TITLE 40
Human services

CHAPTER 40-8.9
Medical Assistance – Long-Term Care Service and Finance Reform

SECTION 40-8.9-3


§ 40-8.9-3 Least restrictive setting requirement.

The executive office of health and human services (executive office) is directed to recommend the allocation of existing Medicaid resources as needed to ensure that those in need of long-term care and support services receive them in the least restrictive setting appropriate to their needs and preferences. The executive office is hereby authorized to utilize screening criteria to avoid unnecessary institutionalization of persons during the full eligibility-determination process for Medicaid community-based care.

History of Section.
(P.L. 2006, ch. 263, § 1; P.L. 2006, ch. 286, § 1; P.L. 2007, ch. 73, art. 14, § 1; P.L. 2016, ch. 142, art. 7, § 5.)