NORTH CAROLINA INNOVATIONS WAIVER ACT OF 2021.

View NCGA Bill Details2021
House Bill 389 (Public) Filed Wednesday, March 24, 2021
AN ACT TO INCREASE THE NUMBER OF NORTH CAROLINA INNOVATIONS WAIVER SLOTS, TO PROVIDE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH BENEFITS, THE FLEXIBILITY TO DEVELOP AN ADDITIONAL SYSTEM OF SERVING INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES WHO ARE ON THE REGISTRY OF UNMET NEEDS, AND TO REQUIRE THE DEVELOPMENT OF A TEN-YEAR PLAN TO ADDRESS THE REGISTRY OF UNMET NEEDS.
Intro. by Bradford, Hawkins, Insko, Moffitt.

Status: Ref to the Com on Health, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 25 2021)

SOG comments (1):

Identical bill

Identical to S 350, filed 3/25/21.

H 389

Bill Summaries:

  • Summary date: Mar 24 2021 - More information

    Appropriates $11,301,000 and $26,243,000 in recurring funds for 2021-22 and 2022-23, respectively, from the General Fund to the Department of Health and Human Services, Division of Health Benefits (DHB) to be used to increase the number of NC Innovation Waiver slots, and provide a match for $27,334,000 and $54,880,000 in federal recurring funds for 2021-22 and 2022-23. Appropriates the federal funds to DHB for the same purpose. Directs DHB to amend the NC Innovations Waiver to increase the number of slots by 1,000 under the waiver with (1) 800 slots made available January 1, 2022, and distributed using the allocation formula currently in place as of the date the act becomes law, and (2) 200 slots distributed as provided by the act and available January 1, 2022, unless the distribution requires approval by the Centers for Medicare and Medicaid Services (CMS), then the later of January 1, 2022, or the date that CMS grants or denies approval. Provides for distribution using the allocation formula currently in place as of the date the act becomes law if CMD denies approval. Provides for distribution of the 200 slots on a per capita basis to LME/MCOs, with additional slots made available to counties on a per capita basis. Provides for slots to be filled on a first-come, first-served basis determined by a waiting list.

    Appropriates $13,122,000 in recurring funds from the General Fund to DHB for 2022-23 for the NC Innovations Waiver, as a match for the $27,440,000 in federal recurring funds. Appropriates those federal funds to DHB for the same purpose. Authorizes DHB to pursue any amendment or change to the current NC Innovations Waiver or additional 1115(c) waivers to serve the maximum number of individuals that are on the State's registry of unmet needs, including pursuing a tiered waiver system, making every effort for individuals to have a seamless transition between tiers or waivers and providing flexibility to LME/MCOs to determine how to maximize distributions.  In the event approval is not received from CMS by January 1, 2023, requires using the appropriations of subsection (a) to increase the NC Innovations Waivers slots by at least 1,000 slots to be made available as soon as practicable; requires DHB to continue to pursue approval for implementation in the future.

    Directs DHB to convene a working group of stakeholders to develop a 10-year plan to address the registry of unmet needs for the NC Innovations Waiver. Requires considering an alternative waiver program and alternative means of distribution of waiver slots, accompanied by cost analysis. Requires DHB to report to the specified NCGA committee by February 1, 2022. 


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