Waiver stabilization trust account.

2015
STATE OF WYOMING
15LSO-0020
Numbered
2.1

SENATE FILE

NO.
SF0067

Waiver stabilization trust account.

Sponsored by:
Senator(s) Esquibel, F., Craft and Emerich and Representative(s) Throne

A BILL

for

AN ACT relating to public welfare; creating the Medicaid waiver stabilization trust account; providing statutorily for an inviolate corpus; providing for an income account; providing for Medicaid waiver program funding as specified; providing an appropriation and a continuous appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 42
‑
9
‑
101 through 42
‑
9
‑
104
are
created to read:

CHAPTER 9
MEDICAID WAIVER STABILIZATION TRUST ACCOUNT

42
‑
9
‑
101
.

Definitions.

(a)

As used in this act:

(
i
)

"Department" means the Wyoming department of health;

(ii)

"Income account" means the Medicaid waiver stabilization trust income account established pursuant to W.S. 42
‑
9
‑
102(c);

(i
ii
)

"Trust
account
" means the
Medicaid waiver stabilization trust account

created by W.S. 42
‑
9
‑
102(
a);

(
i
v)

"Waiver programs" means those Medicaid programs providing home and community based services to children with developmental disabilities, adults with developmental disabilities and persons with acquired brain injuries pursuant to a waiver agreement with the centers for Medicaid and Medicare services of the United States department of health and human services;

(v)

"This act" means W.S. 42
‑
9
‑
101 through 42
‑
9
‑
104.
42
‑
9
‑
10
2
.

Medicaid waiver stabilization trust account created; income account; funding.

(a)

The Medicaid waiver stabilization trust account is created. The trust account shall consist of those funds designated to the account by law.

(b)

The monies deposited into the trust account established pursuant to this section are inviolate and constitute a permanent
and
perpetual trust fund. The monies shall be transmitted to the state treasurer for credit to the trust fund and shall be invested by the state treasurer in a manner to obtain the highest return possible consistent with the preservation of the corpus
.

(c)

Any investment earnings

from
the corpus of the trust fund shall be
separately accounted for and
annually credited by the state treasurer not later than June 30 of each year into a separate
Medicaid waiver stabilization trust fund
income account
, which is hereby created
.

(d)

Revenues deposited into the income account are continuously appropriated to the department of health to be expended only as provided in this chapter.

(e)

Any funds within the income account which are not expended nor obligated shall be transferred to the corpus of the trust fund
biennially
on July 1 of each
even
‑
numbered
year
beginning on July 1, 2018
.

42
‑
9
‑
10
3
.

Medicaid waiver stabilization trust account; use of income account; rulemaking.

(a)

Funds within the income account
shall be used to provide services to Medicaid recipients using the developmental disability and acquired brain injury waiver programs
.

(b)

The department is authorized to seek from the federal centers for Medicaid and Medicare services an expansion of the number of slots in the waiver programs for persons with developmental disabilities or acquired brain injuries as funding is available from the income account.

(c)

Funds distributed under this section shall be used to supplement, not supplant, existing general fund and federal fund appropriations for the waiver programs
unless and until the department does not have a waiting list for enrollment in the waiver programs
.

(
d
)

The department shall promulgate rule
s
and regulations as necessary and appropriate to implement this act.

42
‑
9
‑
10
4
.

Medicaid waiver stabilization trust account; annual report.

(a)

On or before
October 1, 2016 and annually thereafter, the department shall provide a report to the joint appropriations
interim
committee and the joint labor, health and social services interim committee specifying:

(
i
)

The total amount of interest income earned from the Medicaid waiver stabilization trust
account during the preceding state fiscal year;

(ii)

The total amount of funding provided to the developmental disability and acquired brain injury waiver programs
from the Medicaid waiver sta
bilization trust income account;

(iii)

The status of the waiver program waiting lists.

Section 2
.

There is appropriated
three hundred million dollars ($300,000,0
00.00)
from the
legislative stabilization
reserve
account
to the
Medicaid waiver stabilization trust account
. This appropriation shall only be expended for the purpose of
funding the corpus of the Medicaid waiver stabilization trust account
established
by W.S. 42
‑
9
‑
102
, as
created by this act
.
Notwithstanding any other provision of law, this appropriation shall not be transferred or
expended for any other purpose.
This appropriation shall not be included in
any subsequent
standard biennial budget request.
Notwithstanding W.S. 9
‑
4
‑
207, this appropriation shall not revert but shall remain in the Medicaid waiver stabilization trust account to implement the purposes of this act.

Section
3
.

This
act is effective July 1, 201
5
.

(END)

1
SF0067