§ 71-5-1401. Short Title
This part shall be known and may be cited as the “Long-Term Care Community Choices Act of 2008.”
§ 71-5-1402. Objectives of Long-Term Care System
The long-term care system shall recognize that aging is not a disease, but rather a natural process that often includes increasing needs for assistance with daily living activities. To the maximum extent possible and appropriate, the system shall be based on a model of care delivery that acknowledges that services delivered in home and community-based […]
§ 71-5-1403. Part Definitions
As used in this part, unless the context otherwise requires: “Budget allowance” means the amount of money that can be directed, utilizing the services of a fiscal intermediary, by a medicaid-eligible long-term care member participating in this consumer-directed care option, to pay for home and community-based long-term care services defined under the medicaid state plan […]
§ 71-5-1204. Cooperation by State Entities
The departments of human services and labor and workforce development and other state and local agencies are authorized and directed to cooperate to the fullest extent possible with such councils and each other so that the purpose of this part may be accomplished.
§ 71-5-1301. Creation of Grant Assistance Program
There is hereby created a grant assistance program to provide financial support for eligible individuals residing in nursing homes licensed by the state, which individuals do not have their nursing home care paid for, in whole or in part, by a federal, state or combined federal-state medical care program.
§ 71-5-1302. Eligibility
To be eligible to apply for a grant assistance payment under this part, an individual must meet the following qualifications: The individual must have resided or be residing, after June 30, 1992, in a facility licensed by the state as a nursing home. Residents in facilities certified as intermediate care facilities for the mentally retarded […]
§ 71-5-1303. Application for Payment — Nursing Home Certification to Department
An application for grant assistance program payments must be made by the individual or such individual’s legally authorized representative on forms prescribed by regulations of the department of health. Such forms shall include a certification of the individual’s annual income for the calendar year immediately preceding the beginning of the state fiscal year during which […]
§ 71-5-1304. Processing of Applications — Funding — Determination of Grant
Applications shall be processed by the department on a first come, first served basis and are subject to the amount annually appropriated for this program in the general appropriations act. Based on the application, the department shall calculate a projected annual nursing home expense for the individual, which shall be the average per diem nursing […]
§ 71-5-1305. Grant Payments
Grant payments under this part shall be made to the individual monthly and forwarded to such person at the place of such individual’s residence. Grant payments are non-assignable and payable only to the individual or such individual’s legally authorized representative, which shall not be the nursing home.
§ 71-5-1306. Rules and Regulations
The department of health is authorized to promulgate regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to implement this part. Notwithstanding any other law, the commissioner of health is authorized to promulgate such initial rules as emergency rules pursuant to § 4-5-208.