Enrolled House Bill (H)

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DIGEST

Long term care and home health agencies. Requires a home and community based services program for individuals who are aged or disabled to include reimbursement for assisted living services in the Medicaid program. Requires the division of aging to report to the general assembly a plan to expand the scope and availability of home and community based services for individuals who are aged or disabled and requires the division to implement the plan. Prohibits the office of Medicaid policy and planning (office) from including certain individuals who receive nursing facility services in a Medicaid risk based managed care program or Long term care and home health agencies. Requires a home and community based services program for individuals who are aged or disabled to include reimbursement for assisted living services in the Medicaid program. Requires the division of aging to report to the general assembly a plan to expand the scope and availability of home and community based services for individuals who are aged or disabled and requires the division to implement the plan. Prohibits the office of Medicaid policy and planning (office) from including certain individuals who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through December 31, 2019. Specifies the model to be used for Medicaid nursing facility service payments. Requires the office to do the following: (1) Provide public notice of at least one year before reducing nursing facility service reimbursements. (2) Review currently offered home health programs, develop additional programs, and report on the programs to the general assembly. Requires the state department of health to amend rules concerning residential care facilities to comply with federal law concerning the provision of home and community based services. Requires the office to report by October 1, 2017, to the legislative council concerning Medicaid recipient eligibility for health facility services. Requires home health agencies to drug test job applicants and employees who come into direct contact with patients. Exempts from drug testing certain licensed home health employees. Requires random drug testing of at least 50% of certain employees to occur at least annually. Allows for random drug testing upon reasonable suspicion of illegal controlled substance use and sets forth parameters of the random drug testing. Requires verification of a positive drug test, and requires the employee to pay for the verification test. Specifies that, unless an employee has a valid prescription for the substance for which the employee tests positive on a drug test, a home health agency shall either discharge an employee or suspend an employee from direct contact with patients for at least six months if the drug test is positive. Specifies that a home health agency that discharges or suspends an employee or refuses to hire a job applicant because of a positive drug test is considered to have discharged, suspended, or refused to hire for just cause. Provides that a home health agency, when acting in good faith and in compliance with state law, is immune from civil liability for conducting employee drug testing or taking an employee disciplinary action or discharging an employee as the result of employee drug testing. Provides that immunity does not apply to actions that constitute gross negligence or wanton misconduct. ... View more