SECOND REGULAR SESSION

HOUSE BILL NO. 2559

94TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE McGHEE.

                  Read 1st time April 1, 2008 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

5610L.01I

AN ACT

To amend chapter 208, RSMo, by adding thereto one new section relating to services for adults with mental retardation and developmental disabilities.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 208, RSMo, is amended by adding thereto one new section, to be known as section 208.231, to read as follows:

            208.231. 1. The MO HealthNet division within the department of social services shall apply to the federal Department of Health and Human Services to expand the Sarah Jian Medicaid waiver for children with developmental disabilities to include adults with mental retardation and developmental disabilities. The waiver shall allow for the disregard of parental income and resources for eligible permanently and totally disabled adults living with their parents who otherwise would require services at an institution.

            2. An adult shall be eligible for services if such person:

            (1) Is eighteen years of age or older;

            (2) Lives with his or her parents;

            (3) Is ineligible for MO HealthNet benefits based on the consideration of parental income and resources;

            (4) Has a permanent and total disability that requires habilitative services and the adult's spouse is not a paid caregiver; and

            (5) Would otherwise require services at an institution.

            3. Eligibility under the waiver shall be based on the following guidelines:

            (1) The income and resources of the adult does not exceed the financial guidelines of the MO HealthNet program;

            (2) The adult's condition meets the criteria established under the federal Medicaid program for permanent and total disability;

            (3) The adult is certified to need the level of services provided by an intermediate care facility designed to treat mental retardation and developmental disabilities; and

            (4) The cost of providing the needed services in the home is no greater than the cost of the services provided in an intermediate care facility.

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