§ 40-18-1. Purpose.
(a) The director of the department of human services, in addition to the medical assistance
benefits provided in chapter 8 of this title, shall maintain and coordinate a program
of long-term home health care. The purpose of the program of long-term home health
care is to provide in-hospital eligible patients, who would be discharged to a skilled
nursing facility and/or an intermediate-care facility, with a viable alternative to
placement in a skilled nursing facility and/or intermediate-care facility. The director
shall utilize a federally approved home- and community-based service waiver to provide
a viable al
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§ 40-18-1. Purpose.
(a) The director of the department of human services, in addition to the medical assistance
benefits provided in chapter 8 of this title, shall maintain and coordinate a program
of long-term home health care. The purpose of the program of long-term home health
care is to provide in-hospital eligible patients, who would be discharged to a skilled
nursing facility and/or an intermediate-care facility, with a viable alternative to
placement in a skilled nursing facility and/or intermediate-care facility. The director
shall utilize a federally approved home- and community-based service waiver to provide
a viable alternative. The hereinafter listed services shall be an integral part of
the viable alternative.
(b) In addition, the director of the department of human services shall utilize any and
all other available departmental resources and community resources to enhance and
expand the provision of long-term home health care as the viable alternative to placement
in a skilled nursing facility and/or an intermediate-care facility. These resources
shall be used to strengthen and expand home- and community-based long-term-care services,
which will help people stay at home for care when this is an appropriate alternative
to nursing facility care.
(c) In furtherance of subsections (a) and (b) above, the department of human services
is authorized and directed to seek any waiver(s) required by the United States Department
of Health and Human Services in accordance with otherwise applicable requirements
of Title XIX of the federal Social Security Act to establish an enhancement of the
program for the provision of adult daycare services and home-based services. The department
of human services is directed to seek the waiver(s) in order to claim federal financial
participation for the services that shall be provided to residents of the state who
are deemed to be in need of adult daycare services and/or home-based services and
whose incomes are no greater than two hundred fifty percent (250%) of the federal
poverty level.
(d) Upon receipt of the waiver approval(s) referred to in subsection (c) above from the
United States Department of Health and Human Services, the department of human services
shall file with the house and senate finance committees a report of the terms and
conditions of these approved waiver(s) together with a detailed plan for the implementation
of them within the aggregate general revenue appropriations for adult daycare and
home-based services benefits and administrative costs provided for in the enacted
budget for state fiscal year 2003; and, provided further, that any reallocations of
these general revenue appropriations between or among departments and/or appropriation
line items necessary to implement the approved waiver(s), and/or adjustments to federal
revenue appropriations consistent with these waiver approval(s), shall be submitted
to the general assembly by the governor in the supplemental appropriations act for
state fiscal year 2003 in accordance with § 35-3-8.