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ACT NO. 56


Health; long-term care; Medicaid waiver

This act approves implementation of the long-term care Medicaid 1115 waiver applied for by the agency of human services and addresses several policy issues in the area of long-term care services. More specifically:

Sec. 1 approves the waiver, gives legislative oversight authority to the health access oversight committee (HAOC), and allows rule modifications through expedited rulemaking with review by HAOC, establishes policy for reassessment of entitlement to services by individuals currently receiving long-term care through the department, creates appropriate waiting lists for services under the waiver, and prioritizes homemaker services to individuals who have high needs as defined under the waiver.

Sec. 1a establishes a task force on the future sustainability of nursing homes and directs the committee to report to certain legislative committees with recommendations on policy changes needed in this area by 1/15/07.

Sec. 1b directs the department of aging and independent living and the department of health to develop a plan for annually reporting, reviewing, and analyzing deaths of individuals receiving long-term care services through the department.

Secs. 2 and 3 expand the jurisdiction of the long-term care ombudsman to include individuals receiving services under the waiver and conforms state law on access to records in this area to the applicable federal law.

Sec. 4 modifies the Medicaid eligibility requirements for working individuals with disabilities to exclude unearned income and to increase the asset limit.

Effective Date: On passage, June 13, 2005

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont