26B-3-222. Medicaid waiver expansion for extraordinary care reimbursement.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-3-222- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Existing home and community-based services waiver” means an existing home and community-based services waiver in the state that serves an individual:
| (i) |
with an acquired brain injury; |
| (ii) |
with an intellectual or physical disability; or |
| (iii) |
who is 65 years old or older. |
|
| (b) |
“Guardian” means a person appointed by a court to manage the affairs of a living individual. |
| (c) |
“Parent” means a biological or adoptive parent of an individual.” |
| (d) |
“Personal care services” means a service that:
| (i) |
is furnished to an individual who is not an inpatient nor a resident of a hospital, nursing facility, intermediate care facility, or institution for mental diseases; |
| (ii) |
is authorized for an individual described in Subsection (1)(d)(i) in accordance with a plan of treatment; |
| (iii) |
is provided by an individual who is qualified to provide the services; and |
| (iv) |
is furnished in a home or another community-based setting. |
|
| (e) |
“Waiver enrollee” means an individual who is enrolled in an existing home and community-based services waiver. |
|
| (2) |
Before July 1, 2021, the department shall apply with CMS for an amendment to an existing home and community-based services waiver to implement a program to offer reimbursement to an individual who provides personal care services that constitute extraordinary care to a waiver enrollee who is the individual’s spouse. |
| (3) |
If CMS approves the amendment described in Subsection (2), the department shall implement the program described in Subsection (2). |
| (5) |
Before July 1, 2023, the department shall apply with CMS for an amendment to an existing home and community-based services waiver to implement a program to offer reimbursement to an individual who provides personal care services that constitute extraordinary care to a waiver enrollee to whom the individual is a parent or guardian. |
| (6) |
If CMS approves the amendment described in Subsection (5), the department shall implement the program described in Subsection (5). |
Renumbered and Amended by Chapter 306, 2023 General Session
Amended by Chapter 315, 2023 General Session
