SAFEGUARD QUALIFIED INDIVIDUALS-MEDICAID PCS (NEW).

View NCGA Bill Details2013-2014 Session
House Bill 492 (Public) Filed Monday, April 1, 2013
A BILL TO BE ENTITLED AN ACT TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADJUST MEDICAID PERSONAL CARE SERVICES TO PROVIDE ADDITIONAL SAFEGUARDS FOR QUALIFIED INDIVIDUALS AND TO REPORT TO THE HOUSE APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES, THE SENATE APPROPRIATIONS COMMITTEE ON HEALTH AND HUMAN SERVICES, AND TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.
Intro. by Dollar.

Status: Ch. SL 2013-306 (House Action) (Jul 18 2013)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changes the act's long title. The original long title was: A BILL TO BE ENTITLED AN ACT TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP TIER II – ENHANCED MEDICAID PERSONAL CARE SERVICES FOR INDIVIDUALS WITH A PRIMARY DIAGNOSIS OF ALZHEIMER'S OR OTHER SPECIFIED FORMS OF DEMENTIA AND TO REPORT TO THE HOUSE APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES, THE SENATE APPROPRIATIONS COMMITTEE ON HEALTH AND HUMAN SERVICES, AND TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Bill History:

H 492/S.L. 2013-306

Bill Summaries:

  • Summary date: Jul 23 2013 - More information

    AN ACT TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADJUST MEDICAID PERSONAL CARE SERVICES TO PROVIDE ADDITIONAL SAFEGUARDS FOR QUALIFIED INDIVIDUALS AND TO REPORT TO THE HOUSE APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES, THE SENATE APPROPRIATIONS COMMITTEE ON HEALTH AND HUMAN SERVICES, AND TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES. Enacted July 18, 2013. Section 1 is effective upon approval by the Centers for Medicare and Medicaid Services of the Medicaid State Plan Amendment required in Section 3 of this act. The remainder is effective July 18, 2013.


  • Summary date: Jul 2 2013 - More information

    Senate amendment to the 4th edition makes the following changes. Amends GS Section 10.9F(c) of SL 2012-142 to amend the criteria to be met in order for a Medicaid recipient to be eligible for additional hours of Medicaid Personal Care Services to require that the recipient have a history of (was, exhibit) safety concerns related to inappropriate wandering, ingesting, aggressive behavior, and an increased incidence of falls.

    Amends the Department of Health and Human Services reporting requirement to make it due to the Joint Legislative Oversight Committee on Health and Human Services (was, to the House Appropriations Subcommittee on Health and Human Services and to the Senate Appropriations Committee on Health and Human Services).


  • Summary date: May 29 2013 - More information

    Senate committee substitute to the 3rd edition makes the following changes.

    Requires the Department of Health and Human Services (DHHS) to reduce the rate for personal care services to fund the additional services hours authorized in the act and to remain within the budgeted amount of funds for personal care services (was, required DHHS to implement the act within available funds).

    Requires DHHS, on or before August 15, 2013, to submit a Medicaid State Plan Amendment necessary to implement the act to the Centers for Medicare and Medicaid Services. Requires the Amendment to have an effective date of July 1, 2013, or as soon after that date as allowed by the Centers for Medicare and Medicaid Services.

    Changes the due date for the DHHS interim report to on or before August 1, 2013 (was, on or before June 1, 2013), and adds the Fiscal Research Division to the report recipients. Makes a conforming change by removing the August 1, 2013, report on the implementation of the act.

    Provides that Section 1 of the act becomes effective upon approval by the Centers for Medicare and Medicaid Services of the Medicaid State Plan Amendment. Requires DHHS to provide notice of the approval by posting the effective date of the change on its website.


  • Summary date: May 2 2013 - More information

    House amendment to the 2nd edition makes the following changes. Requires the Department of Health and Human Services to make an interim report on or before June 1, 2013 (was, May 1, 2013), on the implementation of the act.


  • Summary date: Apr 24 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends Section 10.9F(c) of SL 2012-142, as amended, to removetheTier I (Medicaid Personal Care Services)and Tier II (EnhancedMedicaid Personal Care Services)eligibility labels added in the first edition, which createda two-tiereligibilityprogram for personal care services forMedicaid recipients. Deletes specification that Tier II provides an additional 50 hours of personal care services for persons with Alzheimers, other forms of dementia, or other specified debilitating diseases. Instead,identifies categories of physical and mental health needs and disabilities, which when present in a Medicaid recipient, make that individual eligible for additional personal care services.Allows Medicaid recipients meeting the qualifications of the current personal care services programwho need those additional personal care services and meet the additional qualificationsto be eligible for 50 hours of service beyond the 80 hours of personal care services currently allowed, fora total of 130 hours of service. Retains requirement that a Medicaid recipient must have an attestation from a doctor that the recipient meets all of the requirements in subdivisions 3a. through 3d.

    Makes additional conforming changes to this act.Amends the short title and the long title.


  • Summary date: Apr 1 2013 - More information

    Amends Section 10.9F(c) of SL 2012-142, as amended, as the title indicates. Makes conforming changes to clarify that this act creates two levels of eligibility, TierI for Medicaid Personal Care Services and Tier II for Enhanced Medicaid Personal Care Services. Amends Section 10.9F(d) of SL 2012-142, as amended, toprovidethat if a doctor attests to the eligibility criteria required for Tier II services,there must be an assessment of the Medicaid recipient to determine the recipient's eligibility for Tier II enhanced personal care services. Directs the Department of Health and Human Services (DHHS) to implement Tier II-Enhanced Medicaid Personal Care Services within available funds. Effective July 1, 2013.

    DirectsDHHSto make an interim report on the implementation of this act on or before May 1, 2013 to the House Appropriations Subcommittee on Health and Human Services and to the Senate Appropriations Committee on Health and Human Services. Directs DHHS to report on or before August 1, 2013, and on or before November 1, 2013 to the Joint Legislative Oversight Committee on Health and Human Services on the implementation of this act.

    Except as otherwise provided, this act is effective when it becomes law.


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