Chapter 128

2007 -- S 0253 SUBSTITUTE B AS AMENDED

Enacted 06/27/07

A N A C T

RELATING TO HUMAN SERVICES - LONG-TERM CARE SERVICE AND FINANCE REFORM

Introduced By: Senators Perry, Goodwin, Connors, C Levesque, and Gallo

Date Introduced: February 07, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-8.9-4 of the General Laws in Chapter 40-8.9 entitled "Medical

Assistance - Long-Term Care Service and Finance Reform" is hereby amended to read as

follows:

40-8.9-4. Unified long-term care budget. -- Beginning on July 1, 2007, a unified long-

term care budget shall combine in a single line-item appropriation within the department of

human services budget, annual department of human services Medicaid appropriations for

nursing facility and community-based long-term care services for elderly sixty-five (65) years and

older and younger persons at risk of nursing home admissions (including adult day care, home

health, and personal care in assisted living settings). Beginning on July 1, 2007, the total system

savings attributable to the value of the reduction in nursing home days, including hospice nursing

home days paid for by Medicaid shall be allocated in the budget enacted by the general assembly

for the ensuing fiscal year for the express purpose of promoting and strengthening community-

based alternatives. Beginning on January 1, 2008, the allocation shall include, but not be limited

to, the establishment of presumptive eligibility criteria for the purposes of accessing home and

community care. The home and community care service presumptive eligibility criteria shall be

developed through rule or regulation on or before September 30, 2007.

The caseload estimating conference pursuant to section 35-17-1 shall determine the

amount of general revenues to be added to the current service estimate of community based long-

term care services for elderly sixty-five (65) and older and younger persons at risk of nursing

home admissions for the ensuing budget year by multiplying the combined cost per day of

nursing home and hospice nursing home days estimated at the caseload conference for that year

by the reduction in nursing home and hospice nursing home days from those in the second fiscal

year prior to the current fiscal year to those in the first fiscal year prior to the current fiscal year.

     SECTION 2. This act shall take effect on upon passage.

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LC01370/SUB B

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