Section 51.32. Back-up plans

(a) A provider shall develop and provide detailed information on the back-up plan for each HCBS the provider renders for a participant to the participant and the SC for inclusion in the ISP.

(b) A provider shall develop a written protocol to ensure the successful implementation of each participant’s back-up plan that contains information that:

(1) Assures and verifies the HCBS is being provided at the frequency and duration established in the participant’s ISP.

(2) Verifies that the HCBS is provided during a change in staff, such as shift changes or changes in staffing patterns.

(c) A provider shall implement the participant’s back-up plan when a participant is available for the authorized HCBS to be delivered and an event occurs which requires the provider to implement the back-up plan so the HCBS continues to be rendered as specified in the approved ISP.

(d) A deviation in frequency or duration of HCBS as specified in the ISP due to failure to implement a back-up plan when a participant is available to receive the HCBS will result in an incident report of provider neglect as specified in § 51.17 (relating to incident management).

(e) This section does not apply to an SSW provider.