2009 Session

Budget Amendments - HB1600 (Member Request)

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Chief Patron: Hamilton
Elderly and Disabled with Consumer Direction Waiver Cap (language only)

Item 306 #22h

Item 306 #22h

Health And Human Resources
Medical Assistance Services, Department of

Page 341, strike lines 1 through 18 and insert:
“III.1.  The Department of Medical Assistance Services shall seek federal approval for the necessary changes to the 1915(c) home and community-based waiver, known as the Elderly or Disabled with Consumer Direction (EDCD) program, to cap the enrollment at 15,250 slots for a 12-month period from July 1, 2009 until June 30, 2010.
2.  By May 31, 2009, and on an ongoing basis, the department shall review EDCD waiver participants and take steps to terminate waiver enrollment for any enrollee who has not actually utilized waiver services during the previous thirty days, without good cause.  After consultation with stakeholder groups and other interested parties regarding policies related to a waiting list, the department shall develop, implement and maintain a statewide waiting list.  Criteria for the waiting list shall include the following provisions:  (i) current and potential enrollees in the Virginia Acute and Long Term Care Integration and Money Follows the Person programs and eligible persons leaving acute, institutional or rehabilitative care settings are a priority and will automatically receive a slot; (ii) eligible persons without caregivers will be given priority placement on the waiting list; and (iii) all other eligible individuals will be enrolled in the EDCD waiver as slots are available on a first-come-first-served basis statewide.  The department shall have the authority to implement this change effective July 1, 2009, and prior to the completion of any regulatory process undertaken in order to effect such change.  The department shall have emergency regulatory authority to implement this change."

(This amendment modifies language in the introduced budget which caps enrollment in the Medicaid Elderly or Disabled with Consumer Direction (EDCD) waiver program beginning July 1, 2009. Language is changed to clarify that the cap is in effect only until June 30, 2010 and is not expected to be permanent. Language also requires the department to purge the EDCD rolls of individuals who are not actually receiving services unless they have a good cause for not receiving services such as the inability to secure service providers. The language includes provisions related to the development and management of the waiting list, which would be designed with input from stakeholders and interested parties, the priority of certain individuals to receive a slot, and the management of a statewide waiting list.)