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2026 Session

Budget Amendments - SB30 (Committee Approved)

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Fiscal Agent Employer Requirements (language only)

Item 295 #7s

Item 295 #7s

Health and Human Resources
Department of Medical Assistance Services

Language

Page 379, after line 22, insert:

"RR. The Department of Medical Assistance Services (DMAS) shall seek federal authority through the necessary state plan or 1915(c) waiver amendments submitted to the Centers for Medicare and Medicaid Services under Titles XIX and XXI of the Social Security Act to modify the program rules for consumer-directed services available through certain 1915(c) Home and Community-Based Services Medicaid Waivers to allow an individual receiving services to serve as the employer of record (EOR) for his own service delivery and designate another individual to perform all or a portion of the duties of the EOR on the individual's behalf when the individual receiving services is unable to perform such duties or direct his own care. In seeking federal authority to modify such rules, DMAS shall ensure that the employer identification number (EIN) shall be assigned to the individual receiving services and shall not be transferred to another individual except when an individual: (i) has not yet reached the age of majority; (ii) is ineligible to use his existing EIN to facilitate the taxation of benefits; or (iii) is otherwise determined to be ineligible by DMAS by administrative rule. DMAS shall have the authority to limit such state plan or 1915(c) waiver amendments to specify that an individual receiving services may make such designation no more than twice per calendar year."



Explanation

(This amendment directs the Department of Medical Assistance Services (DMAS) to update Medicaid waiver rules to allow individuals receiving consumer-directed services to serve as their own employer of record (EOR) and to designate another person to perform EOR duties when they are unable. It also requires assignment of an employer identification number to the individual receiving services in specified circumstances and limits its transfer to other individuals to no more than twice per calendar year.)