S-5089

   Amend Senate File 2320, as passed by the Senate, as follows:
   1.  Page 1, after line 29 by inserting: 
   <b.  That if the legal representative of a member also acts as a provider under a consumer-directed attendant care agreement or under a community choices option employment agreement, the agreement shall include all of the following reasonable safeguards:
   (1)  That the payment rate for the legal representative acting as a provider is fair and reasonable based upon the skill level of the provider and may not exceed the median statewide reimbursement rate for the service unless the higher rate receives prior approval from the department.
   (2)  That the legal representative acting as a provider is not paid for more than forty hours of service per week.
   (3)  A contingency plan for provision of services provided by the legal representative acting as a provider in the event the legal representative is unable to provide the services due to illness or other unexpected event.>
   2.  Page 1, line 30, by striking <b.> and inserting <c.>
   3.  Page 2, by striking lines 1 through 10 and inserting:
   <2.  The department of human services shall amend the medical assistance home and community-based services waivers to replace agency-provided consumer-directed attendant care services with personal care services.>
   4.  By renumbering as necessary.