The letter of the law you'll WANT to read, over and over!
To: The Whole Wide World
June 28, 2000, Missouri Governor Mel Carnahan signed into law a Medicaid Appropriations Bill, printed below, which will give approximately 53,000 people the freedom to choose where they live when they receive long-term care services.
Despite a last-ditch veto push by the
home care industry (you read that right, not the nursing home
industry but the home care industry), Carnahan stayed the course. As
of July 1, Missouri is the first state to revise its law and policies
in line with the Olmstead ruling.
Some of the state's departments report that they will actually be ready to roll this out on July 1, the day that the money is freed up.
Up front of the bill are a couple of
paragraphs from Candace on how the work got done.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
CONFERENCE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1111
90TH GENERAL ASSEMBLY
To appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2000 and ending June 30, 2001.
There is appropriated out of the State Treasury, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the purpose of funding each Department, Division, agency, and program enumerated in each section for the item or items stated, and for no other purpose whatsoever chargeable to the fund designated for the period beginning July 1, 2000 and ending June 30, 2001, as follows:
Section 11.445. To the Department of Social Services
For the Division of Medical Services
For funding long-term care services
For the purpose of funding home health, respite care, homemaker chore, personal care, advanced personal care, adult day care, AIDS, and children's waiver services, Program for All-Inclusive Care for the Elderly, and other related services under the Medicaid fee-for-service and managed care programs.
The department shall gather information from the industry, demonstrating the extent that the industry has complied with legislative intent that rate increases funded herein shall be used to increase direct service worker salaries and benefits.
In accepting the increased rates, the individual members of the industry agree to provide such information. Provided that an individual eligible for or receiving nursing home care must be given the opportunity to have those Medicaid dollars follow them to the community and choose the personal care option in the community that best meets the individuals' needs. This includes the Consumer Directed Medicaid State Plan Amendment that is administered by the Department of Vocational Rehabilitation and the Department of Education.
And further provided that individuals eligible for the Medicaid Personal Care Option must be allowed to choose, from among all the options, that option which best meets their need; and also be allowed to have their Medicaid funds follow them to whichever option they choose.
>From General Revenue Fund $73,167,298
>From Federal Funds 113,977,534
>From Federal Funds 4,191,968
>From General Revenue Fund 140,888,000
>From Federal Funds 278,402,068
>From Uncompensated Care Fund 35,600,000
Total (0 F.T.E.) $646,226,868