§ 42-66.8-5 - Duties of director of human services.
SECTION 42-66.8-5
§ 42-66.8-5 Duties of director of humanservices. – For the purposes of this section, director means the director of humanservices. Notwithstanding any inconsistent provision of law, but subject to theexpenditure limitations of this chapter, the director, subject to the approvalof the state director of the budget, may authorize the utilization of medicalassistance funds to pay for assisted living supportive services provided byspecified assisted living facilities in addition to those services included inthe medical assistance program under title 40 of this code, so long as federalfinancial participation is available for those services. Expenditures madeunder this subdivision shall be deemed payments for medical assistance forneedy persons.
(1) The department shall not make payments pursuant to TitleXIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., forbenefits available under Title XVIII of that act, 42 U.S.C. § 1395 etseq., without documentation that Title XVIII claims have been filed and denied.
(2) The department shall not make payments for a personreceiving assisted living services while payments are being made for thatperson under another Medicaid waiver program or for inpatient care in a skillednursing and intermediate care facility or hospital; provided, however, thisshall not effect monthly payments made under prospective reimbursementcontracts.