HB0422 Summary

• Establishes that individuals with a determination of need (DON) score of 29 or higher remain eligible for institutional and home and community-based long-term care services under the Community Care Program, Home Services Program, and supportive living facilities until a federally-approved updated assessment tool is implemented.

• Requires the Department on Aging and other departments to adopt rules through regular rulemaking process (not emergency rules) regarding any updated assessment tool, with a limitation that no more than 1% of current recipients can lose eligibility under any new tool.

• Protects individuals found ineligible under an updated assessment tool by requiring at least one year of continued eligibility, with reassessment no earlier than 11 months after the determination.

• Prohibits the Department on Aging from restricting Community Care Program eligibility to medical assistance recipients or establishing separate programs based on medical assistance status, and prevents increases in copayments above January 1, 2016 levels except for inflation adjustments.

• Amends the Nursing Home Care Act to prohibit involuntary discharge of institutional care residents resulting from the updated assessment tool until a transition plan is developed and all identified care is immediately available to the resident.