The following provisions apply only if individual providers are employed by a consumer directed employer: (1) Consumers and prospective consumers have the right to select, schedule, supervise the work of, and dismiss any individual provider providing services to them consistent with the consumer's plan of care. (2) Nothing in this section modifies: (a) The consumer directed employer's authority to: (i) Refuse to employ an individual provider who may not be able to meet the needs of a particular consumer; (ii) Assign an individual provider who has been dismissed by a consumer to a different consumer who has selected the individual provider; (iii) Provide information to a consumer about an individual provider's work history as an employee of the consumer directed employer; or (iv) Terminate the provider's employment when the individual is not meeting the needs of the consumer. (b) The consumer's right to: (i) Assign hours to one or more individual providers consistent with this chapter, the rules adopted under this chapter, and his or her plan of care; or (ii) Dismiss an individual provider.
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