Bill Text: VA SB149 | 2024 | Regular Session | Prefiled

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Bill Title: 1915(c) Home & Community Based Services Medicaid Waivers; federal authority state plan amendments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-01 - Incorporated by Education and Health [SB149 Detail]

Download: Virginia-2024-SB149-Prefiled.html

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SENATE BILL NO. 149 Offered January 10, 2024 Prefiled January 5, 2024 A BILL to direct the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to submit state plan amendments to the Centers for Medicare and Medicaid Services to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers. ---------- Patron-- Suetterlein ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. §1. That the Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services (DBHDS) shall submit state plan amendments to the Centers for Medicare and Medicaid Services to seek to modify the program rules for the following 1915(c) Home and Community Based Services (HCBS) Medicaid Waivers: Community Living Waiver, Family and Individual Support Waiver, and Commonwealth Coordinated Care Plus Waiver. DMAS and DBHDS shall submit state plan amendments to the Centers for Medicare and Medicaid Services for the following:

1. Eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else is available to provide services to the member;

2. Modify the program rules to allow for respite services when the legally responsible individual is the unpaid caregiver; and

3. When a member under the age of 18 receives personal care through consumer direction, as defined in 12VAC30-122-20, modify the program rules to allow a legally responsible individual or stepparent to be the employer of record.