SB 488

Abstract

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services to seek federal authority through the necessary state plan amendments under Titles XIX and XXI of the Social Security Act to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) modify the 40-hour-per-week work limit to allow legally responsible individuals with more than one waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver; (ii) eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else be available to provide services to the member; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record. The bill directs DMAS to evaluate the possibility of allowing for respite services under certain 1915(c) Home and Community Based Services Medicaid Waivers and submit its recommendations, cost estimate, and methodology used for obtaining the cost estimate to the General Assembly no later than November 1, 2024. This bill incorporates SB 149 and is identical to HB 909.

Department of Medical Assistance Services; legally responsible person; personal care services; review; report. Directs the Department of Medical Assistance Services to review the requirements related to payment to legally responsible individuals for personal care services. The bill requires the Department of Medical Assistance Services to report by December 1, 2024 to the House Committee on Appropriations and the Senate Committee on Finance and Appropriations on the results of its review and provide recommendations on program modifications related to payments to legally responsible individuals for personal care services. This bill incorporates SB 149.

Department of Medical Assistance Services; Departmentof Behavioral Health and Developmental Services; 1915(c) Home andCommunity Based Services Medicaid Waivers; state plan amendments;program rule modifications. Directs the Department of MedicalAssistance Services and the Department of Behavioral Health and DevelopmentalServices to seek federal authority through the necessary state planamendments under Titles XIX and XXI of the Social Security Act toseek to modify the program rules for certain 1915(c) Home and CommunityBased Services Medicaid Waivers to (i) modify the 40-hour-per-weekwork limit to allow legally responsible individuals with more thanone waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver; (ii) eliminate therequirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else beavailable to provide services to the member; and (iii) modify theprogram rules to allow a legally responsible individual or stepparentto be the employer of record.