Bill Text: OH SB87 | 2011-2012 | 129th General Assembly | Introduced


Bill Title: To implement recommendations of the Unified Long-Term Care Budget Workgroup.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-02-22 - To Health, Human Services, & Aging [SB87 Detail]

Download: Ohio-2011-SB87-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 87


Senators Tavares, Schiavoni 

Cosponsor: Senator Skindell 



A BILL
To amend sections 122.63, 5111.16, 5111.85, 5111.861, 1
5111.89, and 5111.891 and to enact sections 2
175.14, 2305.2310, 5111.161, 5111.862, and 3
5111.895 of the Revised Code to implement 4
recommendations of the Unified Long-Term Care 5
Budget Workgroup.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 122.63, 5111.16, 5111.85, 5111.861, 7
5111.89, and 5111.891 be amended and sections 175.14, 2305.2310, 8
5111.161, 5111.862, and 5111.895 of the Revised Code be enacted to 9
read as follows:10

       Sec. 122.63.  The department of development shall:11

       (A) Provide technical assistance to sponsors, homeowners, 12
private developers, contractors, and other appropriate persons on 13
matters relating to housing needs and the development, 14
construction, financing, operation, management, and evaluation of 15
housing developments;16

       (B) Carry out continuing studies and analyses of the housing 17
needs of this state and, after conducting public hearings, prepare 18
annually a plan of housing needs, primarily for the use of the 19
department. The plan, copies of which shall be filed with the 20
speaker of the house of representatives and the president of the 21
senate for distribution to the members of the general assembly, 22
shall:23

       (1) Establish areawide housing needs, including existing and 24
projected needs for the provision of an adequate supply of decent, 25
safe, and sanitary housing for low- and moderate-income persons, 26
including housing that may require utilization of state or federal 27
assistance;28

       (2) Establish priorities for housing needs, taking into 29
account the availability of and need for conserving land and other 30
natural resources;31

       (3) Be coordinated with other housing and related planning of 32
the state and of regional planning agencies.33

       (C) Carry out the provisions of Chapter 3735. of the Revised 34
Code relating to metropolitan housing authorities;35

       (D) Carry out the provisions of sections 174.01 to 174.07 of 36
the Revised Code relating to the low- and moderate-income housing 37
trust fund;38

       (E) Request a waiver from the federal government in order to 39
implement a pilot program that would instruct public housing 40
agencies operating under Part IX of Title 24 of the Code of 41
Federal Regulations to give priority to finding housing to 42
individuals who are transitioning from a long-term care facility, 43
as defined in section 175.14 of the Revised Code, or who are at 44
risk of immediate admission to such a long-term care facility.45

       Sec. 175.14.  (A) As used in this section, "long-term care 46
facility" means all of the following:47

       (1) A nursing home licensed under section 3721.02 or 3721.09 48
of the Revised Code;49

       (2) A county home or district home operated under Chapter 50
5155. of the Revised Code;51

       (3) A county nursing home as defined in section 5155.31 of 52
the Revised Code.53

       (B) The Ohio housing finance agency, in providing rental, 54
homeownership, and program assistance, shall adopt a mechanism to 55
give priority to placing and aiding individuals who are 56
transitioning from a long-term care facility or who are at risk of 57
immediate admission to a long-term care facility.58

       Sec. 2305.2310.  (A) As used in this section:59

       "Community-based long-term care services" and "recipient" 60
have the same meanings as in section 173.14 of the Revised Code.61

       "Volunteer" means an individual who provides a service 62
without the expectation of receiving and without receipt of any 63
compensation or other form of remuneration from any person or 64
governmental entity.65

       (B) An individual is not liable in a civil action for damage 66
resulting from conveying in a motor vehicle, as a volunteer, a 67
recipient pursuant to a transportation service included in a 68
community-based long-term care service, unless the individual's 69
action that causes the damage constitutes willful or wanton 70
misconduct.71

       Sec. 5111.16. (A) As part of the medicaid program, the 72
department of job and family services shall establish a care 73
management system. The department shall submit, if necessary, 74
applications to the United States department of health and human 75
services for waivers of federal medicaid requirements that would 76
otherwise be violated in the implementation of the system.77

       (B) The department shall implement the care management system 78
in some or all counties and shall designate the medicaid 79
recipients who are required or permitted to participate in the 80
system. In the department's implementation of the system and 81
designation of participants, all of the following apply:82

       (1) In the case of individuals who receive medicaid on the 83
basis of being included in the category identified by the 84
department as covered families and children, the department shall 85
implement the care management system in all counties. All 86
individuals included in the category shall be designated for 87
participation, except for individuals included in one or more of 88
the medicaid recipient groups specified in 42 C.F.R. 438.50(d). 89
The department shall ensure that all participants are enrolled in 90
health insuring corporations under contract with the department 91
pursuant to section 5111.17 of the Revised Code.92

       (2) In the case of individuals who receive medicaid on the 93
basis of being aged, blind, or disabled, as specified in division 94
(A)(2) of section 5111.01 of the Revised Code, the department 95
shall implement the care management system in all counties. All96
Except as provided in division (C) of this section, all97
individuals included in the category shall be designated for 98
participation, except for the individuals specified in divisions 99
(B)(2)(a) to (e) of this section. The department shall ensure that 100
all participants are enrolled in health insuring corporations 101
under contract with the department pursuant to section 5111.17 of 102
the Revised Code.103

       In designating participants who receive medicaid on the basis 104
of being aged, blind, or disabled, the department shall not 105
include any of the following:106

       (a) Individuals who are under twenty-one years of age; 107

       (b) Individuals who are institutionalized; 108

       (c) Individuals who become eligible for medicaid by spending 109
down their income or resources to a level that meets the medicaid 110
program's financial eligibility requirements; 111

       (d) Individuals who are dually eligible under the medicaid 112
program and the medicare program established under Title XVIII of 113
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as 114
amended; 115

       (e) Individuals to the extent that they are receiving 116
medicaid services through a medicaid waiver component, as defined 117
in section 5111.85 of the Revised Code. 118

       (3) Alcohol, drug addiction, and mental health services 119
covered by medicaid shall not be included in any component of the 120
care management system when the nonfederal share of the cost of 121
those services is provided by a board of alcohol, drug addiction, 122
and mental health services or a state agency other than the 123
department of job and family services, but the recipients of those 124
services may otherwise be designated for participation in the 125
system.126

        (C) In designating participants who receive medicaid on the 127
basis of being aged, blind, or disabled for participation in the 128
care management system, the department shall not include, except 129
as provided in section 5111.161 of the Revised Code, any of the 130
following:131

       (1) Individuals who are under twenty-one years of age;132

       (2) Individuals who are institutionalized;133

       (3) Individuals who become eligible for medicaid by spending 134
down their income or resources to a level that meets the medicaid 135
program's financial eligibility requirements;136

       (4) Individuals who are dually eligible under the medicaid 137
program and the medicare program established under Title XVIII of 138
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as 139
amended;140

       (5) Individuals to the extent that they are receiving 141
medicaid services through a medicaid waiver component, as defined 142
in section 5111.85 of the Revised Code.143

       (D) Subject to division (B) of this section, the department 144
may do both of the following under the care management system:145

       (1) Require or permit participants in the system to obtain 146
health care services from providers designated by the department;147

       (2) Require or permit participants in the system to obtain 148
health care services through managed care organizations under 149
contract with the department pursuant to section 5111.17 of the 150
Revised Code.151

       (D)(E)(1) The department shall prepare an annual report on 152
the care management system. The report shall address the 153
department's ability to implement the system, including all of the 154
following components:155

        (a) The required designation of participants included in the 156
category identified by the department as covered families and 157
children;158

       (b) The required designation of participants included in the 159
aged, blind, or disabled category of medicaid recipients;160

       (c) The use of any programs for enhanced care management.161

       (2) The department shall submit each annual report to the 162
general assembly. The first report shall be submitted not later 163
than October 1, 2007.164

       (E)(F) The director of job and family services may adopt 165
rules in accordance with Chapter 119. of the Revised Code to 166
implement this section.167

       Sec. 5111.161.  (A) As used in this section:168

       "Full-benefit dual eligible individual" has the same meaning 169
as in section 1935(c)(6) of the "Social Security Act," 117 Stat. 170
2157 (2003), 42 U.S.C. 1396u-5(c)(6), as amended.171

       "Specialized MA plan for special needs individuals" has the 172
same meaning as in section 1859(b)(6)(A) of the "Social Security 173
Act," 117 Stat. 2207 (2003), 42 U.S.C. 1395w-28(b)(6)(A), as 174
amended.175

       "Unified long-term care budget workgroup" means the workgroup 176
created by Section 209.40 of Am. Sub. H.B. 1 of the 128th general 177
assembly or a successor to that workgroup.178

       (B) In addition to designating individuals for participation 179
in the care management system in accordance with division (B) of 180
section 5111.16 of the Revised Code and subject to division (D) of 181
this section, the department of job and family services shall 182
permit an individual to participate in the care management system 183
if all of the following apply:184

       (1) The individual receives medicaid on the basis of being 185
aged, blind, or disabled.186

       (2) The individual is a full-benefit dual eligible 187
individual.188

       (3) The individual is enrolled in a specialized MA plan for 189
special needs individuals.190

       (4) The individual volunteers to participate in the care 191
management system.192

       (C) In permitting an individual to participate in the care 193
management system pursuant to division (B) of this section, the 194
department shall do both of the following:195

       (1) Arrange for the individual to enroll in a health insuring 196
corporation that is under contract with the department pursuant to 197
section 5111.17 of the Revised Code to provide, or arrange for the 198
provision of, health care services that the individual receives 199
under medicaid;200

       (2) Take into consideration the recommendations of the 201
unified long-term care budget workgroup concerning the integration 202
of full-benefit dual eligible individuals into the care management 203
system.204

       (D) The department shall not implement this section until 205
receiving a waiver sought under division (A) of section 5111.16 of 206
the Revised Code if implementation of this section would otherwise 207
violate a federal medicaid requirement. 208

       Sec. 5111.85.  (A) As used in this section and sections 209
5111.851 to 5111.856 of the Revised Code:210

       "Home and community-based services medicaid waiver component" 211
means a medicaid waiver component under which home and 212
community-based services are provided as an alternative to 213
hospital, nursing facility, or intermediate care facility for the 214
mentally retarded services.215

       "Hospital" has the same meaning as in section 3727.01 of the 216
Revised Code.217

       "Intermediate care facility for the mentally retarded" has 218
the same meaning as in section 5111.20 of the Revised Code.219

       "Medicaid waiver component" means a component of the medicaid 220
program authorized by a waiver granted by the United States 221
department of health and human services under section 1115 or 1915 222
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 223
1315 or 1396n. "Medicaid waiver component" does not include a care 224
management system established under section 5111.16 of the Revised 225
Code.226

       "Nursing facility" has the same meaning as in section 5111.20 227
of the Revised Code.228

       (B) The director of job and family services may adopt rules 229
under Chapter 119. of the Revised Code governing medicaid waiver 230
components that establish all of the following:231

       (1) Eligibility requirements for the medicaid waiver 232
components;233

       (2) The type, amount, duration, and scope of services the 234
medicaid waiver components provide;235

       (3) The conditions under which the medicaid waiver components 236
cover services;237

       (4) The amount the medicaid waiver components pay for 238
services or the method by which the amount is determined;239

       (5) The manner in which the medicaid waiver components pay 240
for services;241

       (6) Safeguards for the health and welfare of medicaid 242
recipients receiving services under a medicaid waiver component;243

       (7) Procedures for both of the following:244

       (a) Identifying individuals who meet all of the following 245
requirements:246

       (i) Are eligible for a home and community-based services 247
medicaid waiver component and on a waiting list for the component;248

       (ii) Are receiving inpatient hospital services or residing in 249
an intermediate care facility for the mentally retarded or nursing 250
facility (as appropriate for the component);251

       (iii) Choose to be enrolled in the component.252

       (b) Approving the enrollment of individuals identified under 253
the procedures established under division (B)(7)(a) of this 254
section into the home and community-based services medicaid waiver 255
component.256

       (8) Procedures for enforcing the rules, including 257
establishing corrective action plans for, and imposing financial 258
and administrative sanctions on, persons and government entities 259
that violate the rules. Sanctions shall include terminating 260
medicaid provider agreements. The procedures shall include due 261
process protections.262

       (9) Other policies necessary for the efficient administration 263
of the medicaid waiver components.264

       (C) The director of job and family services may adopt 265
different rules for the different medicaid waiver components. The 266
rules shall be consistent with the terms of the waiver authorizing 267
the medicaid waiver component.268

       (D) AnyThe following apply to procedures established under 269
division (B)(7) of this section:270

       (1) Any such procedures established for the PASSPORT program 271
shall be consistent with section 173.401 of the Revised Code. Any272

       (2) Any such procedures established for Ohio home care shall 273
be consistent with section 5111.862 of the Revised Code.274

       (3) Any such procedures established under division (B)(7) of 275
this section for the assisted living program shall be consistent 276
with section 5111.894 of the Revised Code.277

       Sec. 5111.861.  (A) As used in this section:278

       (1) "Assisted living program" means the medicaid waiver 279
component created under section 5111.89 of the Revised Code.280

       (2) "Choices program" means the medicaid waiver component 281
created under section 173.403 of the Revised Code.282

       (3) "Medicaid waiver component" has the same meaning as in 283
section 5111.85 of the Revised Code.284

       (4) "PASSPORT program" means the medicaid waiver component 285
created under section 173.40 of the Revised Code.286

       (B) The director of job and family services shall submit a 287
request to the United States secretary of health and human 288
services pursuant to 42 U.S.C. 1396n to obtain a federal medicaid 289
waiver that consolidates the following medicaid waiver components 290
into one medicaid waiver component:291

       (1) The assisted living program;292

       (2) The choices program;293

       (3) The PASSPORT program.294

       (C) In seeking a consolidated federal medicaid waiver under 295
this section, the director of job and family services shall work 296
with the director of aging and provide for the waiver to do all of 297
the following:298

       (1) For the part of the waiver that concerns the assisted 299
living program, include the provisions that sections 5111.89 to 300
5111.8945111.895 of the Revised Code establish for the assisted 301
living program;302

       (2) For the part of the waiver that concerns the choices 303
program, include the provisions that section 173.403 of the 304
Revised Code establish for the choices program;305

       (3) For the part of the waiver that concerns the PASSPORT 306
program, include the provisions that sections 173.40 to 173.402 of 307
the Revised Code establish for the PASSPORT program;308

       (4) For each part of the waiver, including the part that 309
concerns the choices program, be available statewide.310

       (D) If the United States secretary approves the consolidated 311
federal medicaid waiver sought under this section, all of the 312
following shall apply:313

       (1) The department of job and family services shall enter 314
into a contract with the department of aging under section 5111.91 315
of the Revised Code for the department of aging to administer the 316
consolidated federal medicaid waiver, except that the department 317
of job and family services, rather than the department of aging, 318
shall administer the part of the waiver that concerns the assisted 319
living program if the director of budget and management does not 320
approve the contract;321

       (2) The director of job and family services shall adopt rules 322
under section 5111.85 of the Revised Code to authorize the 323
director of aging to adopt rules in accordance with Chapter 119. 324
of the Revised Code that are needed to implement the consolidated 325
federal medicaid waiver, except that the director of job and 326
family services shall adopt rules under section 5111.85 of the 327
Revised Code that are needed to implement the part of the waiver 328
that concerns the assisted living program if the director of 329
budget and management does not approve the contract the 330
departments of job and family services and aging enter into under 331
division (D)(1) of this section;332

       (3) Any statutory reference to the assisted living program 333
shall mean the part of the consolidated federal medicaid waiver 334
that concerns the assisted living program;335

       (4) Any statutory reference to the choices program shall mean 336
the part of the consolidated federal medicaid waiver that concerns 337
the choices program;338

       (5) Any statutory references to the PASSPORT program shall 339
mean the part of the consolidated federal medicaid waiver that 340
concerns the PASSPORT program.341

       Sec. 5111.862.  (A) As used in this section:342

       "Nursing facility" has the same meaning as in section 5111.20 343
of the Revised Code.344

       "Ohio home care" means the medicaid waiver component, as 345
defined in section 5111.85 of the Revised Code, that is known as 346
Ohio home care and is administered by the department of job and 347
family services pursuant to a waiver granted by the United States 348
secretary of health and human services under section 1915(c) of 349
the "Social Security Act," 95 Stat. 812 (1981), 42 U.S.C. 350
1396n(c), as amended.351

       (B) The department of job and family services shall establish 352
a home first component of Ohio home care under which eligible 353
individuals may be enrolled in Ohio home care in accordance with 354
this section. An individual is eligible for Ohio home care's home 355
first component if all of the following apply:356

       (1) The individual is eligible for Ohio home care.357

       (2) The individual is on a waiting list for Ohio home care.358

       (3) At least one of the following applies:359

       (a) The individual has been admitted to a nursing facility.360

       (b) A physician has determined and documented in writing that 361
the individual has a medical condition that, unless the individual 362
is enrolled in home and community-based services such as Ohio home 363
care, will require the individual to be admitted to a nursing 364
facility within thirty days of the physician's determination.365

       (c) The individual has been hospitalized and a physician has 366
determined and documented in writing that, unless the individual 367
is enrolled in home and community-based services such as Ohio home 368
care, the individual is to be transported directly from the 369
hospital to a nursing facility and admitted.370

       (C) Each month, each county department of job and family 371
services shall identify individuals residing in the county that 372
the county department serves who are eligible for the home first 373
component of Ohio home care. When a county department identifies 374
such an individual, the county department shall determine whether 375
Ohio home care is appropriate for the individual and whether the 376
individual would rather participate in Ohio home care than 377
continue or begin to reside in a nursing facility. If the county 378
department determines that Ohio home care is appropriate for the 379
individual and the individual would rather participate in Ohio 380
home care than continue or begin to reside in a nursing facility, 381
the county department shall so notify the state department of job 382
and family services. On receipt of the notice from the county 383
department, the state department shall approve the individual's 384
enrollment in Ohio home care regardless of the waiting list for 385
Ohio home care, unless the enrollment would cause Ohio home care 386
to exceed any limit on the number of individuals who may be 387
enrolled in the waiver as set by the United States secretary of 388
health and human services in the waiver authorizing Ohio home 389
care.390

       (D) Each quarter, the state department of job and family 391
services shall certify to the director of budget and management 392
the estimated increase in costs of Ohio home care resulting from 393
enrollment of individuals in Ohio home care pursuant to this 394
section. 395

       Sec. 5111.89.  (A) As used in sections 5111.89 to 5111.894396
5111.895 of the Revised Code:397

       "Area agency on aging" has the same meaning as in section 398
173.14 of the Revised Code.399

       "Assisted living program" means the program created under 400
this section.401

       "Assisted living services" means the following home and 402
community-based services: personal care, homemaker, chore, 403
attendant care, companion, medication oversight, and therapeutic 404
social and recreational programming.405

       "County or district home" means a county or district home 406
operated under Chapter 5155. of the Revised Code.407

       "Long-term care consultation program" means the program the 408
department of aging is required to develop under section 173.42 of 409
the Revised Code.410

       "Long-term care consultation program administrator" or 411
"administrator" means the department of aging or, if the 412
department contracts with an area agency on aging or other entity 413
to administer the long-term care consultation program for a 414
particular area, that agency or entity.415

       "Medicaid waiver component" has the same meaning as in 416
section 5111.85 of the Revised Code.417

       "Nursing facility" has the same meaning as in section 5111.20 418
of the Revised Code.419

       "Residential care facility" has the same meaning as in 420
section 3721.01 of the Revised Code.421

       "State administrative agency" means the department of job and 422
family services if the department of job and family services 423
administers the assisted living program or the department of aging 424
if the department of aging administers the assisted living 425
program.426

       (B) There is hereby created the assisted living program. The 427
program shall provide assisted living services to individuals who 428
meet the program's eligibility requirements established under 429
section 5111.891 of the Revised Code. The program may not serve 430
more individuals than the number that is set by the United States 431
secretary of health and human services when the medicaid waiver 432
authorizing the program is approved. The program shall be operated 433
as a separate medicaid waiver component until the United States 434
secretary approves the consolidated federal medicaid waiver sought 435
under section 5111.861 of the Revised Code. The program shall be 436
part of the consolidated federal medicaid waiver sought under that 437
section if the United States secretary approves the waiver.438

       If the director of budget and management approves the 439
contract, the department of job and family services shall enter 440
into a contract with the department of aging under section 5111.91 441
of the Revised Code that provides for the department of aging to 442
administer the assisted living program. The contract shall include 443
an estimate of the program's costs.444

       The director of job and family services may adopt rules under 445
section 5111.85 of the Revised Code regarding the assisted living 446
program. The director of aging may adopt rules under Chapter 119. 447
of the Revised Code regarding the program that the rules adopted 448
by the director of job and family services authorize the director 449
of aging to adopt.450

       Sec. 5111.891.  To be eligible for the assisted living 451
program, an individual must meet all of the following 452
requirements:453

       (A) Need an intermediate level of care as determined under 454
rule 5101:3-3-06 of the Administrative Code;455

       (B) At the time the individual applies for the assisted 456
living program, be one of the following:457

       (1) A nursing facility resident who is seeking to move to a 458
residential care facility and would remain in a nursing facility 459
for long term care if not for the assisted living program;460

       (2) A participant of any of the following medicaid waiver 461
components who would move to a nursing facility if not for the 462
assisted living program:463

       (a) The PASSPORT program created under section 173.40 of the 464
Revised Code;465

       (b) The choices program created under section 173.403 of the 466
Revised Code;467

       (c) A medicaid waiver component that the department of job 468
and family services administers.469

       (3) A resident of a residential care facility who has resided 470
in a residential care facility for at least six months immediately 471
before the date the individual applies for the assisted living 472
program.473

       (C) At the time the individual receives assisted living 474
services under the assisted living program, reside in a 475
residential care facility that is authorized by a valid medicaid 476
provider agreement to participate in the assisted living program, 477
including both of the following: 478

       (1) A residential care facility that is owned or operated by 479
a metropolitan housing authority that has a contract with the 480
United States department of housing and urban development to 481
receive an operating subsidy or rental assistance for the 482
residents of the facility;483

       (2) A county or district home licensed as a residential care 484
facility. 485

       (D)(C) Meet all other eligibility requirements for the 486
assisted living program established in rules adopted under section 487
5111.85 of the Revised Code.488

       Sec. 5111.895. The state administrative agency shall 489
establish a presumptive eligibility process for the assisted 490
living program. Under the presumptive eligibility process, an 491
individual may be enrolled conditionally in the assisted living 492
program before the individual is determined to meet the program's 493
financial eligibility requirements established in rules authorized 494
by division (C) of section 5111.891 of the Revised Code if both of 495
the following apply:496

       (A) A written plan of care or individual service plan has 497
been created for the individual pursuant to division (B)(3) of 498
section 5111.851 of the Revised Code.499

       (B) The individual has been determined to meet both of the 500
following:501

       (1) The eligibility requirements established by divisions (A) 502
and (B) of section 5111.891 of the Revised Code;503

       (2) The eligibility requirements established in rules 504
authorized by division (C) of section 5111.891 of the Revised Code 505
other than such eligibility requirements that are financial 506
eligibility requirements. 507

       Section 2. That existing sections 122.63, 5111.16, 5111.85, 508
5111.861, 5111.89, and 5111.891 of the Revised Code are hereby 509
repealed.510

       Section 3. (A) Not later than ninety days after the effective 511
date of this section, the Director of Job and Family Services 512
shall submit a state Medicaid plan amendment or Medicaid waiver 513
request to the United States Secretary of Health and Human 514
Services as necessary to obtain federal financial participation 515
for a pilot program to be operated under this section. Not later 516
than ninety days after the date the United States Secretary 517
approves the plan amendment or waiver, the Department of Job and 518
Family Services shall contract with the Department of Mental 519
Health pursuant to section 5111.91 of the Revised Code to have the 520
Department of Mental Health operate the pilot program for two 521
years. The purpose of the pilot program is to assist Medicaid 522
recipients who have severe mental illnesses and reside in nursing 523
facilities transition to home or community-based services. The 524
Director of Job and Family Services may adopt rules under section 525
5111.011 or 5111.85 of the Revised Code establishing additional 526
eligibility requirements for the pilot program. To the extent 527
possible, the pilot program shall be modeled after the Money 528
Follows the Person demonstration project authorized by Section 529
6071 of the "Deficit Reduction Act of 2005," 120 Stat. 102, as 530
amended.531

       (B) In operating the pilot program, the Department of Mental 532
Health shall provide for a technical assistance advisor to do both 533
of the following:534

       (1) Design and implement a training course for individuals 535
who assist Medicaid recipients transition to home or 536
community-based services under the pilot program;537

       (2) Provide technical assistance to both of the following:538

       (a) Medicaid recipients seeking to transition to home or 539
community-based services under the pilot program;540

       (b) Individuals who assist Medicaid recipients transition to 541
home or community-based services under the pilot program.542

       (C) The Departments of Mental Health and Job and Family 543
Services shall prepare and complete a report on the pilot program 544
not later than one year after the pilot program ceases operation. 545
On completion of the report, the Departments shall submit the 546
report to the Governor and, in accordance with section 101.68 of 547
the Revised Code, the General Assembly.548

       Section 4. The Department of Job and Family Services, in 549
consultation with the Department of Aging, shall study the issue 550
of providing care coordination for the acute benefits provided 551
under home and community-based services Medicaid waiver components 552
as defined in section 5111.85 of the Revised Code. Not later than 553
one year after the effective date of this section, the Departments 554
shall submit a report regarding their study to the Governor and, 555
in accordance with section 101.68 of the Revised Code, the General 556
Assembly.557

       Section 5. The Department of Aging shall study the issue of 558
credentialing or licensing discharge planners employed by nursing 559
homes and hospitals. In conducting the study, the Department shall 560
examine the qualifications, including educational qualifications, 561
that a discharge planner should have to be credentialed or 562
licensed. Not later than one year after the effective date of this 563
section, the Department shall submit a report regarding its study 564
to the Governor and, in accordance with section 101.68 of the 565
Revised Code, the General Assembly. The report shall include 566
recommendations regarding the credentialing or licensing of 567
discharge planners employed by nursing homes and hospitals. 568

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