TITLE 40

Human services

CHAPTER 40-18

Long Term Home Health Care–Alternative to Placement in a Skilled Nursing

or Intermediate Care Facility

SECTION 40-18-1



   § 40-18-1  Purpose. –

(a) The director of the department of human services, in addition to the

medical assistance benefits provided in chapter 8 of this title, shall maintain

and coordinate a program of long term home health care. The purpose of the

program of long term home health care is to provide in-hospital eligible

patients, who would be discharged to a skilled nursing facility and/or an

intermediate care facility, with a viable alternative to placement in a skilled

nursing facility and/or intermediate care facility. The director shall utilize

a federally approved home and community based service waiver to provide a

viable alternative. The hereinafter listed services shall be an integral part

of the viable alternative.



   (b) In addition, the director of the department of human

services shall utilize any and all other available departmental resources and

community resources to enhance and expand the provision of long term home

health care as the viable alternative to placement in a skilled nursing

facility and/or an intermediate care facility. These resources shall be used to

strengthen and expand home and community-based long-term care services, which

will help people stay at home for care when this is an appropriate alternative

to nursing facility care.



   (c) In furtherance of subsections (a) and (b) above, the

department of human services is authorized and directed to seek any waiver(s)

required by the United States Department of Health and Human Services in

accordance with otherwise applicable requirements of Title XIX of the Federal

Social Security Act to establish an enhancement of the program for the

provision of adult day care services and home-based services. The department of

human services is directed to seek the waiver(s) in order to claim federal

financial participation for the services that shall be provided to residents of

the state who are deemed to be in need of adult day care services and/or

home-based services and whose incomes are no greater than two hundred fifty

percent (250%) of the federal poverty level.



   (d) Upon receipt of the waiver approval(s) referred to in

subsection (c) above from the United States Department of Health and Human

Services, the department of human services shall file with the house and senate

finance committees a report of the terms and conditions of these approved

waiver(s) together with a detailed plan for the implementation of them within

the aggregate general revenue appropriations for adult day care and home-based

services benefits and administrative costs provided for in the enacted budget

for state fiscal year 2003; and, provided further, that any reallocations of

these general revenue appropriations between or among departments and/or

appropriation line items necessary to implement the approved waiver(s), and/or

adjustments to federal revenue appropriations consistent with these waiver

approval(s), shall be submitted to the general assembly by the governor in the

supplemental appropriations act for state fiscal year 2003 in accordance with

§ 35-3-8.



History of Section.

(P.L. 1988, ch. 451, § 1; P.L. 1996, ch. 84, § 1; P.L. 2002, ch. 65,

art. 24, § 2.)