§ 20-77-120 - Medicaid waiver for home and community-based care. - Arkansas Statutes

20-77-120. Medicaid waiver for home and community-based care.

(a) In determining Medicaid eligibility for and providing Medicaid benefits to persons eligible for services through the ElderChoices care program, a home and community-based care waiver pursuant to section 1915C of the federal Social Security Act, as in effect January 1, 2003, the Department of Human Services, subject to the availability of funds for the purpose and to the extent not prohibited by federal law or regulation, shall use the same division of assets and income allowances for Level 1 and Level 2 ElderChoices applications that are used in determining Medicaid eligibility for and providing Medicaid benefits to persons requiring institutional care.

(b) (1) The department shall apply to the Centers for Medicare & Medicaid Services for an amendment to the ElderChoices Medicaid waiver for home and community-based care waivers if an amendment is necessary to implement the provisions of this section.

(2) (A) (i) The amended waiver shall be funded by savings to the Medicaid program as a result of 20-77-102(e).

(ii) The department may set aside sufficient funds to pay administrative costs of implementing the program created by 20-77-102(e) and provide services according to funding availability. If the provisions of 20-77-102(e) are approved by the Centers for Medicare & Medicaid Services, the department shall project the savings to the Medicaid program that will result from 20-77-102(e).

(C) The department shall implement the amended waiver using the savings projected in subdivision (b)(2)(A)(ii) of this section to the extent allowed under subdivision (b)(2) of this section.

(c) The department shall promulgate rules to:

(1) Establish a mechanism to track separately from exiting services those clients served and costs incurred by the waiver program established by this section; and

(2) Report the progress of the program at least quarterly to the House Interim Committee on Public Health, Welfare, and Labor and the Senate Interim Committee on Public Health, Welfare, and Labor.