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  346D-5, 6 Repealed

   346D-7 Rules

   346D-8 Personnel exempt

 

Note

 

  Long-term care PACE demonstration project (expires June 30, 2007).  L 1992, c 211; L 1997, c 338; L 2002, c 57, §2; L 2005, c 40.

 

Cross References

 

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

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

 

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.

 

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(c)(2)(A) or (C) 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.