Chapter 346D

Long-Term Care

CHAPTER 346D

[LONG-TERM CARE]

Section

346D-1 Definitions

346D-1.5 Medicaid reimbursement equity

346D-2 Establishment of medicaid home and community-based

waiver programs

346D-3 Determination of eligibility for participation in a

waiver program

346D-4 Provision of services

346D-4.5 Needs allowance; waiver program individuals

346D-5, 6 Repealed

346D-7 Rules

346D-8 Personnel exempt

Note

Long-term care policy goals and guidelines. L 2008, c 224, §§2, 3.

Nursing facility sustainability program (repealed June 30, 2016 and December 31, 2016). L 2012, c 156; L 2013, c 142; L 2014, c 124; L 2015, c 69.

Cross References

Coordination and development of caregiver support services, see §349-15.

Dependent elder abuse; suits by the State; civil penalties, see §28-94.

Nursing facility sustainability program, see chapter 346F.

Law Journals and Reviews

Implementing Olmstead v. L.C.: Defining “Effectively Working” Plans for “Reasonably Paced” Wait Lists for Medicaid Home and Community-Based Services Waiver Programs. 23 UH L. Rev. 731 (2001).

Case Notes

Where plaintiffs challenged State’s administration of its medicaid home and community based services for the developmentally disabled or mentally retarded program (HCBS-MR), defendants’ motion for partial summary judgment granted to extent it covered (1) plaintiffs’ claim that defendants violated “reasonable promptness” provision of the medicaid statute, 42 U.S.C. §1396a(a)(8), by denying plaintiffs HCBS-MR services, as to filled slots; and (2) plaintiffs’ claims based on 42 U.S.C. §1396n©(2)(A) or © since plaintiffs were not entitled to HCBS-MR services under the medicaid statute once slots were filled by other eligible individuals. 114 F. Supp. 2d 1017 (1999).