§ 40-8.10-3. Levels of care.
(a) The secretary of the executive office of health and human services shall coordinate
responsibilities for long-term-care assessment in accordance with the provisions of
this chapter. Importance shall be placed upon the proper and consistent determination
of levels of care across the state departments for each long-term-care setting, including
behavioral health residential treatment facilities, long-term-care hospitals, intermediate-care
facilities, and/or skilled nursing facilities. Specialized plans of care that meet
the needs of the individual Medicaid recipients shall be coordinated and consistent
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§ 40-8.10-3. Levels of care.
(a) The secretary of the executive office of health and human services shall coordinate
responsibilities for long-term-care assessment in accordance with the provisions of
this chapter. Importance shall be placed upon the proper and consistent determination
of levels of care across the state departments for each long-term-care setting, including
behavioral health residential treatment facilities, long-term-care hospitals, intermediate-care
facilities, and/or skilled nursing facilities. Specialized plans of care that meet
the needs of the individual Medicaid recipients shall be coordinated and consistent
across all state departments. The development of care plans shall be person-centered
and shall support individual self-determination, family involvement, when appropriate,
individual choice, and interdepartmental collaboration.
(b) Levels of care for long-term-care institutions (behavioral health residential treatment
facilities, long-term-care hospitals, intermediate-care facilities and/or skilled
nursing facilities), for which alternative community-based services and supports are
available, shall be established pursuant to § 40-8.9-9. The structure of the two (2) levels of care is as follows:
(1) Highest level of care. Individuals who are determined, based on medical need, to require the institutional
level of care will have the choice to receive services in a long-term-care institution
or in a home- and community-based setting.
(2) High level of care. Individuals who are determined, based on medical need, to benefit from home- and
community-based services.
(3) [Deleted by P.L. 2025, ch. 278, art. 8, § 7.]
(c) Determinations of levels of care and the provision of long-term-care health services
shall be determined in accordance with this section and shall be in accordance with
the applicable provisions of § 40-8.9-9.