LCO No. 4558 1 of 2
General Assembly Raised Bill No. 897
January Session, 2019
LCO No. 4558
Referred to Committee on HUMAN SERVICES
Introduced by:
(HS)
AN ACT CONCERNING A MEDICAID RECIPIENT'S RIGHT TO SELECT
A CAREGIVER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) For purposes of this 1
section, (1) "Community First Choice" means an optional service under 2
the Medicaid state plan that allows an eligible Medicaid beneficiary to 3
hire personal care attendants and get other services and supports to 4
live independently longer at home, (2) "home and community-based 5
services" means services provided under a Medicaid waiver program 6
that allows a Medicaid beneficiary to live independently longer at 7
home by directing his or her own care, and (3) "qualified caregiver" 8
means any home health aide, homemaker-companion, personal care 9
attendant or nurse's aide, licensed or registered pursuant to state law, 10
regardless of whether such person is employed by an agency that 11
contracts with the Department of Social Services, provided such 12
caregiver is (A) an enrolled Medicaid provider or is employed by an 13
enrolled Medicaid provider, (B) has passed background checks 14
required under state law, (C) is available, and (D) provides specific 15
services and supports to a Medicaid beneficiary as part of such 16 Raised Bill No. 897
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beneficiary's plan of care. 17
(b) The Commissioner of Social Services shall ensure that any 18
Medicaid beneficiary enrolled in (1) the Community First Choice 19
program, or (2) any home and community-based services program is 20
able to choose a qualified caregiver to provide services and support 21
necessary to allow such beneficiary to live independently longer at 22
home. The commissioner shall seek federal approval, if necessary, to 23
amend the Medicaid state plan or any Medicaid waiver program to 24
implement the provisions of this section. 25
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 New section
Statement of Purpose:
To allow a Medicaid beneficiary who directs his or her own care to
choose a qualified caregiver regardless of whether such caregiver is an
employee of an agency that has a contract with the Department of
Social Services.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]