2009 Session

Budget Amendments - SB850 (Member Request)

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Chief Patron: Howell
Elderly or Disabled with Consumer Direction Program (language only)

Item 306 #5s

Item 306 #5s

Health And Human Resources
Medical Assistance Services, Department of

Page 341, line 1, strike "Effective July 1, 2009, the" and insert "The".
Page 341, line 6, before the period, insert:
"for the twelve month period from July 1, 2009 until June 30, 2010.
a.  By May 31, 2009, and on an ongoing basis, DMAS 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 (30) days, without good cause;
b.  After consultation with stakeholder groups and other interested parties,".
Page 341, line 6, strike "The" and insert "the".
Page 341, line 7, strike "and" and insert a comma.
Page 341, line 7, after "implement" insert "and maintain".
Page 341, line 8, strike "Current" and insert:
"c.  Criteria for the waiting list shall include the following provisions: (1) current".
Page 341, line 10, after "programs" insert:
"and eligible persons leaving acute, institutional or rehabilitative care settings".
Page 341, line 11, before the period insert:
"(2) eligible persons without caregivers or whose caregivers are no longer available will be given priority placement on the waiting list; and (3)".
Page 341, line 11, strike "All" and insert "all".
Page 341, line 13, before the period insert:
"on a first-come, first-served basis statewide".
Page 341, line 13, strike, "The department shall have the".
Page 341, strike lines 14 and 15.
Page 341, strike line 16 and insert "The".

(This language amendment modifies the proposed implementation of a cap on enrollment in the Elderly or Disabled Waiver with Consumer Direction (EDCD) Program. Since its implementation, the EDCD waiver has operated without a waiting list. Because the cap on slots has been proposed due to a fiscal crisis which is not expected to be permanent, any cap imposed should be limited to a specified period of time, after which the cap will expire. The amendments also require DMAS to purge from the EDCD rolls individuals not actually using waiver services unless they have good cause for not using such services (e.g., inability to secure service providers.) The amendment also includes language relating to the development and management of the resulting waiting list. The waiting list would be designed with input from the interested parties and stakeholders, include certain priorities for people at imminent risk of institutionalization, and be directly managed by DMAS as a statewide waiting list. Finally, unnecessary regulatory authority is eliminated.)