HB 116/FN (BR 405) - Ji. Lee, B. Buckingham, T. Burch, L. Clark, P. Clark, B. Crall, B. DeWeese, C. Hoffman, J. Jenkins, M. Marzian, T. McKee, H. Moberly, S. Nunn, S. Riggs, D. Sims, K. Stein
AN ACT relating to the Kentucky Independence Plus through Consumer-Directed Services Program Act of 2004.
Create new sections of KRS 205.510 to 205.645 to define "budget allowance," "consumer," "covered long-term care services," "fiscal intermediary," "provider," "representative," and "service advisor"; establish the Kentucky Independence Plus through Consumer-Directed Services Program to provide an option within each of the home and community-based services waivers for enrolled persons to voluntarily participate and to choose providers of services and to direct the delivery of those services to meet long-term care needs; permit a person in the program to be given a monthly budget allowance based on the results of his or her assessed functional needs and the financial resources of the program, and provide for the budget allowance to be received from the fiscal intermediary; require the Cabinet for Health Services to develop purchasing guidelines to assist the consumer in using the budget allowance to purchase needed, cost-effective services; require the consumer to use the allowance to pay for nonresidential and nonmedical home and community-based services that meet the consumer's long-term care needs and that constitute a cost-effective use of the funds; permit the consumer to choose providers of services; establish the duties of the consumer whether or not the consumer is the employer of record; establish the duties of the cabinet and the fiscal intermediary; require background screening as appropriate; authorize the cabinet to promulgate an administrative regulation to implement the program; require the cabinet to review and assess the implementation of the program and to report to the General Assembly by January 15 of each year; and provide that the worker's compensation laws shall not apply to the provision of services between a provider and the state or the provider and the consumer.
HB 116 - AMENDMENTS
HCS/FN - Retain original provisions, except provide that the Cabinet for Health Services shall allocate funds for a consumer's use in the program, rather than submit the funds directly to the consumer; provide for the roles of the cabinet and its agents, rather than just the cabinet; and require the fiscal intermediary to deliver paychecks, rather than provide the checks to the consumer for distribution.
HFA (1, J. Lee) - Clarify that program is intended to provide for services and supports, not just long-term care services; clarify that consumer will have a person-centered plan; require the fiscal intermediary and service advisor be independent from any entity that provides services and supports to consumers in the program; require the cabinet to seek any federal waiver necessary to permit a consumer to hire a family member to provide services and supports; permit the cabinet to apply for grants to support the program; require cabinet reporting to solicit consumer input.
SCS/FN - Retain original provisions; make technical corrections; delete provisions requiring the fiscal intermediary and service advisor to be independent of any person acting as a provider or caregiver in the program; and delete provision permitting a consumer to hire a family member to provide services in the program.
(Prefiled by the sponsor(s).)
Jan 6-introduced in House; to Health and Welfare (H)
Jan 8-posted in committee
Jan 22-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 23-2nd reading, to Rules
Jan 26-floor amendment (1) filed to Committee Substitute
Jan 28-posted for passage in the Regular Orders of the Day for Thursday, January 29, 2004
Jan 29-3rd reading, passed 96-0 with Committee Substitute, floor amendment (1)
Jan 30-received in Senate
Feb 4-to Health and Welfare (S)
Feb 23-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 24-2nd reading, to Rules
Feb 25-posted for passage in the Regular Orders of the Day for Thursday, February 26, 2004
Feb 26-passed over and retained in the Orders of the Day
Feb 27-passed over; posted for passage in the Regular Orders of the Day for Tuesday, March 2, 2004
Mar 2-3rd reading, passed 37-0 with Committee Substitute ; received in House; posted for passage for concurrence in Senate Committee Substitute
Mar 23-House concurred in Senate Committee Substitute ; passed 94-0
Mar 24-enrolled, signed by each presiding officer; delivered to Governor
Apr 2-signed by Governor (Acts ch. 60)