MEDICAL ASSISTANCE PROGRAM- SECTION 0399- The Global Consumer Choice Waiver: Rebalancing the Long-Term Care System

Regulation Authority:

RIGL 40-6; Title XIX of The Social Security Act

Purpose and Reason:

The rules relating to the Global Waiver have been expanded to include a more detailed description of the determination of level of care for those who were residing in an institution on or before June 30, 2009 (“grandfathered group”) and who later transition to the home and community based services. The following “special circumstances” have been added for those grandfathered individuals who no longer meet the highest need: foreclosure, failed placement and sale of principal residence due to inability to maintain housing expenses. The following additional changes have been made to the rules along with several technical revisions: Personal Care Assistance Services has been added to the Preventive Need Section and Respite Services, Physical Therapy Evaluation and Services have been removed. Section 0399.05, Eligibility Requirements, provides an additional reference to the rules regarding resource and income eligibility requirements.

Brief statement of Reason for Finding Imminent Peril:

An emergency filing of the rules is necessary in order to comply with changes in state law (HB 5112 C) that protect the health, safety and welfare of long-term care Medicaid beneficiaries under the Global Consumer Choice Waiver.