§ 50-06-46 — Cross-disability advisory council - Appointment - Duties (Expired effective August 1, 2027)

August 1, 2027)
1. The cross-disability advisory council shall participate with and provide feedback to the
department regarding the implementation, planning, and design of the cross-disability
children's waiver, level of care reform for the comprehensive developmental disabilities
Medicaid home and community-based waiver, and a service option that will allow
payment to a legally responsible individual who provides extraordinary care to an
eligible individual through the Medicaid 1915(c) waivers. This subsection does not
apply to the Medicaid 1915(c) home and community-based services aged and
disabled waivers.
2. The department shall contract with a qualified, independent third party to facilitate and
provide support services to the council. The contracted facilitator and the department
shall appoint the cross-disability advisory council members in accordance with
subsection 3 and establish the length of member terms and the structure of the
cross-disability advisory council. A representative from the contracted facilitator shall
serve as the presiding officer of the advisory council.
3. The cross-disability advisory council consists of fifteen voting members who represent
a broad range of disabilities and regions of the state. The members are:
a. Two individuals with a disability, who receive Medicaid home and
community-based services;
b. One individual with a developmental disability or who is Medicaid qualified, who
does not receive Medicaid home or community-based services;
c. Seven individuals that work with individuals with disabilities, individuals with
behavioral health needs, or individuals with fetal alcohol spectrum disorder;
d. One individual representing tribal communities, with a focus on disability services;
e. Two individuals who are parents or guardians of children under the age of
eighteen with disabilities; and
f. Two individuals who are parents or guardians of individuals age eighteen or over
with disabilities.
4. Upon request of the department, state agency representatives shall participate with
the cross-disability advisory council in a nonvoting role.
5. The cross-disability advisory council shall meet at least quarterly and may appoint
subcommittees to address specific topics or disabilities, which may include autism
spectrum disorder, traumatic brain injury, and fetal alcohol spectrum disorder. A
majority of the voting members of the council constitutes a quorum.
6. The cross-disability advisory council shall:
a. Discuss strategies to address gaps or needs regarding individuals with disabilities
and Medicaid home and community-based services, including eligibility of legally
responsible individuals;
b. Provide for the active participation of stakeholders, including consumers and
providers; and
c. Receive information from the department and its consultants.

7. The cross-disability advisory council members, excluding the contracted facilitator, are
entitled to reimbursement from the department for travel and lodging at the same rate
as provided for state officers and employees.