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UNOFFICIAL COPY 26 RS BR 1103
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AN ACT relating to Medicaid coverage for adult day health care and in -home 1
attendant care services. 2
WHEREAS, many elderly Kentuckians enrolled in the Medicaid program are in 3
need of and greatly benefit from in -home attendant care services to ensure their safety 4
and well-being at home; and 5
WHEREAS, while access to in-home attendant care services is critical to the safety, 6
well-being, and ability of elderly Kentuckians to age in place, they also benefit greatly 7
from access to adult day health care services; and 8
WHEREAS, adult day health care centers offer elderly Kentuckians an opportunity 9
for mental and psychological stimulation through regular in teractions with other 10
individuals their own age; and 11
WHEREAS, when adult day health care services are not available, many elderly 12
individuals suffer isolation and loneliness even when receiving in -home attendant care 13
services; and 14
WHEREAS, adult day health care services offer additional personalized care and 15
engagement opportunities that can significantly improve mental health and health care 16
outcomes of service recipients; and 17
WHEREAS, the decision by the Department for Medicaid Services to establish a 18
single coverage limit for adult day health care services and in -home attendant care 19
services has forced many elderly Kentuckians to choose between adult day health care 20
services or in-home attendant care services; and 21
WHEREAS, access to adequate and necessary services and supports for the elderly 22
is critical to ensuring such individuals are able to age in place; and 23
WHEREAS, when elderly individuals are not able to access needed services and 24
support, they often have no choice but to seek care in a skilled nursing facility or assisted 25
living facility; and 26
WHEREAS, evidence suggests that health outcomes for elderly indi viduals are 27
UNOFFICIAL COPY 26 RS BR 1103
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improved when they are able to age in place and receive needed services and supports in 1
their home; and 2
WHEREAS, residential or institutionalized care is more costly and less cost -3
efficient than adult day health care services and in-home attendant care services; 4
NOW, THEREFORE, 5
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 6
SECTION 1. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) (a) The Department for Medicaid Services shall include coverage for adult day 9
health care services and in -home attendant, or personal care, services in 10
each 1915(c) waiver program admi nistered by the department that enrolls 11
adult participants. 12
(b) Coverage required under this section shall include at least forty (40) hours 13
per week of adult day health care services, and separately at least forty (40) 14
hours per week of in-home attendant, or personal care, services. 15
(c) Coverage limits established in this section shall not provide for a single or 16
combined coverage limit for the two (2) services or in any way aggregate 17
coverage limits for adult day health care services and in -home attendant, or 18
personal care, services. 19
(2) The Department for Medicaid Services shall, within ninety (90) days after the 20
effective date of this Act, promulgate administrative regulations in accordance 21
with KRS Chapter 13A to implement this section. 22
Section 2. If the Cabinet for Health and Family Services or the Department for 23
Medicaid Services determines that a state plan amendment, waiver, or any other form of 24
authorization or approval from any federal agency to implement Sectio n 1 of this Act is 25
necessary to prevent the loss of federal funds or to comply with federal law, the cabinet 26
or department: 27
UNOFFICIAL COPY 26 RS BR 1103
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(1) Shall, within 90 days after the effective date of this section, request the 1
necessary federal authorization or approval to implement Section 1 of this Act; and 2
(2) May only delay implementation of the provisions of Section 1 of this Act for 3
which federal authorization or approval was deemed necessary until the federal 4
authorization or approval is granted. 5
Section 3. Sections 1 and 2 of this Act shall constitute the specific authorization 6
required under KRS 205.5372(1). 7