Human Services

CHAPTER 40-8.10
Long Term Care Service Reform for Medicaid Eligible Individuals

SECTION 40-8.10-4

§ 40-8.10-4. Long-term care assessment and coordination.

(a) The executive office of health and human services shall implement a long-term-care-options counseling program to provide individuals or their representative, or both, with long-term care consultations that shall include, at a minimum, information about long-term-care options, sources and methods of both public and private payment for long term care services, information on caregiver support services, including respite care, and an assessment of an individual's functional capabilities and opportunities for maximizing independence. Each individual admitted to or seeking admission to a long-term care facility, regardless of the payment source, shall be informed by the facility of the availability of the long-term-care-options counseling program and shall be provided with a long-term-care-options consultation, if he or she so requests. Each individual who applies for Medicaid long-term care services shall be provided with a long-term care consultation.

(b) Core and preventative home and community based services defined and delineated in § 40-8.10-2 shall be provided only to those individuals who meet one of the levels of care provided for in this chapter. Other long term care services authorized by the federal government, such as medication management, may also be provided to Medicaid eligible recipients who have established the requisite need.

(c) The assessments for individuals conducted in accordance with this section shall serve as the basis for individual budgets for those medical assistance recipients eligible to receive services utilizing a self-directed delivery system.

(d) Nothing in this section shall prohibit the secretary of the executive office of health and human services, or the directors of that office's departments from utilizing community agencies or contractors when appropriate to perform assessment functions outlined in this chapter.

History of Section.
(P.L. 2009, ch. 68, art. 23, § 9; P.L. 2013, ch. 457, § 1; P.L. 2013, ch. 469, § 1; P.L. 2015, ch. 141, art. 5, § 17.)