenty-four (24) month period immediately following the date of issuance of the license or for more than ninety-six (96) days of the issuance of the initial license.
4. Whenever a substitute caregiver or respite care provider is left in charge of the facility for more than eight (8) hours during a calendar day, unless subdivision six (6) (listed below) applies, a calendar day will be counted towards the ninety-six (96( or one hundred-ninety-two (192) calendar day limit a substitute caregiver or respite care provider may be in charge of the facility.
5. In a private pay situation, the service rate is the amount negotiated between the recipient or their representative and the licensed Adult Foster Care Provider.
6. A calendar day will not be counted toward the sixty (60) calendar day limit if the provider is away from the facility in the performance of duties on behalf of the Adult Foster Care residents or the Adult Foster Care home.
7. All respite care providers/substitute caregivers must complete the required qualified service provider application paperwork (Section 600-05-20-35) and be enrolled as a Qualified Service Provider.
8. All respite care providers/substitute caregivers must have completed a required background check (Section 600-05-20-40-05).
9. Employing individuals other than those who meet the definition of substitute caregiver or respite care provider to provide services to adult foster care recipients is prohibited.