Responsible party (PCA) and participant’s representative (CFSS)
Page posted: 8/26/24 | Page reviewed: | Page updated: 10/16/24 | |
Legal authority | Minn. Stat. §256B.0659, subd. 9 and subd. 10, Minn. Stat. §256B.85, subd. 14a | ||
Comparison of PCA and CFSS | DHS is in the process of replacing PCA with CFSS. For more information about this transition, refer to CFSS Manual – Transition from PCA and CSG to CFSS. SimilaritiesIn both PCA and CFSS, the person directs their own care unless they are unable to do so. If necessary, another individual can direct care on the person’s behalf. The requirements, limitations and responsibilities of this individual are the same in both PCA and CFSS. DifferencesIn PCA, the individual who directs someone else’s care is called the responsible party (RP). In CFSS, the individual is called the participant’s representative. | ||
Definition | Responsible party (RP)/participant’s representative: An individual who is age 18 or older and capable of directing care on behalf of a person receiving PCA/CFSS services when the person is assessed as unable to direct their own care. In PCA, this individual is called the RP. In CFSS, this individual is called the participant’s representative. Note: All references to “representative” on this page refer to the participant’s representative, unless otherwise specified. Directing your own care: Situation in which the person can identify their needs, direct and evaluate caregiver task accomplishments and provide for their health and safety. | ||
Overview | A person must have an RP (PCA) or participant’s representative (CFSS) if they are: The RP/representative could include, but is not limited to: The RP/representative must be: | ||
Limitations | The RP/representative cannot be any of the following: | ||
RP/participant representative’s responsibilities | The RP/representative is responsible for tasks related to participation, monitoring and health and safety. ParticipationThe RP/representative must: Note: The RP/representative is the only individual who may request that the person change models or providers. DHS will confirm all requests for changes are from the RP/representative listed in MMIS. MonitoringThe RP/representative must: Notes: Health and safetyThe RP/representative must: | ||
Agreement | Before the person receives PCA/CFSS services, the RP/representative must sign an agreement to indicate understanding of the responsibilities associated with the role. The RP/representative must complete and sign a new agreement annually. When there are two individuals identified as the person’s RP/representative, each individual must sign the agreement. If the person receives PCA services, the RP works with the PCA provider agency to complete PCA Program Responsible Party Form/CFSS Participant Representative Agreement, DHS-6893F (PDF). If the person receives CFSS services, the representative works with the consultation services provider, CFSS provider agency and/or FMS provider to complete the PCA Program Responsible Party Form/CFSS Participant Representative Agreement, DHS-6893F (PDF). | ||
Delegation | During a temporary absence of at least 24 hours (but not more than six months), the RP/representative may delegate their role to another individual who meets the requirements for an RP/representative. The RP/representative must communicate to the provider agency or FMS provider about the need for a delegated RP/representative, including the following information: Delegated RPs/representatives must: | ||
Lead agency’s responsibilities | The lead agency assessor identifies the person’s need for an RP/representative during the assessment process. PCA-specific informationIf the person needs an RP, the lead agency can only authorize services if the person has identified an RP. The lead agency enters the RP into MnCHOICES and completes the appropriate MMIS fields, including the RP name(s). CFSS-specific informationIf a person using CFSS needs a representative and has not identified one, the lead agency can only authorize consultation services. The lead agency cannot authorize any other CFSS services until the person identifies a representative. | ||
Consultation services provider’s responsibilities | If a person using CFSS needs help to identify a representative, the consultation services provider can educate the person on how to find an appropriate individual. Once the person identifies a representative, the consultation services provider meets with the representative and delivers all services listed on CFSS Manual – CFSS consultation services overview. | ||
Provider agency and FMS provider’s responsibilities | All PCA/CFSS provider agencies and FMS providers must: 1. Maintain a written agreement with the RP/representative [PCA Program Responsible Party Form/CFSS Participant Representative Agreement, DHS-6893F (PDF)] 2. Meet with the RP/representative to: 3. Provide a copy of the written agreement to both the person and the RP/representative. 4. Retain documentation between the provider agency/FMS provider and the RP/representative in the provider file, including: 5. Use PCA Technical Change Request, DHS-4074A or CFSS Technical Change Request, DHS-6893K to notify DHS of a change in the person’s RP/representative. | ||
Additional resources | CBSM – Assessment and support planning overview | ||
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