Rights and Responsibilities of Families, Primary Caregivers and Independent Participants

The family/primary caregiver and independent participant has certain rights described below:

  1. You choose participation in the Medically Dependent Children Program (MDCP), institutional care or neither.
  2. You choose the provider of MDCP services. You are not limited to currently enrolled MDCP providers; however, your selected provider may not be paid for any services delivered before they enroll as an MDCP provider. MDCP policy applies in the final selection of chosen providers where a bidding process is required. You may request that an agency send a different employee from their agency.
  3. You choose the MDCP services for your child recognizing:
    • the participant's needs and available resources,
    • how various MDCP services may be used.
  4. You may make minor scheduling changes for respite and adjunct supports. These changes:
    • must not leave your child without MDCP services for more than a month; and
    • must not result in an overall annual increase in services.
  5. 50 percent increase (or greater) in monthly direct services due to carryover of unused hours must have prior approval by DADS staff.
    • You have the right to receive a copy of all documentation required by MDCP for services provided.
  6. You have the right to appeal any reduction, denial, or termination of MDCP services.
  7. Your responsibilities — As parent/primary caregiver of a MDCP participant or as an independent participant, you have certain responsibilities. Failure to fulfill the responsibilities marked with an * can result in loss of eligibility for MDCP. Your responsibilities include the following:
    1. You must complete and return the required application materials within 30 days of the date of the letter that accompanied the application.
    2. You must participate in the eligibility determination process, the care planning process, and the implementation of the Individual Plan of Care (IPC).
    3. You must provide all information needed to determine financial and medical eligibility for MDCP services.
    4. You must return a signed IPC within the required time frame.
    5. You must use MDCP services monthly.
    6. You must comply with your responsibilities as outlined on this document.
    7. You must provide routine care for your child.
    8. You must use non-waiver services before using waiver services to meet your child's needs.
    9. You are responsible for your child's basic child care.
    10. You must use waiver services as described in the IPC. Among other things, this means you may not use MDCP services to serve non-MDCP participants, that you may not use respite services to meet your child care needs while you are at work, in school or in job training, and that MDCP providers will perform MDCP services only as authorized.
    11. You are responsible for selecting providers and providing training about your child to your MDCP providers.
    12. You are responsible for the monitoring and supervision of all MDCP providers.
    13. You are responsible for reporting the following events to your MDCP case manager within two working days of the event:
      • changes in your child's income, resources or living arrangement;
      • changes in your child's medical condition that are expected to be long term (improvement or worsening);
      • gain or loss of financial assistance (including Supplemental Security Income);
      • settlement of a law suit; receipt of services from other programs (e.g., Medicaid home health, CCP, other respite programs, In-home and Family Support, school services, or private insurance, etc.)
      • any changes that might affect your child's need for MDCP services;
      • problems with MDCP services or providers of service, or anytime a MDCP provider stops providing service
  8. You are responsible for maintaining the most recent seven days of DADS service delivery documentation in your home and making them available to DADS staff upon request.

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Updated: March 29, 2016