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4 | 4 | | LCO No. 4558 1 of 2 |
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5 | 5 | | |
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6 | 6 | | General Assembly Raised Bill No. 897 |
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7 | 7 | | January Session, 2019 |
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8 | 8 | | LCO No. 4558 |
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9 | 9 | | |
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10 | 10 | | |
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11 | 11 | | Referred to Committee on HUMAN SERVICES |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (HS) |
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17 | 17 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT CONCERNING A MEDICAID RECIPIENT'S RIGHT TO SELECT |
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21 | 21 | | A CAREGIVER. |
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22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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23 | 23 | | Assembly convened: |
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24 | 24 | | |
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25 | 25 | | Section 1. (NEW) (Effective July 1, 2019) (a) For purposes of this 1 |
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26 | 26 | | section, (1) "Community First Choice" means an optional service under 2 |
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27 | 27 | | the Medicaid state plan that allows an eligible Medicaid beneficiary to 3 |
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28 | 28 | | hire personal care attendants and get other services and supports to 4 |
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29 | 29 | | live independently longer at home, (2) "home and community-based 5 |
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30 | 30 | | services" means services provided under a Medicaid waiver program 6 |
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31 | 31 | | that allows a Medicaid beneficiary to live independently longer at 7 |
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32 | 32 | | home by directing his or her own care, and (3) "qualified caregiver" 8 |
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33 | 33 | | means any home health aide, homemaker-companion, personal care 9 |
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34 | 34 | | attendant or nurse's aide, licensed or registered pursuant to state law, 10 |
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35 | 35 | | regardless of whether such person is employed by an agency that 11 |
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36 | 36 | | contracts with the Department of Social Services, provided such 12 |
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37 | 37 | | caregiver is (A) an enrolled Medicaid provider or is employed by an 13 |
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38 | 38 | | enrolled Medicaid provider, (B) has passed background checks 14 |
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39 | 39 | | required under state law, (C) is available, and (D) provides specific 15 |
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40 | 40 | | services and supports to a Medicaid beneficiary as part of such 16 Raised Bill No. 897 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LCO No. 4558 2 of 2 |
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45 | 45 | | |
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46 | 46 | | beneficiary's plan of care. 17 |
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47 | 47 | | (b) The Commissioner of Social Services shall ensure that any 18 |
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48 | 48 | | Medicaid beneficiary enrolled in (1) the Community First Choice 19 |
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49 | 49 | | program, or (2) any home and community-based services program is 20 |
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50 | 50 | | able to choose a qualified caregiver to provide services and support 21 |
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51 | 51 | | necessary to allow such beneficiary to live independently longer at 22 |
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52 | 52 | | home. The commissioner shall seek federal approval, if necessary, to 23 |
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53 | 53 | | amend the Medicaid state plan or any Medicaid waiver program to 24 |
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54 | 54 | | implement the provisions of this section. 25 |
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55 | 55 | | This act shall take effect as follows and shall amend the following |
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56 | 56 | | sections: |
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57 | 57 | | |
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58 | 58 | | Section 1 July 1, 2019 New section |
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59 | 59 | | |
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60 | 60 | | Statement of Purpose: |
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61 | 61 | | To allow a Medicaid beneficiary who directs his or her own care to |
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62 | 62 | | choose a qualified caregiver regardless of whether such caregiver is an |
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63 | 63 | | employee of an agency that has a contract with the Department of |
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64 | 64 | | Social Services. |
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65 | 65 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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66 | 66 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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67 | 67 | | not underlined.] |
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68 | 68 | | |
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