42 CFR 441.480
§ 441.480 Use of a representative.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 441.480, § 441.480 Use of a representative, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/206376
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Full text
(a) States may permit participants to appoint a representative to direct the provision of self-directed PAS on their behalf. The following types of representatives are permissible:
(1) A minor child's parent or guardian.
(2) An individual recognized under State law to act on behalf of an incapacitated adult.
(3) A State-mandated representative, after approval by CMS of the State criteria, if the participant has demonstrated, after additional counseling, information, training or assistance, the inability to self-direct PAS.
(b) A person acting as a representative for a participant receiving self-directed PAS is prohibited from acting as a provider of self-directed PAS to the participant.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.