(1) As used in this section: (a) Assessed hours means the number of hours of direct support services that the Department of Human Services determines is needed by an individual in a month. (b) Client means an individual who enrolls with an agency that provides direct support services to the individual. (2) An agency that employs staff to provide direct support services may not: (a) Offer bonus prizes or other forms of consideration to a potential client in exchange for the client enrolling with the agency; (b) Offer bonus payments, prizes, wage enhancements or other forms of consideration to direct support staff in exchange for the direct support staff agreeing to work for the agency; (c) Require a client to commit the majority of the clients assessed hours to the agency as a condition of enrollment; (d) Limit services only to individuals who agree to bring the individuals direct support staff to the agency; (e) Require direct support staff, as a condition of employment with the agency, to bring to the agency the individuals to whom the direct support staff provide services; (f) Enroll only clients who receive direct support services exclusively from family members or close associates of the client; or (g) Facilitate financial exploitation by engaging in targeted communications that encourage a health care provider to steer a client to the agency. (3) It is solely the choice of an individual to select an agency to provide direct support services. PENALTIES
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