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2003 SESSION

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SB 1008 Medical assistance services; consumer-directed care.

Introduced by: H. Russell Potts, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Medical assistance services; consumer-directed care. Requires the Department of Medical Assistance Services to prepare, and authorizes the Department to seek approval of, an application for (i) a revision of the consumer-directed personal care services waiver to allow spouses, parents, adult children, and guardians to direct care on behalf of the waiver recipient, when such recipient is incapable of directing such care on his own behalf and (ii) a new waiver for home- and community-based services, as soon as such waiver template becomes available. Any such waiver revision or new waiver must be cost-neutral and must expand consumer-directed care in so far as practicable. Any such waiver application must protect the health and safety of recipients as well as the fiscal integrity of the Commonwealth. Such waiver will provide for a fiscal agent to handle tax issues and payment of personal attendants on the part of recipients. In addition, any such waiver application will (a) provide recipients with flexible choices and personal independence in so far as possible and (b) include provisions for family members to deliver the covered services when consistent with and not prohibited by federal law and regulation. This provision or any new or revised project that may be, but is not required to be, implemented must not be construed as creating any legally enforceable right or entitlement to consumer-directed care, the Virginia Plan for Medical Assistance Services, or Title XIX of the Social Security Act, as amended, on the part of any person or to create any legally enforceable right or entitlement to participation in any consumer-directed care by any person. A second enactment clause authorizes the Board of Medical Assistance Services to promulgate emergency regulations, upon the approval by the Centers for Medicare and Medicaid Services of any application for revision of the consumer-directed personal care services waiver or for any new waiver that may be submitted by the Department of Medical Assistance Services pursuant to this act. Further, a third enactment clause authorizes the Board of Medical Assistance Services to use, when in compliance with the Administrative Process Act (§ 2.2-4000 et seq.), electronic media as much as possible during the promulgation of the regulations, including, but not limited to, posting documents to and receiving comments via the Department's website, by e-mail and fax. The Board must, however, continue to provide public notice and participation to those persons who do not have access to the Internet or other forms of electronic media. This bill incorporates SB1216.


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