H 3829 General Bill, By Mitchell, J.H. Neal, F.N. Smith, Allen, Anthony, 
Barfield, Branham, Breeland, R. Brown, Govan, Hart, Hosey, Howard, Jefferson, 
Littlejohn, Mack, Mahaffey, Moss, Ott, Rutherford, Scott, Sellers, G.R. Smith, 
W.D. Smith, Talley, Walker and Whipper
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-6-85 SO AS TO ENACT THE SPARTANBURG, COLUMBIA, AND CHARLESTON ASSISTED
 LIVING MEDICAID WAIVER PROGRAM, PROVIDING THAT THE DEPARTMENT OF HEALTH AND
 HUMAN SERVICES SHALL SEEK FEDERAL APPROVAL TO INCLUDE FEDERAL MATCHING FUNDING
 FOR THIS PROGRAM; TO REQUIRE THE DEPARTMENT TO DEVELOP MEDICAID ELIGIBILITY
 DETERMINATION CRITERIA; TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE
 MATCHING FUNDS FROM GENERAL REVENUES ANNUALLY TO FUND THIS PROGRAM AND TO
 PROVIDE THE REIMBURSEMENT RATE AND METHODS TO ADJUST THIS RATE ANNUALLY; AND
 TO REQUIRE THE DEPARTMENT TO EVALUATE, MONITOR, AND REPORT ON THIS PROGRAM TO
 THE GENERAL ASSEMBLY FIVE YEARS AFTER ITS IMPLEMENTATION.

   04/10/07  House  Introduced and read first time HJ-9
   04/10/07  House  Referred to Committee on Ways and Means HJ-10

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-85 SO AS TO ENACT THE SPARTANBURG, COLUMBIA, AND CHARLESTON ASSISTED LIVING MEDICAID WAIVER PROGRAM, PROVIDING THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL SEEK FEDERAL APPROVAL TO INCLUDE FEDERAL MATCHING FUNDING FOR THIS PROGRAM; TO REQUIRE THE DEPARTMENT TO DEVELOP MEDICAID ELIGIBILITY DETERMINATION CRITERIA; TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE MATCHING FUNDS FROM GENERAL REVENUES ANNUALLY TO FUND THIS PROGRAM AND TO PROVIDE THE REIMBURSEMENT RATE AND METHODS TO ADJUST THIS RATE ANNUALLY; AND TO REQUIRE THE DEPARTMENT TO EVALUATE, MONITOR, AND REPORT ON THIS PROGRAM TO THE GENERAL ASSEMBLY FIVE YEARS AFTER ITS IMPLEMENTATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-85.    (A)    The Director of the Department of Health and Human Services shall make payments for long term care support and services for up to three hundred eligible residents who reside in licensed facilities owned by, under contract with, or administered by Spartanburg, Columbia, or Charleston housing authorities. The director shall seek approval from the Centers of Medicare and Medicaid Services to include federal matching funds for the Spartanburg, Columbia, and Charleston Assisted Living Medicaid Waiver Program. The Medicaid waiver funding must be targeted to eligible residents residing in the licensed facilities owned by, under contract with, or administered by the Spartanburg, Columbia, or Charleston housing authorities. To the extent permitted by federal and state statutes and regulations, funds appropriated for the program described in this section remain with this program and do not follow the individual if he or she leaves the program or becomes ineligible for the program.

(B)    The director shall formulate the waiver amendment application and shall submit the waiver request not later than March 15, 2007. The waiver obtained under this section must be reviewed and expanded periodically in consultation with the director.

(C)    The director shall develop Medicaid eligibility determination criteria. Supportive services paid for with state and federal funds in an eligible community residential care facility owned by, under contract with, or administered by the Spartanburg, Columbia, or Charleston housing authorities must be provided to individuals who are eligible for, or at risk for, placement in a nursing facility and whose comprehensive assessment indicates that the individual is eligible for these services.

(D)    The General Assembly shall appropriate from state general funds the required matching funds beginning with fiscal year 2007-2008 and continuing for a period of four years thereafter. Reimbursement to eligible community residential care facilities is thirty-two dollars a day for each eligible recipient. The reimbursement rate may be adjusted on October 1 each year based on the average percentage increase or decrease of the consumer price index for the twelve-month state fiscal year ending the preceding September 30.

(E)    Upon implementation of the program established in this section, the Department of Health and Human Services and the Spartanburg, Columbia, or Charleston housing authorities shall monitor, evaluate, and report, at the end of the first five years of inception, on the qualitative benefits and cost-effectiveness of the program. The department shall submit this report to the General Assembly.

(F)    As used in this section:

(1)    'Comprehensive assessment' means a tool approved by the Department of Health and Human Services to determine the level of supportive services required by an individual.

(2)    'Eligible community residential care facility' means a facility as defined in Section 44-7-260 and Regulation 61-84 that provides services to Medicaid eligible recipients under a written contract with the Department of Health and Human Services.

(3)    'Low income and moderate low income' means the definition as published annually by the United States Department of Housing and Urban Development for federally subsidized housing developments.

(4)    'Personal care services' means the provision by the staff of a facility of one or more of the following services, as required by the individual care plan or orders by the physician or other authorized health care provider or as reasonably requested by the resident, including, assisting with activities of daily living, being aware of the resident's general whereabouts, and monitoring the activities of the resident to ensure his or her health, safety and well-being."

SECTION    2.    This act takes effect upon approval by the Governor.