36-2951. Self-directed attendant care services; rules; definition

A. Notwithstanding any law to the contrary, a person enrolled in the Arizona long-term care system may employ another person to provide self-directed attendant care services that would otherwise be considered within the scope of nursing care pursuant to title 32, chapter 15 if:

1. The person receiving these services is in stable condition, is not a resident in a medical facility and is competent to give directions to the attendant.

2. The person receiving these services has a functional disability and requires a service that could have been performed by that person except for the disability.

3. The attendant offers only services that are prescribed by the administration by rule.

B. The administration shall adopt rules prescribing the types of self-directed attendant care services that may be delivered pursuant to this section.  Before it adopts these rules, the administration shall submit the proposed rules to the state board of nursing for its review and approval.

C. For the purposes of this section, "self-directed attendant care" means a service provided by an attendant caregiver who is hired to provide personal care, homemaker and general supervision services to a participant in the Arizona long-term care system.