Pay Parents as Caregivers (LRI Bill)

Status: PASSED Goes to the Governor!

The two LRI bills, HB909 and SB488 were different when they came out of their respective chambers. The conference committee on HB909 met 3/7/24 and proposed this amendment to the bill:

"That the Department of Medical Assistance Services (DMAS) shall analyze the possibility of allowing for respite services under the Community Living Waiver, Family and Individual Support Waiver, and Commonwealth Coordinated Care Plus Waiver when the legally responsible individual is an unpaid caregiver all or part of the time and when there are multiple adult caregivers providing any portion of unpaid care for the waiver-receiving child. DMAS shall develop recommendations on allowing for respite services under such circumstances and shall estimate the cost of providing such respite services. DMAS shall submit its recommendations, cost estimate, and methodology used for obtaining the cost estimate to the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health no later than November 1, 2024."

So the bill would read:

1. § 1. That the Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services (DBHDS) shall seek federal authority through the necessary state plan amendments under Titles XIX and XXI of the Social Security Act to modify the program rules for the following 1915(c) Home and Community Based Services (HCBS) Medicaid Waivers: Community Living Waiver, Family and Individual Support Waiver, and Commonwealth Coordinated Care Plus Waiver. DMAS and DBHDS shall submit state plan amendments to the Centers for Medicare and Medicaid Services for the following:

1. Modify the 40-hour-per-week work limit to allow legally responsible individuals with more than one waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver;

2. Eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else be available to provide services to the member; and

3. When a member under the age of 18 receives personal care through consumer direction, as defined in 12VAC30-122-20, modify the program rules to allow a legally responsible individual or stepparent to be the employer of record.

2.That the Department of Medical Assistance Services (DMAS) shall analyze the possibility of allowing for respite services under the Community Living Waiver, Family and Individual Support Waiver, and Commonwealth Coordinated Care Plus Waiver when the legally responsible individual is an unpaid caregiver all or part of the time and when there are multiple adult caregivers providing any portion of unpaid care for the waiver-receiving child. DMAS shall develop recommendations on allowing for respite services under such circumstances and shall estimate the cost of providing such respite services. DMAS shall submit its recommendations, cost estimate, and methodology used for obtaining the cost estimate to the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health no later than November 1, 2024."

PROTECTING ID/DD/ASD FROM CHARGES OF FELONY ASSAULT

SO VERY PROUD TO ANNOUNCE THIS FINAL LEGISLATION!

THANK YOU Senator Boysko and Delegate Watts!

For the last five (5) years, the Virginia Autism Project (VAP) has worked with other disability and criminal justice advocates to change the laws and protect individuals with ID/DD/ASD from being charged with a felony when they are in a crisis and the police are called to assist.

Thanks to Senator Boysko and Delegate Watts, the Virginia Legislature passed bills to address this issue, and advocates are now calling on Governor Youngkin to allow the bill to pass into law.

-We will need your help to convince Governor Youngkin to allow them to become law.

-Stay TUNED for coming action alerts!

READ the final language here

SEE Statement from Virginia Autism Project Board about the final passage.

SSDI Income Penalty Disregard

HB908 and SB676: PASSED and going to Governor!

This bill requires a report by DMAS back to Senate and House committees and will have to be re-enacted in the next legislative session next year.

1. § 1. The Department of Medical Assistance Services (the Department) shall amend the financial eligibility standards for individuals receiving services under the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver (the DD Waivers). When determining financial eligibility for the DD Waivers, the Department shall disregard any Social Security Disability Insurance (SSDI) income above the maximum monthly Supplemental Security Income as determined by the Social Security Administration. Such SSDI income shall not be disregarded for purposes of determining an individual's patient pay obligation.

2. That the Department of Medical Assistance Services (the Department) shall analyze the implications of amending the financial eligibility standards for individuals receiving services under the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver, so that Social Security Disability Insurance income is disregarded by the Department when calculating such individuals' financial eligibility for such waivers. The analysis shall determine the costs and the number of individuals who would benefit from amending the financial eligibility standards. The Department shall provide a report of its findings to the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Health and Human Services and Appropriations no later than November 1, 2024.

3. That the provisions of this act shall expire on July 1, 2026.

More ACTION ALERTS are coming this week to send to Governor Youngkin! Stay engaged!