2001 Session

Budget Amendments - HB1600 (Member Request)

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Chief Patron: Clement
Transfer MR Waiver Funding & Respons. to DMHMRSAS

Item 329 #3h

Item 329 #3h

First Year - FY2001 Second Year - FY2002
Health And Human Resources
Grants To Localities FY2001 $80,601,757 FY2002 $88,014,958 GF

Page 328, line 9, strike "$225,457,669" and insert "$306,059,426".
Page 328, line 10, strike "$228,141,860" and insert "$316,156,818".

(This amendment transfers the funding for the mental retardation waiver program from the Department of Medical Assistance Services back to the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS). The 2000 General Assembly had transferred the funding for this program to DMAS beginning July 1, 2001 on the assumption that it would ease some of the administrative burdens of transferring general fund match from Community Services Boards allocations to DMAS for the purposes of drawing down federal Medicaid funds. Language required the responsibility for the policy-making and programmatic requirements to remain with DMHMRSAS; however, this has not occurred. Instead, DMAS assumed operational responsibility for the waiver program on July 1, 2000, contrary to the intent of the 2000 General Assembly. This resulted in delays of at least two months in providing services to mentally retarded individuals who were facing emergency situations. In addition, provider payments under the waiver were delayed and requests for additional services for individuals already receiving waiver services were denied because they did not meet new emergency criteria imposed by the Department of Medical Assistance Services. A federal court judge has since ruled that the use of these emergency criteria for additional services for waiver recipients could not be applied. A companion amendment in Item 319 adds language providing DMHMRSAS with the operation authority to operate the home- and community-based waiver for retardation services as well as any new or revised waiver.)