208.909.  Responsibilities of recipients and vendors. — 1.  Consumers receiving personal care assistance services shall be responsible for:

  (1)  Supervising their personal care attendant;

  (2)  Verifying wages to be paid to the personal care attendant;

  (3)  Preparing and submitting time sheets, signed by both the consumer and personal care attendant, to the vendor on a biweekly basis;

  (4)  Promptly notifying the department within ten days of any changes in circumstances affecting the personal care assistance services plan or in the consumer's place of residence;

  (5)  Reporting any problems resulting from the quality of services rendered by the personal care attendant to the vendor.  If the consumer is unable to resolve any problems resulting from the quality of service rendered by the personal care attendant with the vendor, the consumer shall report the situation to the department;

  (6)  Providing the vendor with all necessary information to complete required paperwork for establishing the employer identification number;

  (7)  Allowing the vendor to comply with its quality assurance and supervision process, which shall include, but not be limited to, annual face-to-face home visits and monthly case management activities; and

  (8)  Reporting to the department significant changes in their health and ability to self-direct care.

  2.  Participating vendors shall be responsible for:

  (1)  Collecting time sheets or reviewing reports of delivered services and certifying the accuracy thereof;

  (2)  The Medicaid reimbursement process, including the filing of claims and reporting data to the department as required by rule;

  (3)  Transmitting the individual payment directly to the personal care attendant on behalf of the consumer;

  (4)  Ensuring all payroll, employment, and other taxes are paid timely;

  (5)  Monitoring the performance of the personal care assistance services plan.  Such monitoring shall occur during the annual face-to-face home visit under section 208.918.  The vendor shall document whether services are being provided to the consumer as set forth in the plan of care.  If the attendant was not providing services as set forth in the plan of care, the vendor shall notify the department and the department may suspend services to the consumer; and

  (6)  Reporting to the department significant changes in the consumer's health or ability to self-direct care.

  3.  No state or federal financial assistance shall be authorized or expended to pay for services provided to a consumer under sections 208.900 to 208.927, if the primary benefit of the services is to the household unit, or is a household task that the members of the consumer's household may reasonably be expected to share or do for one another when they live in the same household, unless such service is above and beyond typical activities household members may reasonably provide for another household member without a disability.

  4.  No state or federal financial assistance shall be authorized or expended to pay for personal care assistance services provided by a personal care attendant who has not undergone the background screening process under section 192.2495.  If the personal care attendant has a disqualifying finding under section 192.2495, no state or federal assistance shall be made, unless a good cause waiver is first obtained from the department in accordance with section 192.2495.

  5.  (1)  All vendors shall, by July 1, 2015, have, maintain, and use a telephone tracking system for the purpose of reporting and verifying the delivery of consumer-directed services as authorized by the department of health and senior services or its designee.  The telephone tracking system shall be used to process payroll for employees and for submitting claims for reimbursement to the MO HealthNet division.  At a minimum, the telephone tracking system shall:

  (a)  Record the exact date services are delivered;

  (b)  Record the exact time the services begin and exact time the services end;

  (c)  Verify the telephone number from which the services are registered;

  (d)  Verify that the number from which the call is placed is a telephone number unique to the client;

  (e)  Require a personal identification number unique to each personal care attendant;

  (f)  Be capable of producing reports of services delivered, tasks performed, client identity, beginning and ending times of service and date of service in summary fashion that constitute adequate documentation of service; and

  (g)  Be capable of producing reimbursement requests for consumer approval that assures accuracy and compliance with program expectations for both the consumer and vendor.

  (2)  As new technology becomes available, the department may allow use of a more advanced tracking system, provided that such system is at least as capable of meeting the requirements of this subsection.

  (3)  The department of health and senior services shall promulgate by rule the minimum necessary criteria of the telephone tracking system.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.

  6.  (1)  The vendor shall be liable to the consumer for any garnishment action occurring or that has occurred as a result of the vendor's failure to timely pay payroll, employment, or other taxes on behalf of the consumer under subsection 2 of this section.  The vendor shall notify the consumer of any communication or correspondence from any federal, state, or local tax authority of any overdue or unpaid tax obligation, as well as any notice of an impending garnishment.

  (2)  The vendor may be subject to a one thousand dollar penalty per occurrence of the vendor's failure to timely pay payroll, employment, or other taxes on behalf of the consumer under subsection 2 of this section.