Bill Text: OH SB87 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To implement recommendations of the Unified Long-Term Care Budget Workgroup.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-02-22 - To Health, Human Services, & Aging [SB87 Detail]
Download: Ohio-2011-SB87-Introduced.html
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Senators Tavares, Schiavoni
Cosponsor:
Senator Skindell
To amend sections 122.63, 5111.16, 5111.85, 5111.861, | 1 |
5111.89, and 5111.891 and to enact sections | 2 |
175.14, 2305.2310, 5111.161, 5111.862, and | 3 |
5111.895 of the Revised Code to implement | 4 |
recommendations of the Unified Long-Term Care | 5 |
Budget Workgroup. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 122.63, 5111.16, 5111.85, 5111.861, | 7 |
5111.89, and 5111.891 be amended and sections 175.14, 2305.2310, | 8 |
5111.161, 5111.862, and 5111.895 of the Revised Code be enacted to | 9 |
read as follows: | 10 |
Sec. 122.63. The department of development shall: | 11 |
(A) Provide technical assistance to sponsors, homeowners, | 12 |
private developers, contractors, and other appropriate persons on | 13 |
matters relating to housing needs and the development, | 14 |
construction, financing, operation, management, and evaluation of | 15 |
housing developments; | 16 |
(B) Carry out continuing studies and analyses of the housing | 17 |
needs of this state and, after conducting public hearings, prepare | 18 |
annually a plan of housing needs, primarily for the use of the | 19 |
department. The plan, copies of which shall be filed with the | 20 |
speaker of the house of representatives and the president of the | 21 |
senate for distribution to the members of the general assembly, | 22 |
shall: | 23 |
(1) Establish areawide housing needs, including existing and | 24 |
projected needs for the provision of an adequate supply of decent, | 25 |
safe, and sanitary housing for low- and moderate-income persons, | 26 |
including housing that may require utilization of state or federal | 27 |
assistance; | 28 |
(2) Establish priorities for housing needs, taking into | 29 |
account the availability of and need for conserving land and other | 30 |
natural resources; | 31 |
(3) Be coordinated with other housing and related planning of | 32 |
the state and of regional planning agencies. | 33 |
(C) Carry out the provisions of Chapter 3735. of the Revised | 34 |
Code relating to metropolitan housing authorities; | 35 |
(D) Carry out the provisions of sections 174.01 to 174.07 of | 36 |
the Revised Code relating to the low- and moderate-income housing | 37 |
trust fund; | 38 |
(E) Request a waiver from the federal government in order to | 39 |
implement a pilot program that would instruct public housing | 40 |
agencies operating under Part IX of Title 24 of the Code of | 41 |
Federal Regulations to give priority to finding housing to | 42 |
individuals who are transitioning from a long-term care facility, | 43 |
as defined in section 175.14 of the Revised Code, or who are at | 44 |
risk of immediate admission to such a long-term care facility. | 45 |
Sec. 175.14. (A) As used in this section, "long-term care | 46 |
facility" means all of the following: | 47 |
(1) A nursing home licensed under section 3721.02 or 3721.09 | 48 |
of the Revised Code; | 49 |
(2) A county home or district home operated under Chapter | 50 |
5155. of the Revised Code; | 51 |
(3) A county nursing home as defined in section 5155.31 of | 52 |
the Revised Code. | 53 |
(B) The Ohio housing finance agency, in providing rental, | 54 |
homeownership, and program assistance, shall adopt a mechanism to | 55 |
give priority to placing and aiding individuals who are | 56 |
transitioning from a long-term care facility or who are at risk of | 57 |
immediate admission to a long-term care facility. | 58 |
Sec. 2305.2310. (A) As used in this section: | 59 |
"Community-based long-term care services" and "recipient" | 60 |
have the same meanings as in section 173.14 of the Revised Code. | 61 |
"Volunteer" means an individual who provides a service | 62 |
without the expectation of receiving and without receipt of any | 63 |
compensation or other form of remuneration from any person or | 64 |
governmental entity. | 65 |
(B) An individual is not liable in a civil action for damage | 66 |
resulting from conveying in a motor vehicle, as a volunteer, a | 67 |
recipient pursuant to a transportation service included in a | 68 |
community-based long-term care service, unless the individual's | 69 |
action that causes the damage constitutes willful or wanton | 70 |
misconduct. | 71 |
Sec. 5111.16. (A) As part of the medicaid program, the | 72 |
department of job and family services shall establish a care | 73 |
management system. The department shall submit, if necessary, | 74 |
applications to the United States department of health and human | 75 |
services for waivers of federal medicaid requirements that would | 76 |
otherwise be violated in the implementation of the system. | 77 |
(B) The department shall implement the care management system | 78 |
in some or all counties and shall designate the medicaid | 79 |
recipients who are required or permitted to participate in the | 80 |
system. In the department's implementation of the system and | 81 |
designation of participants, all of the following apply: | 82 |
(1) In the case of individuals who receive medicaid on the | 83 |
basis of being included in the category identified by the | 84 |
department as covered families and children, the department shall | 85 |
implement the care management system in all counties. All | 86 |
individuals included in the category shall be designated for | 87 |
participation, except for individuals included in one or more of | 88 |
the medicaid recipient groups specified in 42 C.F.R. 438.50(d). | 89 |
The department shall ensure that all participants are enrolled in | 90 |
health insuring corporations under contract with the department | 91 |
pursuant to section 5111.17 of the Revised Code. | 92 |
(2) In the case of individuals who receive medicaid on the | 93 |
basis of being aged, blind, or disabled, as specified in division | 94 |
(A)(2) of section 5111.01 of the Revised Code, the department | 95 |
shall implement the care management system in all counties. | 96 |
Except as provided in division (C) of this section, all | 97 |
individuals included in the category shall be designated for | 98 |
participation | 99 |
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all participants are enrolled in health insuring corporations | 101 |
under contract with the department pursuant to section 5111.17 of | 102 |
the Revised Code. | 103 |
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(3) Alcohol, drug addiction, and mental health services | 119 |
covered by medicaid shall not be included in any component of the | 120 |
care management system when the nonfederal share of the cost of | 121 |
those services is provided by a board of alcohol, drug addiction, | 122 |
and mental health services or a state agency other than the | 123 |
department of job and family services, but the recipients of those | 124 |
services may otherwise be designated for participation in the | 125 |
system. | 126 |
(C) In designating participants who receive medicaid on the | 127 |
basis of being aged, blind, or disabled for participation in the | 128 |
care management system, the department shall not include, except | 129 |
as provided in section 5111.161 of the Revised Code, any of the | 130 |
following: | 131 |
(1) Individuals who are under twenty-one years of age; | 132 |
(2) Individuals who are institutionalized; | 133 |
(3) Individuals who become eligible for medicaid by spending | 134 |
down their income or resources to a level that meets the medicaid | 135 |
program's financial eligibility requirements; | 136 |
(4) Individuals who are dually eligible under the medicaid | 137 |
program and the medicare program established under Title XVIII of | 138 |
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as | 139 |
amended; | 140 |
(5) Individuals to the extent that they are receiving | 141 |
medicaid services through a medicaid waiver component, as defined | 142 |
in section 5111.85 of the Revised Code. | 143 |
(D) Subject to division (B) of this section, the department | 144 |
may do both of the following under the care management system: | 145 |
(1) Require or permit participants in the system to obtain | 146 |
health care services from providers designated by the department; | 147 |
(2) Require or permit participants in the system to obtain | 148 |
health care services through managed care organizations under | 149 |
contract with the department pursuant to section 5111.17 of the | 150 |
Revised Code. | 151 |
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the care management system. The report shall address the | 153 |
department's ability to implement the system, including all of the | 154 |
following components: | 155 |
(a) The required designation of participants included in the | 156 |
category identified by the department as covered families and | 157 |
children; | 158 |
(b) The required designation of participants included in the | 159 |
aged, blind, or disabled category of medicaid recipients; | 160 |
(c) The use of any programs for enhanced care management. | 161 |
(2) The department shall submit each annual report to the | 162 |
general assembly. The first report shall be submitted not later | 163 |
than October 1, 2007. | 164 |
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rules in accordance with Chapter 119. of the Revised Code to | 166 |
implement this section. | 167 |
Sec. 5111.161. (A) As used in this section: | 168 |
"Full-benefit dual eligible individual" has the same meaning | 169 |
as in section 1935(c)(6) of the "Social Security Act," 117 Stat. | 170 |
2157 (2003), 42 U.S.C. 1396u-5(c)(6), as amended. | 171 |
"Specialized MA plan for special needs individuals" has the | 172 |
same meaning as in section 1859(b)(6)(A) of the "Social Security | 173 |
Act," 117 Stat. 2207 (2003), 42 U.S.C. 1395w-28(b)(6)(A), as | 174 |
amended. | 175 |
"Unified long-term care budget workgroup" means the workgroup | 176 |
created by Section 209.40 of Am. Sub. H.B. 1 of the 128th general | 177 |
assembly or a successor to that workgroup. | 178 |
(B) In addition to designating individuals for participation | 179 |
in the care management system in accordance with division (B) of | 180 |
section 5111.16 of the Revised Code and subject to division (D) of | 181 |
this section, the department of job and family services shall | 182 |
permit an individual to participate in the care management system | 183 |
if all of the following apply: | 184 |
(1) The individual receives medicaid on the basis of being | 185 |
aged, blind, or disabled. | 186 |
(2) The individual is a full-benefit dual eligible | 187 |
individual. | 188 |
(3) The individual is enrolled in a specialized MA plan for | 189 |
special needs individuals. | 190 |
(4) The individual volunteers to participate in the care | 191 |
management system. | 192 |
(C) In permitting an individual to participate in the care | 193 |
management system pursuant to division (B) of this section, the | 194 |
department shall do both of the following: | 195 |
(1) Arrange for the individual to enroll in a health insuring | 196 |
corporation that is under contract with the department pursuant to | 197 |
section 5111.17 of the Revised Code to provide, or arrange for the | 198 |
provision of, health care services that the individual receives | 199 |
under medicaid; | 200 |
(2) Take into consideration the recommendations of the | 201 |
unified long-term care budget workgroup concerning the integration | 202 |
of full-benefit dual eligible individuals into the care management | 203 |
system. | 204 |
(D) The department shall not implement this section until | 205 |
receiving a waiver sought under division (A) of section 5111.16 of | 206 |
the Revised Code if implementation of this section would otherwise | 207 |
violate a federal medicaid requirement. | 208 |
Sec. 5111.85. (A) As used in this section and sections | 209 |
5111.851 to 5111.856 of the Revised Code: | 210 |
"Home and community-based services medicaid waiver component" | 211 |
means a medicaid waiver component under which home and | 212 |
community-based services are provided as an alternative to | 213 |
hospital, nursing facility, or intermediate care facility for the | 214 |
mentally retarded services. | 215 |
"Hospital" has the same meaning as in section 3727.01 of the | 216 |
Revised Code. | 217 |
"Intermediate care facility for the mentally retarded" has | 218 |
the same meaning as in section 5111.20 of the Revised Code. | 219 |
"Medicaid waiver component" means a component of the medicaid | 220 |
program authorized by a waiver granted by the United States | 221 |
department of health and human services under section 1115 or 1915 | 222 |
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 223 |
1315 or 1396n. "Medicaid waiver component" does not include a care | 224 |
management system established under section 5111.16 of the Revised | 225 |
Code. | 226 |
"Nursing facility" has the same meaning as in section 5111.20 | 227 |
of the Revised Code. | 228 |
(B) The director of job and family services may adopt rules | 229 |
under Chapter 119. of the Revised Code governing medicaid waiver | 230 |
components that establish all of the following: | 231 |
(1) Eligibility requirements for the medicaid waiver | 232 |
components; | 233 |
(2) The type, amount, duration, and scope of services the | 234 |
medicaid waiver components provide; | 235 |
(3) The conditions under which the medicaid waiver components | 236 |
cover services; | 237 |
(4) The amount the medicaid waiver components pay for | 238 |
services or the method by which the amount is determined; | 239 |
(5) The manner in which the medicaid waiver components pay | 240 |
for services; | 241 |
(6) Safeguards for the health and welfare of medicaid | 242 |
recipients receiving services under a medicaid waiver component; | 243 |
(7) Procedures for both of the following: | 244 |
(a) Identifying individuals who meet all of the following | 245 |
requirements: | 246 |
(i) Are eligible for a home and community-based services | 247 |
medicaid waiver component and on a waiting list for the component; | 248 |
(ii) Are receiving inpatient hospital services or residing in | 249 |
an intermediate care facility for the mentally retarded or nursing | 250 |
facility (as appropriate for the component); | 251 |
(iii) Choose to be enrolled in the component. | 252 |
(b) Approving the enrollment of individuals identified under | 253 |
the procedures established under division (B)(7)(a) of this | 254 |
section into the home and community-based services medicaid waiver | 255 |
component. | 256 |
(8) Procedures for enforcing the rules, including | 257 |
establishing corrective action plans for, and imposing financial | 258 |
and administrative sanctions on, persons and government entities | 259 |
that violate the rules. Sanctions shall include terminating | 260 |
medicaid provider agreements. The procedures shall include due | 261 |
process protections. | 262 |
(9) Other policies necessary for the efficient administration | 263 |
of the medicaid waiver components. | 264 |
(C) The director of job and family services may adopt | 265 |
different rules for the different medicaid waiver components. The | 266 |
rules shall be consistent with the terms of the waiver authorizing | 267 |
the medicaid waiver component. | 268 |
(D) | 269 |
division (B)(7) of this section: | 270 |
(1) Any such procedures established for the PASSPORT program | 271 |
shall be consistent with section 173.401 of the Revised Code. | 272 |
(2) Any such procedures established for Ohio home care shall | 273 |
be consistent with section 5111.862 of the Revised Code. | 274 |
(3) Any such procedures established | 275 |
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with section 5111.894 of the Revised Code. | 277 |
Sec. 5111.861. (A) As used in this section: | 278 |
(1) "Assisted living program" means the medicaid waiver | 279 |
component created under section 5111.89 of the Revised Code. | 280 |
(2) "Choices program" means the medicaid waiver component | 281 |
created under section 173.403 of the Revised Code. | 282 |
(3) "Medicaid waiver component" has the same meaning as in | 283 |
section 5111.85 of the Revised Code. | 284 |
(4) "PASSPORT program" means the medicaid waiver component | 285 |
created under section 173.40 of the Revised Code. | 286 |
(B) The director of job and family services shall submit a | 287 |
request to the United States secretary of health and human | 288 |
services pursuant to 42 U.S.C. 1396n to obtain a federal medicaid | 289 |
waiver that consolidates the following medicaid waiver components | 290 |
into one medicaid waiver component: | 291 |
(1) The assisted living program; | 292 |
(2) The choices program; | 293 |
(3) The PASSPORT program. | 294 |
(C) In seeking a consolidated federal medicaid waiver under | 295 |
this section, the director of job and family services shall work | 296 |
with the director of aging and provide for the waiver to do all of | 297 |
the following: | 298 |
(1) For the part of the waiver that concerns the assisted | 299 |
living program, include the provisions that sections 5111.89 to | 300 |
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living program; | 302 |
(2) For the part of the waiver that concerns the choices | 303 |
program, include the provisions that section 173.403 of the | 304 |
Revised Code establish for the choices program; | 305 |
(3) For the part of the waiver that concerns the PASSPORT | 306 |
program, include the provisions that sections 173.40 to 173.402 of | 307 |
the Revised Code establish for the PASSPORT program; | 308 |
(4) For each part of the waiver, including the part that | 309 |
concerns the choices program, be available statewide. | 310 |
(D) If the United States secretary approves the consolidated | 311 |
federal medicaid waiver sought under this section, all of the | 312 |
following shall apply: | 313 |
(1) The department of job and family services shall enter | 314 |
into a contract with the department of aging under section 5111.91 | 315 |
of the Revised Code for the department of aging to administer the | 316 |
consolidated federal medicaid waiver, except that the department | 317 |
of job and family services, rather than the department of aging, | 318 |
shall administer the part of the waiver that concerns the assisted | 319 |
living program if the director of budget and management does not | 320 |
approve the contract; | 321 |
(2) The director of job and family services shall adopt rules | 322 |
under section 5111.85 of the Revised Code to authorize the | 323 |
director of aging to adopt rules in accordance with Chapter 119. | 324 |
of the Revised Code that are needed to implement the consolidated | 325 |
federal medicaid waiver, except that the director of job and | 326 |
family services shall adopt rules under section 5111.85 of the | 327 |
Revised Code that are needed to implement the part of the waiver | 328 |
that concerns the assisted living program if the director of | 329 |
budget and management does not approve the contract the | 330 |
departments of job and family services and aging enter into under | 331 |
division (D)(1) of this section; | 332 |
(3) Any statutory reference to the assisted living program | 333 |
shall mean the part of the consolidated federal medicaid waiver | 334 |
that concerns the assisted living program; | 335 |
(4) Any statutory reference to the choices program shall mean | 336 |
the part of the consolidated federal medicaid waiver that concerns | 337 |
the choices program; | 338 |
(5) Any statutory references to the PASSPORT program shall | 339 |
mean the part of the consolidated federal medicaid waiver that | 340 |
concerns the PASSPORT program. | 341 |
Sec. 5111.862. (A) As used in this section: | 342 |
"Nursing facility" has the same meaning as in section 5111.20 | 343 |
of the Revised Code. | 344 |
"Ohio home care" means the medicaid waiver component, as | 345 |
defined in section 5111.85 of the Revised Code, that is known as | 346 |
Ohio home care and is administered by the department of job and | 347 |
family services pursuant to a waiver granted by the United States | 348 |
secretary of health and human services under section 1915(c) of | 349 |
the "Social Security Act," 95 Stat. 812 (1981), 42 U.S.C. | 350 |
1396n(c), as amended. | 351 |
(B) The department of job and family services shall establish | 352 |
a home first component of Ohio home care under which eligible | 353 |
individuals may be enrolled in Ohio home care in accordance with | 354 |
this section. An individual is eligible for Ohio home care's home | 355 |
first component if all of the following apply: | 356 |
(1) The individual is eligible for Ohio home care. | 357 |
(2) The individual is on a waiting list for Ohio home care. | 358 |
(3) At least one of the following applies: | 359 |
(a) The individual has been admitted to a nursing facility. | 360 |
(b) A physician has determined and documented in writing that | 361 |
the individual has a medical condition that, unless the individual | 362 |
is enrolled in home and community-based services such as Ohio home | 363 |
care, will require the individual to be admitted to a nursing | 364 |
facility within thirty days of the physician's determination. | 365 |
(c) The individual has been hospitalized and a physician has | 366 |
determined and documented in writing that, unless the individual | 367 |
is enrolled in home and community-based services such as Ohio home | 368 |
care, the individual is to be transported directly from the | 369 |
hospital to a nursing facility and admitted. | 370 |
(C) Each month, each county department of job and family | 371 |
services shall identify individuals residing in the county that | 372 |
the county department serves who are eligible for the home first | 373 |
component of Ohio home care. When a county department identifies | 374 |
such an individual, the county department shall determine whether | 375 |
Ohio home care is appropriate for the individual and whether the | 376 |
individual would rather participate in Ohio home care than | 377 |
continue or begin to reside in a nursing facility. If the county | 378 |
department determines that Ohio home care is appropriate for the | 379 |
individual and the individual would rather participate in Ohio | 380 |
home care than continue or begin to reside in a nursing facility, | 381 |
the county department shall so notify the state department of job | 382 |
and family services. On receipt of the notice from the county | 383 |
department, the state department shall approve the individual's | 384 |
enrollment in Ohio home care regardless of the waiting list for | 385 |
Ohio home care, unless the enrollment would cause Ohio home care | 386 |
to exceed any limit on the number of individuals who may be | 387 |
enrolled in the waiver as set by the United States secretary of | 388 |
health and human services in the waiver authorizing Ohio home | 389 |
care. | 390 |
(D) Each quarter, the state department of job and family | 391 |
services shall certify to the director of budget and management | 392 |
the estimated increase in costs of Ohio home care resulting from | 393 |
enrollment of individuals in Ohio home care pursuant to this | 394 |
section. | 395 |
Sec. 5111.89. (A) As used in sections 5111.89 to | 396 |
5111.895 of the Revised Code: | 397 |
"Area agency on aging" has the same meaning as in section | 398 |
173.14 of the Revised Code. | 399 |
"Assisted living program" means the program created under | 400 |
this section. | 401 |
"Assisted living services" means the following home and | 402 |
community-based services: personal care, homemaker, chore, | 403 |
attendant care, companion, medication oversight, and therapeutic | 404 |
social and recreational programming. | 405 |
"County or district home" means a county or district home | 406 |
operated under Chapter 5155. of the Revised Code. | 407 |
"Long-term care consultation program" means the program the | 408 |
department of aging is required to develop under section 173.42 of | 409 |
the Revised Code. | 410 |
"Long-term care consultation program administrator" or | 411 |
"administrator" means the department of aging or, if the | 412 |
department contracts with an area agency on aging or other entity | 413 |
to administer the long-term care consultation program for a | 414 |
particular area, that agency or entity. | 415 |
"Medicaid waiver component" has the same meaning as in | 416 |
section 5111.85 of the Revised Code. | 417 |
"Nursing facility" has the same meaning as in section 5111.20 | 418 |
of the Revised Code. | 419 |
"Residential care facility" has the same meaning as in | 420 |
section 3721.01 of the Revised Code. | 421 |
"State administrative agency" means the department of job and | 422 |
family services if the department of job and family services | 423 |
administers the assisted living program or the department of aging | 424 |
if the department of aging administers the assisted living | 425 |
program. | 426 |
(B) There is hereby created the assisted living program. The | 427 |
program shall provide assisted living services to individuals who | 428 |
meet the program's eligibility requirements established under | 429 |
section 5111.891 of the Revised Code. The program may not serve | 430 |
more individuals than the number that is set by the United States | 431 |
secretary of health and human services when the medicaid waiver | 432 |
authorizing the program is approved. The program shall be operated | 433 |
as a separate medicaid waiver component until the United States | 434 |
secretary approves the consolidated federal medicaid waiver sought | 435 |
under section 5111.861 of the Revised Code. The program shall be | 436 |
part of the consolidated federal medicaid waiver sought under that | 437 |
section if the United States secretary approves the waiver. | 438 |
If the director of budget and management approves the | 439 |
contract, the department of job and family services shall enter | 440 |
into a contract with the department of aging under section 5111.91 | 441 |
of the Revised Code that provides for the department of aging to | 442 |
administer the assisted living program. The contract shall include | 443 |
an estimate of the program's costs. | 444 |
The director of job and family services may adopt rules under | 445 |
section 5111.85 of the Revised Code regarding the assisted living | 446 |
program. The director of aging may adopt rules under Chapter 119. | 447 |
of the Revised Code regarding the program that the rules adopted | 448 |
by the director of job and family services authorize the director | 449 |
of aging to adopt. | 450 |
Sec. 5111.891. To be eligible for the assisted living | 451 |
program, an individual must meet all of the following | 452 |
requirements: | 453 |
(A) Need an intermediate level of care as determined under | 454 |
rule 5101:3-3-06 of the Administrative Code; | 455 |
(B) | 456 |
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services under the assisted living program, reside in a | 475 |
residential care facility that is authorized by a valid medicaid | 476 |
provider agreement to participate in the assisted living program, | 477 |
including both of the following: | 478 |
(1) A residential care facility that is owned or operated by | 479 |
a metropolitan housing authority that has a contract with the | 480 |
United States department of housing and urban development to | 481 |
receive an operating subsidy or rental assistance for the | 482 |
residents of the facility; | 483 |
(2) A county or district home licensed as a residential care | 484 |
facility. | 485 |
| 486 |
assisted living program established in rules adopted under section | 487 |
5111.85 of the Revised Code. | 488 |
Sec. 5111.895. The state administrative agency shall | 489 |
establish a presumptive eligibility process for the assisted | 490 |
living program. Under the presumptive eligibility process, an | 491 |
individual may be enrolled conditionally in the assisted living | 492 |
program before the individual is determined to meet the program's | 493 |
financial eligibility requirements established in rules authorized | 494 |
by division (C) of section 5111.891 of the Revised Code if both of | 495 |
the following apply: | 496 |
(A) A written plan of care or individual service plan has | 497 |
been created for the individual pursuant to division (B)(3) of | 498 |
section 5111.851 of the Revised Code. | 499 |
(B) The individual has been determined to meet both of the | 500 |
following: | 501 |
(1) The eligibility requirements established by divisions (A) | 502 |
and (B) of section 5111.891 of the Revised Code; | 503 |
(2) The eligibility requirements established in rules | 504 |
authorized by division (C) of section 5111.891 of the Revised Code | 505 |
other than such eligibility requirements that are financial | 506 |
eligibility requirements. | 507 |
Section 2. That existing sections 122.63, 5111.16, 5111.85, | 508 |
5111.861, 5111.89, and 5111.891 of the Revised Code are hereby | 509 |
repealed. | 510 |
Section 3. (A) Not later than ninety days after the effective | 511 |
date of this section, the Director of Job and Family Services | 512 |
shall submit a state Medicaid plan amendment or Medicaid waiver | 513 |
request to the United States Secretary of Health and Human | 514 |
Services as necessary to obtain federal financial participation | 515 |
for a pilot program to be operated under this section. Not later | 516 |
than ninety days after the date the United States Secretary | 517 |
approves the plan amendment or waiver, the Department of Job and | 518 |
Family Services shall contract with the Department of Mental | 519 |
Health pursuant to section 5111.91 of the Revised Code to have the | 520 |
Department of Mental Health operate the pilot program for two | 521 |
years. The purpose of the pilot program is to assist Medicaid | 522 |
recipients who have severe mental illnesses and reside in nursing | 523 |
facilities transition to home or community-based services. The | 524 |
Director of Job and Family Services may adopt rules under section | 525 |
5111.011 or 5111.85 of the Revised Code establishing additional | 526 |
eligibility requirements for the pilot program. To the extent | 527 |
possible, the pilot program shall be modeled after the Money | 528 |
Follows the Person demonstration project authorized by Section | 529 |
6071 of the "Deficit Reduction Act of 2005," 120 Stat. 102, as | 530 |
amended. | 531 |
(B) In operating the pilot program, the Department of Mental | 532 |
Health shall provide for a technical assistance advisor to do both | 533 |
of the following: | 534 |
(1) Design and implement a training course for individuals | 535 |
who assist Medicaid recipients transition to home or | 536 |
community-based services under the pilot program; | 537 |
(2) Provide technical assistance to both of the following: | 538 |
(a) Medicaid recipients seeking to transition to home or | 539 |
community-based services under the pilot program; | 540 |
(b) Individuals who assist Medicaid recipients transition to | 541 |
home or community-based services under the pilot program. | 542 |
(C) The Departments of Mental Health and Job and Family | 543 |
Services shall prepare and complete a report on the pilot program | 544 |
not later than one year after the pilot program ceases operation. | 545 |
On completion of the report, the Departments shall submit the | 546 |
report to the Governor and, in accordance with section 101.68 of | 547 |
the Revised Code, the General Assembly. | 548 |
Section 4. The Department of Job and Family Services, in | 549 |
consultation with the Department of Aging, shall study the issue | 550 |
of providing care coordination for the acute benefits provided | 551 |
under home and community-based services Medicaid waiver components | 552 |
as defined in section 5111.85 of the Revised Code. Not later than | 553 |
one year after the effective date of this section, the Departments | 554 |
shall submit a report regarding their study to the Governor and, | 555 |
in accordance with section 101.68 of the Revised Code, the General | 556 |
Assembly. | 557 |
Section 5. The Department of Aging shall study the issue of | 558 |
credentialing or licensing discharge planners employed by nursing | 559 |
homes and hospitals. In conducting the study, the Department shall | 560 |
examine the qualifications, including educational qualifications, | 561 |
that a discharge planner should have to be credentialed or | 562 |
licensed. Not later than one year after the effective date of this | 563 |
section, the Department shall submit a report regarding its study | 564 |
to the Governor and, in accordance with section 101.68 of the | 565 |
Revised Code, the General Assembly. The report shall include | 566 |
recommendations regarding the credentialing or licensing of | 567 |
discharge planners employed by nursing homes and hospitals. | 568 |