AN ACT TO AMEND SECTION 43-13-117.1, MISSISSIPPI CODE OF 1972, TO DIRECT THE DIVISION OF MEDICAID TO MAKE APPLICATION FOR AN ELDERLY OR DISABLED WITH CONSUMER DIRECTION WAIVER TO ALLOW THE DIVISION TO PROVIDE FOR COVERAGE OF CONSUMER-DIRECTED PERSONAL CARE SERVICES THAT ARE APPROPRIATE AND MEDICALLY NECESSARY TO MAINTAIN INDIVIDUALS IN THEIR HOMES; TO SPECIFY THE CRITERIA FOR ELIGIBILITY TO RECEIVE THOSE SERVICES AND THE CRITERIA TO QUALIFY AS A CONSUMER-DIRECTED EMPLOYEE; TO PROVIDE THAT CONSUMER-DIRECTED EMPLOYERS AND EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLETING AND SUBMITTING TIMESHEETS AND OTHER REQUIRED DOCUMENTATION; TO REQUIRE THAT INDIVIDUALS RECEIVING CONSUMER-DIRECTED PERSONAL CARE SERVICES MUST RECEIVE SUPPORT FROM A CONSUMER-DIRECTED SERVICES FACILITATOR, WHO WILL ASSIST THE INDIVIDUAL OR HIS OR HER FAMILY/CAREGIVER AS THEY BECOME EMPLOYERS FOR CONSUMER-DIRECTED SERVICES; TO SPECIFY THE FUNCTIONS OF THE SERVICES FACILITATOR AND REQUIRE THE SERVICES FACILITATOR TO MAKE A HOME VISIT TO CONDUCT AN INITIAL ASSESSMENT BEFORE THE START OF CARE FOR ALL INDIVIDUALS REQUESTING SERVICES; TO REQUIRE THE SERVICES FACILITATOR TO MAKE SUPERVISORY VISITS AS OFTEN AS NEEDED TO ENSURE BOTH QUALITY AND APPROPRIATENESS OF SERVICES; AND FOR RELATED PURPOSES.
Impact
The bill intends to enhance access to Medicaid-funded home and community-based services, specifically targeting eligible nursing facility residents who opt for services outside institutional care. It enables the shifting of funds previously allocated to nursing facilities to support individuals choosing community-based care options, thereby promoting the transition of eligible residents back to home care. This approach is believed to alleviate the burden on nursing facilities while concurrently increasing support for personal care services in the community.
Summary
House Bill 1562 aims to amend Section 43-13-117.1 of the Mississippi Code to expand coverage for consumer-directed personal care services for eligible elderly and disabled individuals. This legislation directs the Division of Medicaid to apply for an Elderly or Disabled with Consumer Direction Waiver (EDCD Waiver), allowing for the provision of these services that are deemed appropriate and medically necessary to help individuals maintain their independence at home. The eligibility criteria for both individuals seeking these services and those qualifying as consumer-directed employees are defined under this new bill.
Contention
Potential points of contention may arise regarding the implementation of this legislation, particularly concerning the responsibilities of consumer-directed employers and employees, which include the management of timesheets and documentation. The requirement of receiving support from a consumer-directed services facilitator for individuals receiving care might spark discussions about the adequacy of training and resources available to family members assuming the role of employers. The effectiveness of the Medicaid Division in managing these responsibilities and ensuring quality care could also be under scrutiny as these changes are put in place.