Medicaid waiver program-military personnel.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0113

ENROLLED ACT NO. 60,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to the Medical Assistance and Services Act; requiring the department of health to seek permission for dependent waiver services for the dependents of military service members as specified; providing rulemaking authority; and providing for an effective date.

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

Section 1
.

W.S. 42
‑
4
‑
120 by creating new subsections (n) and (o) is amended to read:

42
‑
4
‑
120
.

Contracts for waiver services; authority of department; emergency case services; cost based payments; training and certification of specialists
.

(n)

For purposes of this subsection, "military service member" means any person serving in the United States army, navy, air force, marine corps, coast guard, United States public health service commissioned corps, national oceanic and atmospheric administration commissioned corps, national guard or any reserve or auxiliary component of any of these services.

Military service members shall have the following benefits if they meet the qualifications listed:

(i)

A
ctive duty military service members who have been assigned to serv
e
in Wyoming
may submit an application for waiver
services
under this paragraph
upon receiving
military
order
s to serve in Wyoming
, provided that no qualifying dependent shall receive
services
until the dependent is residing in Wyoming
;

(ii)

Active duty military service members
retiring or separating from active duty military service

may submit an application for waiver
services
under this
paragraph
upon receiving retirement or separation orders, p
rovided that
:

(A)

The military member certifies on a form provided by the department that he intends to
reside in
Wyoming within eighteen (18) months after retiring or separating from military service;

(B
)

The military service member
claimed Wyoming as his
primary
state of residency
for not less than two (2) years p
rior to his military service
as proved by documentation required by the department
;

(C)

The military
service
member
claimed Wyoming residency on his
leave and earnings statement
s

w
hile
serving in the
military;
and

(D)

No covered services shall be received
pursuant to this paragraph
unless and until the
qualifying dependent
and the military service member are
residing in Wyoming
within
eighteen (18) months after the military service member retires or separates from active military service
.

(iii)

Military service members who qualified for and received or were previously placed on the waiting list to receive dependent waiver services under the home and community based Medicaid waivers authorized by this section, and who left the state for military reasons, shall upon their return to the state for continued military service or upon military separation or retirement be placed in a status identical to where they would be if they had not left the state provided that:

(A)

The military service member claimed Wyoming residency on his leave and earnings statements while serving in the military; and

(B)

For retiring or separating military service members, in no case shall covered services be received pursuant to this paragraph unless and until the military service member and the qualifying dependent are residing in Wyoming within eighteen (18) months after the military service member retires or separates from active military service.

(o)

A
pplicants
who
are qualifying military service members
under subsection (n) of this section
may
also
be considered for funding made available to any other applicant under
t
his section and shall receive
services
from
whatever source of funding for which they first qualify.
In consultation with the Wyoming military department, the department of health shall promulgate rules and regulations regarding applications and qualifications for waiver services authorized by subsection (n) of this section.

Section
2
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1