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HB1562 • 2026

Medicaid; direct division to apply for waiver to provide for coverage of consumer-directed personal care services.

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.

Healthcare Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
McLean
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The official source material did not provide information on the consequences of a denied waiver application, making it speculative to include such details in the summary.

Medicaid; Direct Division to Apply for Waiver

This bill directs the Medicaid division to apply for a waiver that would allow coverage of consumer-directed personal care services for elderly or disabled individuals who need help at home.

What This Bill Does

  • Directs the Medicaid division to apply for an Elderly or Disabled with Consumer Direction Waiver (EDCD Waiver) from the Centers for Medicare and Medicaid Services (CMS).
  • Specifies that individuals must show a need in daily activities, medication reminders, medical needs, or health monitoring to qualify for personal care services.
  • Requires consumer-directed employers and employees to complete timesheets and other required documentation.
  • Establishes the role of a CD services facilitator who assists individuals or their families/caregivers as they become employers for these services.

Who It Names or Affects

  • Elderly or disabled individuals needing personal care services at home.
  • Family members or caregivers of eligible individuals.
  • Consumer-directed employees providing care services.
  • The Medicaid division in Mississippi.

Terms To Know

consumer-directed personal care services
Services provided by an individual who hires, trains, and supervises their own caregiver or employee to help them with daily activities at home.
CD services facilitator
A person who assists individuals or their families/caregivers in managing the employment process for consumer-directed personal care services.

Limits and Unknowns

  • The bill did not pass and was referred to committee where it died.
  • It is unclear how many people would be eligible for these services under this waiver.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Medicaid

Official Summary Text

Medicaid; direct division to apply for waiver to provide for coverage of consumer-directed personal care services.

Current Bill Text

Read the full stored bill text 
H. B. No. 1562 *HR43/R1991* ~ OFFICIAL ~ G1/2
26/HR43/R1991
PAGE 1 (RF\KP)

To: Medicaid
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McLean

HOUSE BILL NO. 1562

AN ACT TO AMEND SECTION 43-13-117.1, MISSISSIPPI CODE OF 1
1972, TO DIRECT THE DIVISION OF MEDICAID TO MAKE APPLICATION FOR 2
AN ELDERLY OR DISABLED WITH CONSUMER DIRECTION WAIVER TO ALLOW THE 3
DIVISION TO PROVIDE FOR COVERAGE OF CONSUMER-DIRECTED PERSONAL 4
CARE SERVICES THAT ARE APPROPRIATE AND MEDICALLY NECESSARY TO 5
MAINTAIN INDIVIDUALS IN THEIR HOMES; TO SPECIFY THE CRITERIA FOR 6
ELIGIBILITY TO RECEIVE THOSE SERVICES AND THE CRITERIA TO QUALIFY 7
AS A CONSUMER-DIRECTED EMPLOYEE; TO PROVIDE THAT CONSUMER-DIRECTED 8
EMPLOYERS AND EMPLOYEES SHALL BE RESPONSIBLE FOR COMPLETING AND 9
SUBMITTING TIMESHEETS AND OTHER REQUIRED DOCUMENTATION; TO REQUIRE 10
THAT INDIVIDUALS RECEIVING CONSUMER-DIRECTED PERSONAL CARE 11
SERVICES MUST RECEIVE SUPPORT FROM A CONSUMER-DIRECTED SERVICES 12
FACILITATOR, WHO WILL ASSIST THE INDIVIDUAL OR HIS OR HER 13
FAMILY/CAREGIVER AS THEY BECOME EMPLOYERS FOR CONSUMER-DIRECTED 14
SERVICES; TO SPECIFY THE FUNCTIONS OF THE SERVICES FACILITATOR AND 15
REQUIRE THE SERVICES FACILITATOR TO MAKE A HOME VISIT TO CONDUCT 16
AN INITIAL ASSESSMENT BEFORE THE START OF CARE FOR ALL INDIVIDUALS 17
REQUESTING SERVICES; TO REQUIRE THE SERVICES FACILITATOR TO MAKE 18
SUPERVISORY VISITS AS OFTEN AS NEEDED TO ENSURE BOTH QUALITY AND 19
APPROPRIATENESS OF SERVICES; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. Section 43-13-117.1, Mississippi Code of 1972, is 22
amended as follows: 23
43-13-117.1. (1) It is the intent of the Legislature to 24
expand access to Medicaid-funded home- and community-based 25
services for eligible nursing facility residents who choose those 26
services. The Executive Director of the Division of Medicaid is 27
H. B. No. 1562 *HR43/R1991* ~ OFFICIAL ~
26/HR43/R1991
PAGE 2 (RF\KP)

authorized to transfer funds allocated for nursing facility 28
services for eligible residents to cover the cost of services 29
available through the Independent Living Waiver, the Traumatic 30
Brain Injury/Spinal Cord Injury Waiver, the Elderly and Disabled 31
Waiver, and the Assisted Living Waiver programs when eligible 32
residents choose those community services. The amount of funding 33
transferred by the division shall be sufficient to cover the cost 34
of home- and community-based waiver services for each eligible 35
nursing facility * * * resident who * * * chooses those services. 36
The number of nursing facility residents who return to the 37
community and home- and community-based waiver services shall not 38
count against the total number of waiver slots for which the 39
Legislature appropriates funding each year. Any funds remaining 40
in the program when a former nursing facility resident ceases to 41
participate in a home- and community-based waiver program under 42
this provision shall be returned to nursing facility funding. 43
(2) The Division of Medicaid shall make application to the 44
Centers for Medicare and Medicaid Services (CMS) under Section 45
1915(c) of the federal Social Security Act for an Elderly or 46
Disabled with Consumer Direction Waiver (EDCD Waiver) to allow the 47
division to provide for coverage of consumer-directed (CD) 48
personal care services that are appropriate and medically 49
necessary to maintain individuals in their homes. In order to 50
qualify for personal care services under this subsection (2), the 51
individual must demonstrate a need in activities of daily living, 52
H. B. No. 1562 *HR43/R1991* ~ OFFICIAL ~
26/HR43/R1991
PAGE 3 (RF\KP)

reminders to take medication, or other medical needs, or 53
monitoring health status or physical condition. Individuals 54
receiving consumer-directed personal care services must meet the 55
requirements for consumer direction as provided in subsections 56
(3), (4) and (5) of this section and receive support from a CD 57
services facilitator as provided in subsection (6) of this 58
section. 59
(3) Individuals who are eligible for consumer-directed 60
personal care services must have the capability to hire, train and 61
fire their consumer-directed employees and supervise the 62
employee's work performance. If an individual is unable to direct 63
his or her own care or is younger than eighteen (18) years of age, 64
a family/caregiver may serve as the employer on behalf of the 65
individual. 66
(4) Each consumer-directed employee must have the required 67
skills to perform services as specified in the individual's plan 68
of care. Family members who are approved to be reimbursed for 69
providing this service must meet the qualifications required by 70
the division. 71
(5) Consumer-directed employers and employees shall be 72
responsible for completing and submitting timesheets and other 73
documentation required by the division through the CD services 74
facilitator. 75
(6) (a) Individuals receiving consumer-directed personal 76
care services must receive support from a CD services facilitator, 77
H. B. No. 1562 *HR43/R1991* ~ OFFICIAL ~
26/HR43/R1991
PAGE 4 (RF\KP)
ST: Medicaid; direct division to apply for
waiver to provide for coverage of consumer-
directed personal care services.
who will assist the individual or his or her family/caregiver, as 78
appropriate, as they become employers for consumer-directed 79
services. If the CD services facilitator is not a registered 80
nurse, the CD services facilitator must inform the primary health 81
care provider that services are being provided and request skilled 82
nursing or other consultation as needed. 83
(b) The functions of the CD services facilitator 84
include providing the individual or his family/caregiver, as 85
appropriate, with management training, and routine visits to 86
monitor the employment process. The CD services facilitator shall 87
assist the individual/employer with employer issues as they arise. 88
(c) The CD services facilitator must make a home visit 89
to conduct an initial assessment before the start of care for all 90
individuals requesting services. The CD services facilitator must 91
make supervisory visits as often as needed to ensure both quality 92
and appropriateness of services, with the minimum frequency of 93
those visits being every thirty (30) to ninety (90) calendar days 94
depending on individual needs. 95
(7) The division shall adopt such regulations as may be 96
necessary to fully implement the EDCD Waiver. 97
SECTION 2. This act shall take effect and be in force from 98
and after July 1, 2026. 99