2015 Session

Budget Amendments - HB1400 (Member Request)

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Chief Patron: Peace
Cap Overtime Hours for Consumer-directed Personal Care Attendants (language only)

Item 301 #20h

Item 301 #20h

Health and Human Resources
Medical Assistance Services, Department of

Page 280, strike lines 40 through 53 and insert:
"MMMM.1. The Department of Medical Assistance Services shall amend the State Plan under Title XIX of the Social Security Act, and any necessary waivers to provide wage protections for attendants through Medicaid-reimbursed consumer-directed (CD) personal assistance, respite and companion services as follows: (i) the Department shall not authorize payments beyond 40 hours per week; (ii) the Department may require that an Employer of Record (EOR) act on behalf of only one individual except when there is more than one individual in the same household receiving these services; (iii) the Department may limit attendants to be employed by only one EOR. The Department shall have authority to implement this and any additional necessary changes effective July 1, 2015, in order to conform state regulations to allay any fiscal impact associated with the October 1, 2013, changes to 29 CFR Part 552. The Department shall implement these necessary regulatory changes and other necessary measures to be consistent with federal approval of any appropriate state plan and/or waiver changes, and prior to the completion of any regulatory process undertaken in order to effect such change.
2. Savings achieved by the limit of consumer-directed personal care hours and other limits implement pursuant to paragraph MMMM.1., shall be used to provide an increase in the Medicaid reimbursement rates for agency directed personal care and private duty nursing provided through Medicaid home- and community-based waiver services.  Such increase shall not exceed 2.3%."

(This amendment modifies the proposal contained in the introduced budget limiting overtime payments for consumer-directed personal care attendants, which responded to U.S. Department of Labor regulations requiring overtime payments for these workers. However, the U.S. District Court, for the District of Columbia has vacated the regulations requiring overtime. This language ensures that the Department does not authorize payments for these services over 40 hours per week and prohibits the Department from serving as the employer of record for these workers. Finally, it allocates any savings from these limitations to a rate increase not to exceed 2.3 percent for agency directed personal care and private duty nursing.)