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39-7,162. Home and community based services savings fund administered by secretary of aging; certification, transfer and expenditures.

39-7,162

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-7,162.   Home and community based services savingsfund administered by secretary of aging; certification, transfer andexpenditures.(a) (1) There is hereby established the home and community basedservices savingsfund in the state treasury which shall be administered by the secretary ofaging. All savings resultingfrom transferring individuals from the institutions to home and community basedservices shall bedeposited in this fund. All expenditures from the home and community basedservices savings fundshall be in accordance with the provisions of appropriation acts upon vouchersapproved by thesecretary of aging or the secretary's designee.

      (2)   Whenever an individual, who is residing in an institution, transfers tohome andcommunity based services, the secretary of aging shall determine the savingsattributable to suchtransfer and shall certify the amount or amounts of such savings to thedirector of accounts and reports. Upon receipt of each such certification, thedirector of accounts and reports shall transfer the amount or amounts specifiedin such certification from the funds and accounts specified to the home andcommunity based services savings fund of the department on aging in accordancewith such certification. The secretary of aging shall transmit a copy of eachsuch certification to the director of the budget and to the director oflegislative research.

      (b)   The secretary shall certify to the joint committee on home and communitybased servicesoversight at the beginning of each calendar quarter the amount of savingsresulting from transferringindividuals from institutions to home and community based services that havebeen transferredduring the preceding calendar quarter to the home and community based servicessavings fund fromeach institution during the preceding quarter.

      History:   L. 2008, ch. 168, § 4; July 1.

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