2009 Session

Budget Amendments - HB1600 (Member Request)

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Chief Patron: Sherwood
Hospice Care Requirement for Personal Care (language only)

Item 306 #11h

Item 306 #11h

Health And Human Resources
Medical Assistance Services, Department of

Page 343, after line 50, insert:
"VVV.  The Department of Medical Assistance Services shall conform its  requirements for hospice provided personal care to federal requirements for Medicare Conditions of Participation for beneficiaries participating in any Medicaid home and community-based waiver services.  The department shall have the authority to implement this regulatory change effective July 1, 2009 and prior to the completion of any regulatory process undertaken in order to effect such change."

(This amendment directs the Department of Medical Assistance Services remove a regulatory requirement that hospices provide 21 hours per week of personal care to Medicaid beneficiaries participating in any home and community-based waiver services. Federal hospice guidelines require that Medicaid personal care benefits may be used to the extent that the hospice would routinely use the services of a hospice patient's family in implementing a patient's plan of care. Therefore, the current regulatory language requiring hospices to provide 21 hours of care per week regardless of the assessed needs of the hospice patient is in direct conflict with the federal guidelines for a newly enacted standard in the Medicare Conditions of Participation for Hospices.)