C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 441—SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES › Subpart J—Optional Self-Directed Personal Assistance Services Program

42 C.F.R. § 441.454

Use of cash

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(a) States have the option of disbursing cash prospectively to participants, or their representatives, as applicable, self-directing their PAS.

(b) States that choose to offer the cash option must ensure compliance with all applicable requirements of the Internal Revenue Service, including, but not limited to, retaining required forms and payment of FICA, FUTA and State unemployment taxes.

(c) States must permit participants, or their representatives, as applicable, using the cash option to choose to use the financial management entity for some or all of the functions described in § 441.484(c).

(d) States must make available a financial management entity to a participant, or the participant's representative, if applicable, who has demonstrated, after additional counseling, information, training, or assistance, that the participant cannot effectively manage the cash option described in paragraph (a) of this section.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Knight v. Pub. Partnerships, LLC (E.D. Pa. 2021).
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Knight v. Pub. Partnerships, LLC (E.D. Pa. 2021). “See 42 C.F.R. §§ 441.454 , 484(a)(2). Defendant provides financial management services to PEs participating in the Self-Directed Services model under a Grant Agreement with OLTL.”
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