[PARTXIV.]  HOME AND COMMUNITY-BASED CASE MANAGEMENT

AGENCIESAND COMMUNITY CARE FOSTER FAMILY HOMES

 

Note

 

  L 2008, c 241, §2 provides:

  "SECTION 2.  The department of human services shallapply to the federal Centers for Medicare and Medicaid Services to allowpersons who are eligible to receive medicaid funds for care at nursing homefacilities to remain at home and receive home- and community-based long-termcare; provided that the cost for the home- and community-based services shallnot exceed the total expenditures that would have been incurred if the personreceived facility-based long-term care, services, or support."

 

§346-331  Definitions.  As used in thispart:

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

"Certificate of approval" means thecertificate 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 whoreceives home and community-based case management services to reside in acommunity care foster family home, expanded adult residential care home, orassisted 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 withrules that are equitable in relation to rules that govern expanded adultresidential care homes;

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

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

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

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

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

"License" means an approval issued bythe department or its authorized agents for a person, agency, or organizationto operate as a home and community-based case management agency. [L 2001, c273, 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 samecommunity care foster family home demonstration project (repealed April 22,2011).  L 2009, c 13.