TITLE 40
Human services

CHAPTER 40-8
Medical Assistance

SECTION 40-8-16


§ 40-8-16 Notification of long-term care alternative.

(a) The department of human services, before authorizing care in a nursing home or intermediate care facility for a person who is eligible to receive benefits pursuant to Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., and who is being discharged from a hospital to a nursing home, shall notify the person, in writing, of the provisions of the long-term care alternative, a home and a community-based program.

(b) If a person, eligible to receive benefits pursuant to Title XIX of the federal Social Security Act, requires services in a nursing home and desires to remain in his or her own home or the home of a responsible relative or other adult, the person or his or her representative shall so inform the department.

(c) The department shall not make payments pursuant to Title XIX of the federal Social Security Act for benefits until written notification documenting the person's choice as to a nursing home or home and community based services has been filed with the department.

History of Section.
(P.L. 1987, ch. 500, § 1.)