Medicaid waiver for inpatient care in an institution for mental diseases.

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  • (1) As used in this section, "institution for mental diseases" means the same as that term is defined in 42 C.F.R. Sec. 435.1010.
  • (2) Before August 1, 2020, the division shall apply for a Medicaid waiver or a state plan amendment with CMS to offer a program that provides reimbursement for mental health services that are provided:
    • (a) in an institution for mental diseases that includes more than 16 beds; and
    • (b) to an individual who receives mental health services in an institution for mental diseases for a period of more than 15 days in a calendar month.
  • (3) If the waiver or state plan amendment described in Subsection (2) is approved, the department shall:
    • (a) coordinate with the Department of Human Services to develop and offer the program described in Subsection (2); and
    • (b) submit to the Health and Human Services Interim Committee and the Social Services Appropriations Subcommittee any report that the department submits to CMS that relates to the budget neutrality, independent waiver evaluation, or performance metrics of the program described in Subsection (2), within 15 days after the day on which the report is submitted to CMS.
  • (4) Notwithstanding Sections 17-43-201 and 17-43-301, if the waiver or state plan amendment described in Subsection (2) is approved, a county does not have to provide matching funds to the state for the mental health services described in Subsection (2) that are provided to an individual who qualifies for Medicaid coverage under Section 26-18-3.9 or Section 26-18-411.




Technically renumbered to avoid duplication of section number also enacted in HB214, Chapter 187, HB38, Chapter 159, and HB32, Chapter 303.


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