(a) The secretary has authority over the terms and conditions of individual providers’ employment, including compensation as required under § 40-8.15-14, payment, benefit terms, provider qualification standards, other appropriate terms and conditions for the workforce of individual providers without infringing on participants’ or participant representatives’ rights and responsibilities to hire, direct, supervise, and/or terminate the employment of their individual providers, and orientation, training, and the operation of a registry as required under § 40-8.15-15. (b) The secretary’s authority in subsection (a) of this section only applies to self-directed personal care services and is subject to the state’s obligation to meet and negotiate with a provider representative pursuant to § 40-8.15-16. (c) Notwithstanding the state’s obligations to meet and negotiate under chapter 7 of title 28, nothing in this chapter shall be construed to make individual providers employees of the state for any purpose, including for the purposes of eligibility for the state employee pension program or state employee health benefits.
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