[PART
XIV.]  HOME AND COMMUNITY-BASED CASE MANAGEMENT



AGENCIES
AND COMMUNITY CARE FOSTER FAMILY HOMES



 



Note



 



  L 2008, c 241, §2 provides:



  "SECTION 2.  The department of human services shall
apply to the federal Centers for Medicare and Medicaid Services to allow
persons who are eligible to receive medicaid funds for care at nursing home
facilities to remain at home and receive home- and community-based long-term
care; provided that the cost for the home- and community-based services shall
not exceed the total expenditures that would have been incurred if the person
received facility-based long-term care, services, or support."



 



§346-331  Definitions.  As used in this
part:



"Assisted living facility" means an
assisted living facility as defined in section 321-15.1.



"Certificate of approval" means the
certificate issued by the department or its designee that authorizes a person,
agency, or organization to operate a community care foster family home.



"Client" means any person who
receives home and community-based case management services to reside in a
community care foster family home, expanded adult residential care home, or
assisted living facility.



"Community care foster family home"
or "home" means a home that, for the purposes of this part:



(1)  Is regulated by the department in accordance with
rules that are equitable in relation to rules that govern expanded adult
residential care homes;



(2)  Is issued a certificate of approval by the
department or its designee to provide, for a fee, twenty-four-hour living
accommodations, including personal care and homemaker services, for not more
than two adults at any one time, at least one of whom shall be a medicaid
recipient, who are at the nursing facility level of care, who are unrelated to
the foster family, and who are receiving the services of a licensed home and
community-based case management agency; provided that the department, in its
discretion, may certify a home for a third adult who is at the nursing level of
care and a medicaid recipient; provided that the primary and substitute
caregivers are certified nurse aides who have completed a state-approved
training program and other training as required by the department; and



(3)  Does not include expanded adult residential care
homes or assisted living facilities, which shall continue to be licensed by the
department of health.



"Designee" means a person,
institution, organization, or agency authorized by the department to issue
certificates of approval to community care foster family homes and to monitor
these homes for certificate compliance and quality assurance.  The department's
designee shall perform these functions for the department and shall not at the
same time function as a home and community-based case management agency or a
community care foster family home as defined in this section.



"Expanded adult residential care
home" means any facility providing twenty-four-hour living accommodations,
for a fee, to adults unrelated to the family, who require at least minimal
assistance in the activities of daily living, personal care services,
protection, and health care services, and who may need the professional health
services provided in an intermediate or skilled nursing facility.



"Home and community-based case management
agency" means any person, agency, or organization licensed by the
department to provide, coordinate, and monitor comprehensive services to meet
the needs of clients whom the agency serves in a community care foster family
home or any medicaid clients in an expanded adult residential care home, or an
assisted living facility.



"License" means an approval issued by
the department or its authorized agents for a person, agency, or organization
to operate as a home and community-based case management agency. [L 2001, c
273, pt of §1, §6; am L 2003, c 95, §§17(1), 22 and c 98, §3; am L 2004, c 153,
pt of §1, §§2, 5; am L 2006, c 236, §1 and c 270, §4]



 



Note



 



  Allowing two private-pay individuals to be cared for in same
community care foster family home demonstration project (repealed April 22,
2011).  L 2009, c 13.